Florida Senate - 2015 SB 760 By Senator Bradley 7-00912A-15 2015760__ 1 A bill to be entitled 2 An act relating to child protection teams; amending s. 3 39.303, F.S.; requiring the Statewide Medical Director 4 for Child Protection and the district medical 5 directors to hold certain qualifications; reenacting 6 ss. 39.3031 and 391.026(2), F.S., to incorporate the 7 amendment made by this act to s. 39.303, F.S., in 8 references thereto; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 39.303, Florida Statutes, is amended to 13 read: 14 39.303 Child protection teams; services; eligible cases. 15 The Children’s Medical Services Program in the Department of 16 Health shall develop, maintain, and coordinate the services of 17 one or more multidisciplinary child protection teams in each of 18 the service districts of the Department of Children and 19 Families. Such teams may be composed of appropriate 20 representatives of school districts and appropriate health, 21 mental health, social service, legal service, and law 22 enforcement agencies. The Department of Health and the 23 Department of Children and Families shall maintain an 24 interagency agreement that establishes protocols for oversight 25 and operations of child protection teams and sexual abuse 26 treatment programs. The State Surgeon General and the Deputy 27 Secretary for Children’s Medical Services, in consultation with 28 the Secretary of Children and Families, shall maintain the 29 responsibility for the screening, employment, and, if necessary, 30 the termination of child protection team medical directors, at 31 headquarters and in the 15 districts. The Statewide Medical 32 Director for Child Protection at all times must be a physician 33 licensed under chapter 458 or chapter 459 who is board certified 34 in pediatrics with a subspecialty certification in child abuse 35 from the American Board of Pediatrics. Each district medical 36 director must be a physician licensed under chapter 458 or 37 chapter 459 who is board certified in pediatrics and, within 2 38 years after the date of his or her employment as district 39 medical director, must obtain a subspecialty certification in 40 child abuse from the American Board of Pediatrics or a 41 certificate issued by the Deputy Secretary for Children’s 42 Medical Services in recognition of demonstrated specialized 43 competence in child abuse. Child protection team medical 44 directors shall be responsible for oversight of the teams in the 45 districts. 46 (1) The Department of Health shall use and convene the 47 teams to supplement the assessment and protective supervision 48 activities of the family safety and preservation program of the 49 Department of Children and Families. This section does not 50 remove or reduce the duty and responsibility of any person to 51 report pursuant to this chapter all suspected or actual cases of 52 child abuse, abandonment, or neglect or sexual abuse of a child. 53 The role of the teams shall be to support activities of the 54 program and to provide services deemed by the teams to be 55 necessary and appropriate to abused, abandoned, and neglected 56 children upon referral. The specialized diagnostic assessment, 57 evaluation, coordination, consultation, and other supportive 58 services that a child protection team shall be capable of 59 providing include, but are not limited to, the following: 60 (a) Medical diagnosis and evaluation services, including 61 provision or interpretation of X rays and laboratory tests, and 62 related services, as needed, and documentation of related 63 findings. 64 (b) Telephone consultation services in emergencies and in 65 other situations. 66 (c) Medical evaluation related to abuse, abandonment, or 67 neglect, as defined by policy or rule of the Department of 68 Health. 69 (d) Such psychological and psychiatric diagnosis and 70 evaluation services for the child or the child’s parent or 71 parents, legal custodian or custodians, or other caregivers, or 72 any other individual involved in a child abuse, abandonment, or 73 neglect case, as the team may determine to be needed. 74 (e) Expert medical, psychological, and related professional 75 testimony in court cases. 76 (f) Case staffings to develop treatment plans for children 77 whose cases have been referred to the team. A child protection 78 team may provide consultation with respect to a child who is 79 alleged or is shown to be abused, abandoned, or neglected, which 80 consultation shall be provided at the request of a 81 representative of the family safety and preservation program or 82 at the request of any other professional involved with a child 83 or the child’s parent or parents, legal custodian or custodians, 84 or other caregivers. In every such child protection team case 85 staffing, consultation, or staff activity involving a child, a 86 family safety and preservation program representative shall 87 attend and participate. 88 (g) Case service coordination and assistance, including the 89 location of services available from other public and private 90 agencies in the community. 91 (h) Such training services for program and other employees 92 of the Department of Children and Families, employees of the 93 Department of Health, and other medical professionals as is 94 deemed appropriate to enable them to develop and maintain their 95 professional skills and abilities in handling child abuse, 96 abandonment, and neglect cases. 97 (i) Educational and community awareness campaigns on child 98 abuse, abandonment, and neglect in an effort to enable citizens 99 more successfully to prevent, identify, and treat child abuse, 100 abandonment, and neglect in the community. 101 (j) Child protection team assessments that include, as 102 appropriate, medical evaluations, medical consultations, family 103 psychosocial interviews, specialized clinical interviews, or 104 forensic interviews. 105 106 All medical personnel participating on a child protection team 107 must successfully complete the required child protection team 108 training curriculum as set forth in protocols determined by the 109 Deputy Secretary for Children’s Medical Services and the 110 Statewide Medical Director for Child Protection. A child 111 protection team that is evaluating a report of medical neglect 112 and assessing the health care needs of a medically complex child 113 shall consult with a physician who has experience in treating 114 children with the same condition. 115 (2) The child abuse, abandonment, and neglect reports that 116 must be referred by the department to child protection teams of 117 the Department of Health for an assessment and other appropriate 118 available support services as set forth in subsection (1) must 119 include cases involving: 120 (a) Injuries to the head, bruises to the neck or head, 121 burns, or fractures in a child of any age. 122 (b) Bruises anywhere on a child 5 years of age or under. 123 (c) Any report alleging sexual abuse of a child. 124 (d) Any sexually transmitted disease in a prepubescent 125 child. 126 (e) Reported malnutrition of a child and failure of a child 127 to thrive. 128 (f) Reported medical neglect of a child. 129 (g) Any family in which one or more children have been 130 pronounced dead on arrival at a hospital or other health care 131 facility, or have been injured and later died, as a result of 132 suspected abuse, abandonment, or neglect, when any sibling or 133 other child remains in the home. 134 (h) Symptoms of serious emotional problems in a child when 135 emotional or other abuse, abandonment, or neglect is suspected. 136 (3) All abuse and neglect cases transmitted for 137 investigation to a district by the hotline must be 138 simultaneously transmitted to the Department of Health child 139 protection team for review. For the purpose of determining 140 whether face-to-face medical evaluation by a child protection 141 team is necessary, all cases transmitted to the child protection 142 team which meet the criteria in subsection (2) must be timely 143 reviewed by: 144 (a) A physician licensed under chapter 458 or chapter 459 145 who holds board certification in pediatrics and is a member of a 146 child protection team; 147 (b) A physician licensed under chapter 458 or chapter 459 148 who holds board certification in a specialty other than 149 pediatrics, who may complete the review only when working under 150 the direction of a physician licensed under chapter 458 or 151 chapter 459 who holds board certification in pediatrics and is a 152 member of a child protection team; 153 (c) An advanced registered nurse practitioner licensed 154 under chapter 464 who has a specialty in pediatrics or family 155 medicine and is a member of a child protection team; 156 (d) A physician assistant licensed under chapter 458 or 157 chapter 459, who may complete the review only when working under 158 the supervision of a physician licensed under chapter 458 or 159 chapter 459 who holds board certification in pediatrics and is a 160 member of a child protection team; or 161 (e) A registered nurse licensed under chapter 464, who may 162 complete the review only when working under the direct 163 supervision of a physician licensed under chapter 458 or chapter 164 459 who holds certification in pediatrics and is a member of a 165 child protection team. 166 (4) A face-to-face medical evaluation by a child protection 167 team is not necessary when: 168 (a) The child was examined for the alleged abuse or neglect 169 by a physician who is not a member of the child protection team, 170 and a consultation between the child protection team board 171 certified pediatrician, advanced registered nurse practitioner, 172 physician assistant working under the supervision of a child 173 protection team board-certified pediatrician, or registered 174 nurse working under the direct supervision of a child protection 175 team board-certified pediatrician, and the examining physician 176 concludes that a further medical evaluation is unnecessary; 177 (b) The child protective investigator, with supervisory 178 approval, has determined, after conducting a child safety 179 assessment, that there are no indications of injuries as 180 described in paragraphs (2)(a)-(h) as reported; or 181 (c) The child protection team board-certified pediatrician, 182 as authorized in subsection (3), determines that a medical 183 evaluation is not required. 184 185 Notwithstanding paragraphs (a), (b), and (c), a child protection 186 team pediatrician, as authorized in subsection (3), may 187 determine that a face-to-face medical evaluation is necessary. 188 (5) In all instances in which a child protection team is 189 providing certain services to abused, abandoned, or neglected 190 children, other offices and units of the Department of Health, 191 and offices and units of the Department of Children and 192 Families, shall avoid duplicating the provision of those 193 services. 194 (6) The Department of Health child protection team quality 195 assurance program and the Family Safety Program Office of the 196 Department of Children and Families shall collaborate to ensure 197 referrals and responses to child abuse, abandonment, and neglect 198 reports are appropriate. Each quality assurance program shall 199 include a review of records in which there are no findings of 200 abuse, abandonment, or neglect, and the findings of these 201 reviews shall be included in each department’s quality assurance 202 reports. 203 Section 2. Section 39.3031 and subsection (2) of s. 204 391.026, Florida Statutes, are reenacted for the purpose of 205 incorporating the amendment made by this act to s. 39.303, 206 Florida Statutes, in references thereto. 207 Section 3. This act shall take effect July 1, 2015.