CS/CS/HB 47 — Specific Medical Diagnoses in Child Protective Investigations
by Health & Human Services Committee; Human Services Subcommittee; and Reps. Bartleman, Maney, and others (CS/CS/SB 42 by Fiscal Policy Committee; Appropriations Committee on Health and Human Services; and Senators Sharief, Rouson, Grall, Bernard, and Garcia)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Children, Families, and Elder Affairs Committee (CF)
The bill amends statutes related to child protective investigations to allow for the consideration of certain preexisting medical diagnoses for a child who has been removed from his or her home by the Department of Children and Families (DCF) due to allegations of child abuse, abandonment, or neglect. Specifically, the bill:
- Authorizes the DCF to delay forwarding allegations of criminal conduct to law enforcement pending the outcome of the child protective investigation if the parent or legal custodian alleges the child has a preexisting condition of Rickets, Ehlers-Danlos syndrome, Osteogenesis imperfecta, or Vitamin D deficiency or has requested a second medical examination of the child to determine whether the child may have one of those preexisting conditions. The bill requires allegations of criminal conduct that may remain upon completion of the investigation to be immediately forwarded to law enforcement.
- Requires the DCF, upon commencement of a child protective investigation, to notify parents or legal custodians of their duty to report preexisting medical diagnoses and the contact information of the healthcare professional that diagnosed or treated the child within 10 days after being informed of the duty to report. The bill also amends the procedures of a child protective investigation to require the DCF to request relevant medical records from the diagnosing or treating healthcare professional of the child.
- Requires a Child Protection Team (CPT), when evaluating a child with a listed reported preexisting condition, to consult with a licensed physician or licensed advanced practice registered nurse with experience in treating children with that reported medical diagnosis. The bill allows a parent or legal custodian from whom the child has been removed to request a second medical examination or the consideration of a differential diagnosis after an initial allegation. The bill requires the parent or legal custodian to request such examination within 10 days of the initial examination and to bear the cost of the examination.
- Requires the health care practitioner who performs the second medical examination to submit a written report to the DCF and the parent or legal custodian within 10 days of the examination with their findings and conclusions. If the second examination conflicts with the initial examination, the bill requires the DCF to convene a case staffing to reach a consensus.
- Establishes a 14-day time limit in which a health care practitioner must furnish patient records to the DCF after receiving a records request from the DCF.
If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect on July 1, 2026.
Vote: Senate 34-0; House 109-0