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House Bill 1433

Florida House of Representatives - 1997 HB 1433 By Representative Brennan 1 A bill to be entitled 2 An act relating to public records; amending s. 3 119.07, F.S.; providing for the release of 4 records of the Department of Children and 5 Family Services which pertain to the 6 investigation of the death of a disabled adult, 7 elderly person, or child as a result of abuse, 8 neglect, exploitation, or abandonment; 9 requiring that the department redact names and 10 other identifying information in certain 11 records; authorizing any person or 12 organization, or the Department of Children and 13 Family Services, to petition the court to 14 prohibit public disclosure of such records; 15 providing for a presumption that disclosure is 16 in the public interest; revising provisions to 17 reflect the creation of the Department of 18 Children and Family Services; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (7) of section 119.07, Florida 24 Statutes, 1996 Supplement, is amended to read: 25 119.07 Inspection, examination, and duplication of 26 records; exemptions.-- 27 (7)(a) Any person or organization, including the 28 Department of Children and Family Health and Rehabilitative 29 Services, may petition the court for an order making public 30 the records of the Department of Children and Family Health 31 and Rehabilitative Services that pertain to investigations of 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1433 220-156-97 1 alleged abuse, neglect, abandonment, or exploitation of a 2 child, a disabled adult, or an elderly person. The court shall 3 determine if good cause exists for public access to the 4 records sought or a portion thereof. In making this 5 determination, the court shall balance the best interest of 6 the disabled adult, elderly person, or child who is the focus 7 of the investigation, and in the case of the child, the 8 interest of that child's siblings, together with the privacy 9 right of other persons identified in the reports against the 10 public interest. The public interest in access to such records 11 is reflected in s. 119.01(1), and includes the need for 12 citizens to know of and adequately evaluate the actions of the 13 Department of Children and Family Health and Rehabilitative 14 Services and the court system in providing disabled adults, 15 elderly persons, and children of this state with the 16 protections enumerated in ss. 415.101 and 415.502. However, 17 nothing in this subsection does not shall contravene the 18 provisions of ss. 415.51 and 415.107, which protect the name 19 of any person reporting the abuse, neglect, or exploitation of 20 a child, a disabled adult, or an elderly person. 21 (b)1. In cases involving the death of a disabled adult 22 or an elderly person as the result of abuse, neglect, or 23 exploitation, all records of the Department of Children and 24 Family Services which pertain to an investigation of the 25 alleged abuse, neglect, or exploitation of that person are not 26 confidential. Inspection or production of the records shall be 27 in accordance with subsection (2) in order to preserve 28 confidentiality as required by federal law or state law, 29 including, but not limited to, s. 394.4615. Furthermore, the 30 Department of Children and Family Services shall redact the 31 client's name and other identifying information in any 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1433 220-156-97 1 unfounded report, unfounded proposed confirmed report, report 2 closed without classification, or report that has not been 3 classified under s. 415.1045(7). However, this subsection does 4 not contravene s. 415.107, which protects the name of any 5 person who reports the abuse, neglect, or exploitation of a 6 disabled adult or an elderly person. Any person, organization, 7 or the Department of Children and Family Services may oppose 8 the release of records under this paragraph by petitioning the 9 court prior to the release of the records. When the court 10 considers such a petition, there is shall be a presumption 11 that the best interest of the disabled adult or elderly person 12 and the public interest will be served by full public 13 disclosure of the circumstances of the investigation of the 14 death and any other investigation concerning the disabled 15 adult or elderly person. However, if the person, organization, 16 or Department of Children and Family Services shows a 17 compelling interest that requires the records not be released, 18 the court shall order that the records remain confidential, 19 subject to any further proceedings under paragraph (a). 20 2. In cases involving the death of a child as the 21 result of abuse, neglect, or abandonment, all records of the 22 Department of Children and Family Services which pertain to an 23 investigation of the alleged abuse, neglect, or abandonment, 24 of that child are not confidential. Inspection or production 25 of the records shall be in accordance with subsection (2) in 26 order to preserve confidentiality as required by federal law 27 or state law, including, but not limited to, s. 394.4615. 28 Furthermore, the Department of Children and Family Services 29 shall redact the child's name and other identifying 30 information in any unfounded report, unfounded proposed 31 confirmed report, report closed without classification, or 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1433 220-156-97 1 report that has not been classified under s. 415.504(4). This 2 subsection does not contravene s. 415.51, which protects the 3 name of any person who reports the abuse, neglect, or 4 abandonment of a child. Any person, organization, or the 5 Department of Children and Family Services may oppose the 6 release of records under this paragraph by petitioning the 7 court prior to the release of the records. When the court 8 considers such a petition, there is shall be a presumption 9 that the best interest of the child and the child's siblings 10 and the public interest will be served by full public 11 disclosure of the circumstances of the investigation of the 12 death of the child and any other investigation concerning the 13 child and the child's siblings. However, if the person, 14 organization, or Department of Children and Family Services 15 shows a compelling interest that requires the records not be 16 released, the court shall order that the records remain 17 confidential, subject to any further proceedings under 18 paragraph (a). 19 (c) In cases involving serious bodily injury to a 20 child, a disabled adult or an elderly person, the Department 21 of Children and Family Health and Rehabilitative Services may 22 petition the court for an order for the immediate public 23 release of records of the department which pertain to the 24 investigation of abuse, neglect, abandonment, or exploitation 25 of the child, disabled adult, or elderly person who suffered 26 serious bodily injury. The petition must be personally served 27 upon the child, disabled adult, or elderly person, the child's 28 parents or guardian, the legal guardian of that person, if 29 any, and any person named as an alleged perpetrator in the 30 report of abuse, neglect, abandonment, or exploitation. The 31 court must determine if good cause exists for the public 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1433 220-156-97 1 release of the records sought no later than 24 hours, 2 excluding Saturdays, Sundays, and legal holidays, after from 3 the date the department filed the petition with the court. If 4 the court has neither granted nor denied the petition within 5 the 24-hour time period, the department may release to the 6 public summary information including: 7 1. A confirmation that an investigation has been 8 conducted concerning the alleged victim. 9 2. The dates and brief description of procedural 10 activities undertaken during the department's investigation. 11 3. The date of each judicial proceeding, a summary of 12 each participant's recommendations made at the judicial 13 proceedings, and the rulings of the court. 14 15 The summary information may not include the name of, or other 16 identifying information with respect to, any person identified 17 in any investigation. In making a determination to release 18 confidential information, the court shall balance the best 19 interests of the disabled adult or elderly person or child who 20 is the focus of the investigation and, in the case of the 21 child, the interests of that child's siblings, together with 22 the privacy rights of other persons identified in the reports 23 against the public interest for access to public records. 24 However, nothing in this paragraph does not shall contravene 25 the provisions of ss. 415.51 and 415.107, which protect the 26 name of any person reporting abuse, neglect, or exploitation 27 of a child, a disabled adult, or an elderly person. 28 (d) In cases involving the death of a child or a 29 disabled adult or an elderly person, the Department of 30 Children and Family Health and Rehabilitative Services may 31 petition the court for an order for the immediate public 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1433 220-156-97 1 release of records of the department which pertain to the 2 investigation of abuse, neglect, abandonment, or exploitation 3 of the child, disabled adult, or elderly person who died. The 4 department must personally serve the petition upon the child's 5 parents or guardian, the legal guardian of the disabled adult 6 or elderly person, if any, and any person named as an alleged 7 perpetrator in the report of abuse, neglect, abandonment, or 8 exploitation. The court must determine if good cause exists 9 for the public release of the records sought no later than 24 10 hours, excluding Saturdays, Sundays, and legal holidays, after 11 from the date the department filed the petition with the 12 court. If the court has neither granted nor denied the 13 petition within the 24-hour time period, the department may 14 release to the public summary information including: 15 1. A confirmation that an investigation has been 16 conducted concerning the alleged victim. 17 2. The dates and brief description of procedural 18 activities undertaken during the department's investigation. 19 3. The date of each judicial proceeding, a summary of 20 each participant's recommendations made at the judicial 21 proceedings, and the ruling of the court. 22 23 In making a determination to release confidential information, 24 the court shall balance the best interests of the disabled 25 adult or elderly person or child who is the focus of the 26 investigation and, in the case of the child, the interest of 27 that child's siblings, together with the privacy right of 28 other persons identified in the reports against the public 29 interest. However, nothing in this paragraph does not shall 30 contravene the provisions of ss. 415.51 and 415.107, which 31 protect the name of any person reporting abuse, neglect, or 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1433 220-156-97 1 exploitation of a child, a disabled adult, or an elderly 2 person. 3 (e) When the court determines that good cause for 4 public access exists, the court shall direct that the 5 department redact the name of and other identifying 6 information with respect to any person identified in any 7 unfounded report or proposed confirmed report or report closed 8 without classification, or in any report that has not yet been 9 classified pursuant to s. 415.1045(7), until such time as the 10 court finds that there is probable cause to believe that the 11 person identified committed an act of alleged abuse, neglect, 12 or abandonment. 13 Section 2. This act shall take effect October 1, 1997. 14 15 ***************************************** 16 SENATE SUMMARY 17 Provides for public disclosure of records of the Department of Children and Family Services which relate 18 to an investigation into the death of a disabled adult, an elderly person, or a child. Requires that the 19 department delete names and other identifying information if state or federal law requires that such information 20 remain confidential. Provides for a court to require the release of the department's records unless there is a 21 compelling interest that the records remain confidential. 22 23 24 25 26 27 28 29 30 31 7