Senate Bill 1646

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    Florida Senate - 1998                                  SB 1646

    By Senator Myers





    27-1402-98                                      See CS/HB 1929

  1                      A bill to be entitled

  2         An act relating to protection of children;

  3         amending s. 20.19, F.S.; deleting reference to

  4         child protection and sexual abuse treatment

  5         teams from responsibilities of the Children and

  6         Families Program Office of the Department of

  7         Children and Family Services; transferring all

  8         powers and duties relating to child abuse

  9         prevention services, the child protection

10         teams, and the sexual abuse treatment program

11         to the Department of Health; providing the

12         Department of Health with certain authority

13         with respect to transferred positions;

14         providing for transferring certain funds by

15         interagency agreement; amending s. 20.43, F.S.;

16         providing responsibility of the Department of

17         Health to provide child abuse prevention

18         services and services to abused and neglected

19         children through the teams and program;

20         amending ss. 39.4031, 39.4032, and 39.408,

21         F.S., relating to children and family case plan

22         requirements and case staffing, and hearings

23         for dependency cases; providing for

24         coordination with the child protection teams of

25         the Department of Health; amending ss. 119.07,

26         415.50175, and 415.51, F.S.; providing

27         confidentiality under existing public records

28         exemptions for records of child protection

29         teams and personnel thereof; amending ss.

30         415.50171, 415.5018, 415.503, 415.5055, and

31         415.5095, F.S.; clarifying respective

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         responsibilities of the Department of Health

  2         and the Department of Children and Family

  3         Services, relating to child abuse and neglect

  4         cases, policy, and procedures, to child

  5         protection teams, and to child sexual abuse

  6         cases, pursuant to the transfer of

  7         responsibilities under the act; providing

  8         duties of the Division of Children's Medical

  9         Services; deleting requirements that child

10         protection teams be capable of providing

11         short-term psychological treatment; amending s.

12         415.501, F.S.; revising participants in the

13         state plan for prevention of child abuse and

14         neglect; repealing s. 415.5075, F.S., relating

15         to rulemaking; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Paragraph (b) of subsection (4) of section

20  20.19, Florida Statutes, is amended to read:

21         20.19  Department of Children and Family

22  Services.--There is created a Department of Children and

23  Family Services.

24         (4)  PROGRAM OFFICES.--

25         (b)  The following program offices are established and

26  may be consolidated, restructured, or rearranged by the

27  secretary; provided any such consolidation, restructuring, or

28  rearranging is for the purpose of encouraging service

29  integration through more effective and efficient performance

30  of the program offices or parts thereof:

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         1.  Economic Self-Sufficiency Program Office.--The

  2  responsibilities of this office encompass income support

  3  programs within the department, such as temporary assistance

  4  to families with dependent children, food stamps, welfare

  5  reform, and state supplementation of the supplemental security

  6  income (SSI) program.

  7         2.  Developmental Services Program Office.--The

  8  responsibilities of this office encompass programs operated by

  9  the department for developmentally disabled persons.

10  Developmental disabilities include any disability defined in

11  s. 393.063.

12         3.  Children and Families Program Office.--The

13  responsibilities of this program office encompass early

14  intervention services for children and families at risk;

15  intake services for protective investigation of abandoned,

16  abused, and neglected children; interstate compact on the

17  placement of children programs; adoption; child care;

18  out-of-home care programs and other specialized services to

19  families; and child protection and sexual abuse treatment

20  teams created under chapter 415, excluding medical direction

21  functions.

22         4.  Alcohol, Drug Abuse, and Mental Health Program

23  Office.--The responsibilities of this office encompass all

24  alcohol, drug abuse, and mental health programs operated by

25  the department.

26         Section 2.  All powers, duties, functions, records,

27  personnel, property, and unexpended balances of

28  appropriations, allocations, and other funds of the Department

29  of Children and Family Services relating to the child abuse

30  prevention program created under s. 415.501, Florida Statutes,

31  and services to abused and neglected children provided through

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  the child protection teams and sexual abuse treatment program

  2  created under part IV of chapter 415, Florida Statutes, are

  3  transferred to the Department of Health by a type two transfer

  4  as defined in s. 20.06, Florida Statutes, and shall include by

  5  interagency agreement all funds in support of the child abuse

  6  prevention program which are derived in whole or part from

  7  federal funds.  The Department of Health may organize,

  8  classify, and manage the positions transferred in a manner

  9  that will reduce duplication, achieve maximum efficiency, and

10  ensure accountability.

11         Section 3.  Paragraph (h) of subsection (1) of section

12  20.43, Florida Statutes, is amended to read:

13         20.43  Department of Health.--There is created a

14  Department of Health.

15         (1)  The purpose of the Department of Health is to

16  promote and protect the health of all residents and visitors

17  in the state through organized state and community efforts,

18  including cooperative agreements with counties.  The

19  department shall:

20         (h)  Provide child abuse prevention services and

21  services to abused and neglected children through child

22  protection teams and sexual abuse treatment programs. Provide

23  medical direction for child protection team and sexual abuse

24  treatment functions created under chapter 415.

25         Section 4.  Paragraph (j) of subsection (4) of section

26  39.4031, Florida Statutes, is amended to read:

27         39.4031  Case plan requirements.--

28         (4)  When the child is receiving services in a

29  placement outside the child's home or in foster care, the case

30  plan must be prepared within 30 days after placement and also

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  be approved by the court and must include, in addition to the

  2  requirements in subsections (2) and (3), at a minimum:

  3         (j)  A written notice to the parent that failure of the

  4  parent to substantially comply with the case plan may result

  5  in the termination of parental rights, and that a material

  6  failure to substantially comply may result in the filing of a

  7  petition for termination of parental rights sooner than the

  8  compliance periods set forth in the case plan itself. The

  9  child protection team shall coordinate its effort with the

10  case staffing committee shall coordinate its efforts with the

11  child protection team of the Department of Health.

12         Section 5.  Paragraph (4) of section 39.4032, Florida

13  Statutes, is amended to read:

14         39.4032  Multidisciplinary case staffing.--

15         (4)  The case staffing committee shall coordinate its

16  effort with the child protection team of the Department of

17  Health.

18         Section 6.  Paragraph (a) of subsection (3) of section

19  39.408, Florida Statutes, is amended to read:

20         39.408  Hearings for dependency cases.--

21         (3)  DISPOSITION HEARING.--At the disposition hearing,

22  if the court finds that the facts alleged in the petition for

23  dependency were proven in the adjudicatory hearing, or if the

24  parents have consented to the finding of dependency or

25  admitted the allegations in the petition, have failed to

26  appear for the arraignment hearing after proper notice, or

27  have not been located despite a diligent search having been

28  conducted, the court shall receive and consider a

29  predisposition study, which must be in writing and presented

30  by an authorized agent of the department.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         (a)  The predisposition study shall cover for any

  2  dependent child all factors specified in s. 61.13(3), and must

  3  also provide the court with the following documented

  4  information:

  5         1.  An assessment defining the dangers and risks of

  6  returning the child home, including a description of the

  7  changes in and resolutions to the initial risks.

  8         2.  A description of what risks are still present and

  9  what resources are available and will be provided for the

10  protection and safety of the child.

11         3.  A description of the benefits of returning the

12  child home.

13         4.  A description of all unresolved issues.

14         5.  An abuse registry history for all caretakers,

15  family members, and individuals residing within the household.

16         6.  The complete child protection team report and

17  recommendation of the child protection team of the Department

18  of Health or, if no report exists, a statement reflecting that

19  no report has been made.

20         7.  All opinions or recommendations from other

21  professionals or agencies that provide evaluative, social,

22  reunification, or other services to the family.

23         8.  The availability of appropriate prevention and

24  reunification services for the family to prevent the removal

25  of the child from the home or to reunify the child with the

26  family after removal, including the availability of family

27  preservation services through the Family Builders Program, the

28  Intensive Crisis Counseling Program, or both.

29         9.  The inappropriateness of other prevention and

30  reunification services that were available.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         10.  The efforts by the department to prevent

  2  out-of-home placement of the child or, when applicable, to

  3  reunify the family if appropriate services were available,

  4  including the application of intensive family preservation

  5  services through the Family Builders Program, the Intensive

  6  Crisis Counseling Program, or both.

  7         11.  Whether the services were provided to the family

  8  and child.

  9         12.  If the services were provided, whether they were

10  sufficient to meet the needs of the child and the family and

11  to enable the child to remain at home or to be returned home.

12         13.  If the services were not provided, the reasons for

13  such lack of action.

14         14.  The need for, or appropriateness of, continuing

15  the services if the child remains in the custody of the family

16  or if the child is placed outside the home.

17         15.  Whether family mediation was provided.

18         16.  Whether a multidisciplinary case staffing was

19  conducted and, if so, the results.

20         17.  If the child has been removed from the home and

21  there is a parent who may be considered for custody pursuant

22  to s. 39.41(1), a recommendation as to whether placement of

23  the child with that parent would be detrimental to the child.

24         Section 7.  Paragraph (i) of subsection (3) of section

25  119.07, Florida Statutes, is amended to read:

26         119.07  Inspection, examination, and duplication of

27  records; exemptions.--

28         (3)

29         (i)1.  The home addresses, telephone numbers, social

30  security numbers, and photographs of active or former law

31  enforcement personnel, including correctional and correctional

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  probation officers, personnel of the Department of Children

  2  and Family Health and Rehabilitative Services whose duties

  3  include the investigation of abuse, neglect, exploitation,

  4  fraud, theft, or other criminal activities, personnel of the

  5  Department of Health whose duties are to support the

  6  investigation of child abuse or neglect, and personnel of the

  7  Department of Revenue or local governments whose

  8  responsibilities include revenue collection and enforcement or

  9  child support enforcement; the home addresses, telephone

10  numbers, social security numbers, photographs, and places of

11  employment of the spouses and children of such personnel; and

12  the names and locations of schools and day care facilities

13  attended by the children of such personnel are exempt from the

14  provisions of subsection (1). The home addresses, telephone

15  numbers, and photographs of firefighters certified in

16  compliance with s. 633.35; the home addresses, telephone

17  numbers, photographs, and places of employment of the spouses

18  and children of such firefighters; and the names and locations

19  of schools and day care facilities attended by the children of

20  such firefighters are exempt from subsection (1). The home

21  addresses and telephone numbers of justices of the Supreme

22  Court, district court of appeal judges, circuit court judges,

23  and county court judges; the home addresses, telephone

24  numbers, and places of employment of the spouses and children

25  of justices and judges; and the names and locations of schools

26  and day care facilities attended by the children of justices

27  and judges are exempt from the provisions of subsection (1).

28  The home addresses, telephone numbers, social security

29  numbers, and photographs of current or former state attorneys,

30  assistant state attorneys, statewide prosecutors, or assistant

31  statewide prosecutors; the home addresses, telephone numbers,

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  social security numbers, photographs, and places of employment

  2  of the spouses and children of current or former state

  3  attorneys, assistant state attorneys, statewide prosecutors,

  4  or assistant statewide prosecutors; and the names and

  5  locations of schools and day care facilities attended by the

  6  children of current or former state attorneys, assistant state

  7  attorneys, statewide prosecutors, or assistant statewide

  8  prosecutors are exempt from subsection (1) and s. 24(a), Art.

  9  I of the State Constitution. The home addresses and home

10  telephone numbers of county and municipal code inspectors and

11  code enforcement officers are confidential and exempt from the

12  provisions of subsection (1) and s. 24(a), Art. I of the State

13  Constitution.

14         2.  An agency that is the custodian of the personal

15  information specified in subparagraph 1. and that is not the

16  employer of the officer, employee, justice, judge, or other

17  person specified in subparagraph 1. shall maintain the

18  confidentiality of the personal information only if the

19  officer, employee, justice, judge, other person, or employing

20  agency of the designated employee submits a written request

21  for confidentiality to the custodial agency.

22         Section 8.  Subsection (3) of section 415.501, Florida

23  Statutes, is amended to read:

24         415.501  Prevention of abuse and neglect of children;

25  state plan.--

26         (3)  FUNDING AND SUBSEQUENT PLANS.--

27         (a)  All budget requests submitted by the Department of

28  Health, the Department of Children and Family Services, the

29  Department of Education, or any other agency to the

30  Legislature for funding of efforts for the prevention of child

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  abuse and neglect shall be based on the state plan developed

  2  pursuant to this section.

  3         (b)  The Department of Health Children and Family

  4  Services at the state and local district levels and the other

  5  agencies listed in paragraph (2)(a) shall readdress the plan

  6  and make necessary revisions every 5 years, at a minimum. Such

  7  revisions shall be submitted to the Speaker of the House of

  8  Representatives and the President of the Senate no later than

  9  June 30 of each year divisible by 5.  An annual progress

10  report shall be submitted to update the plan in the years

11  between the 5-year intervals.  In order to avoid duplication

12  of effort, these required plans may be made a part of or

13  merged with other plans required by either the state or

14  Federal Government, so long as the portions of the other state

15  or Federal Government plan that constitute the state plan for

16  the prevention of child abuse and neglect are clearly

17  identified as such and are provided to the Speaker of the

18  House of Representatives and the President of the Senate as

19  required above.

20         Section 9.  Paragraphs (c) and (e) of subsection (2) of

21  section 415.50171, Florida Statutes, are amended to read:

22         415.50171  Family services response system; reports of

23  child-on-child sexual abuse.--

24         (2)  District staff, at a minimum, shall adhere to the

25  following procedures:

26         (c)  The assessment of risk and the perceived treatment

27  needs of the alleged juvenile sexual offender, the victim, and

28  respective caregivers shall be conducted by the district

29  staff, the child protection team of the Department of Health,

30  and other providers under contract with the department to

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  provide services to the caregiver of the alleged offender, the

  2  victim, and the victim's caregiver.

  3         (e)  When necessary, the child protection team of the

  4  Department of Health shall conduct a an evidence-gathering

  5  physical examination of the victim which is sufficient to meet

  6  forensic requirements.

  7         Section 10.  Section 415.50175, Florida Statutes, is

  8  amended to read:

  9         415.50175  Confidentiality of records.--

10         (1)  The department and the Department of Health shall

11  make and keep records of all cases brought before them it

12  pursuant to this part and shall preserve the records

13  pertaining to a child and family until 7 years after the last

14  entry was made or until the child is 18 years of age,

15  whichever date is first reached, and may then destroy the

16  records.

17         (2)  Department and Department of Health records

18  required by this part are confidential and are exempt from the

19  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution and, notwithstanding the provisions of s. 415.51,

21  may be inspected only upon order of the court or as provided

22  for in this section. Confidential records and information

23  provided pursuant to the provisions of this section shall

24  remain confidential and exempt from the provisions of s.

25  119.07(1) and s. 24(a), Art. I of the State Constitution.

26         (3)  Access to records required by this part, excluding

27  the name of the reporter, which shall be released only as

28  provided in s. 415.51(4)(9), may be provided to the child, the

29  parent, and their attorney, law enforcement agencies, and,

30  with the consent of the parent, the agency or individual

31  providing services to the child or family.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         (4)  The department and the Department of Health shall

  2  provide for access to and use of records required by this part

  3  for research or statistical purposes.  All requests for such

  4  records or information shall require the requesting individual

  5  or entity to enter into a privacy and security agreement which

  6  provides that the requesting individual or entity shall comply

  7  with all laws and rules governing the use of such records and

  8  information for research and statistical purposes.

  9         Section 11.  Subsection (3) of section 415.5018,

10  Florida Statutes, is amended to read:

11         415.5018  District authority and responsibilities.--

12         (3)  CHILD PROTECTIVE INVESTIGATION; COUNTY SHERIFF'S

13  OFFICE OR LOCAL POLICE DEPARTMENT OPTION.--Within existing

14  resources, a district, with the approval of the district

15  health and human services board, and the secretary of the

16  department, after consultation with the Division of Children's

17  Medical Services of the Department of Health, shall enter into

18  an agreement with a county sheriff's office or local police

19  department that is jurisdictionally responsible to allow such

20  law enforcement entity to assume a lead in conducting any

21  potential criminal investigations as well as partial or full

22  responsibility for conducting certain components of protective

23  investigations under ss. 415.502-415.514 that are related to

24  cases involving a criminal investigation.  The written

25  agreement must specify how the requirements of ss.

26  415.502-415.514 will be met. For the purposes of such

27  agreement, the jurisdictionally responsible law enforcement

28  entity is authorized to share Florida criminal history

29  information that is not otherwise exempt from s. 119.07(1)

30  with the local and district personnel directly responsible for

31  child protective investigation and emergency child placement.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  The agencies entering into such agreement must comply with s.

  2  943.0525 to the extent applicable. Criminal justice

  3  information provided by such law enforcement entity shall be

  4  used only for the purposes specified in the agreement and

  5  shall be provided at no charge.

  6         (a)  The agreement between the district and the county

  7  sheriff's office or local police department must include the

  8  following assurances and information:

  9         1.  Assurance that the county sheriff's office or local

10  police department will be in compliance with the procedural

11  requirements of ss. 415.502-415.514.

12         2.  Description of a protocol between the district and

13  the county sheriff's office or local police department that at

14  a minimum addresses the following:

15         a.  Response to reports of abuse and neglect.

16         b.  Investigations.

17         c.  Assessment of risk.

18         d.  Evidence gathering.

19         e.  Classification of reports.

20         f.  Appeals of classifications.

21         g.  Communication and involvement with the state

22  attorney.

23         h.  Confidentiality of reports and access to

24  information.

25         i.  Utilization of the child protection team of the

26  Department of Health.

27         j.  Storage and maintenance of records and other

28  information.

29         3.  Description of the transition of responsibility

30  that assures the integrity and continuity of protective

31  investigations.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         4.  Description of any necessary changes to department

  2  rules.

  3         (b)  County sheriff's office or local police department

  4  personnel assuming responsibility for conducting certain

  5  components of protective investigations shall receive training

  6  from the department relevant to child protective

  7  investigations and services.

  8         (c)  The secretary of the department shall dispose of a

  9  proposed agreement by approving or disapproving the agreement

10  between a district and the county sheriff's office or local

11  police department within 60 days after receipt.  The secretary

12  may negotiate modifications within this 60-day period.

13         Section 12.  Subsection (5) of section 415.503, Florida

14  Statutes, is amended to read:

15         415.503  Definitions of terms used in ss.

16  415.502-415.514.--As used in ss. 415.502-415.514:

17         (5)  "Child protection team" means a team of

18  professionals established by the Department of Health to

19  receive referrals from the protective investigators and

20  protective supervision staff of the children, youth, and

21  families program and to provide specialized and supportive

22  services to the program in processing child abuse and neglect

23  cases.  A child protection team shall provide consultation to

24  other programs of the department and other persons on child

25  abuse and neglect cases pursuant to s. 415.5055(1)(g).

26         Section 13.  Section 415.5055, Florida Statutes, is

27  amended to read:

28         415.5055  Child protection teams; services; eligible

29  cases.--The Division of Children's Medical Services of the

30  Department of Health shall develop, maintain, and coordinate

31  the services of one or more multidisciplinary child protection

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  teams in each of the service districts of the Department of

  2  Children and Family Services.  Such teams may be composed of

  3  representatives of appropriate health, mental health, social

  4  service, legal service, and law enforcement agencies. The

  5  Legislature finds that optimal coordination of child

  6  protection teams and sexual abuse treatment programs requires

  7  collaboration between the Department of Health and the

  8  Department of Children and Family Services. The two

  9  departments shall maintain an interagency agreement that

10  establishes protocols for oversight and operations of child

11  protection teams and sexual abuse treatment programs. The

12  Secretary of Health, and the Deputy Secretary for Director of

13  the Division of Children's Medical Services, in consultation

14  with the Secretary of Children and Family Services, shall

15  maintain the responsibility for the screening, employment,

16  and, if necessary, the termination of child protection team

17  medical directors, at headquarters and in the 15 districts.

18  Child protection team medical directors shall be responsible

19  for oversight of the teams in the districts.

20         (1)  The Department of Health shall utilize and convene

21  the teams to supplement the assessment and protective

22  supervision activities of the children, youth, and families

23  program of the Department of Children and Family Services.

24  Nothing in this section shall be construed to remove or reduce

25  the duty and responsibility of any person to report pursuant

26  to s. 415.504 all suspected or actual cases of child abuse or

27  neglect or sexual abuse of a child.  The role of the teams

28  shall be to support activities of the program and to provide

29  services deemed by the teams to be necessary and appropriate

30  to abused and neglected children upon referral.  The

31  specialized diagnostic assessment, evaluation, coordination,

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  consultation, and other supportive services that a child

  2  protection team shall be capable of providing include, but are

  3  not limited to, the following:

  4         (a)  Medical diagnosis and evaluation services,

  5  including provision or interpretation of X rays and laboratory

  6  tests, and related services, as needed, and documentation of

  7  findings relative thereto.

  8         (b)  Telephone consultation services in emergencies and

  9  in other situations.

10         (c)  Medical evaluation related to abuse or neglect, as

11  defined by department policy or rule of the Department of

12  Health.

13         (d)  Such psychological and psychiatric diagnosis and

14  evaluation services for the child or the child's parent or

15  parents, guardian or guardians, or other caregivers, or any

16  other individual involved in a child abuse or neglect case, as

17  the team may determine to be needed.

18         (e)  Short-term psychological treatment.  It is the

19  intent of the Legislature that short-term psychological

20  treatment be limited to no more than 6 months' duration after

21  treatment is initiated, except that the appropriate district

22  administrator may authorize such treatment for individual

23  children beyond this limitation if the administrator deems it

24  appropriate.

25         (e)(f)  Expert medical, psychological, and related

26  professional testimony in court cases.

27         (f)(g)  Case staffings to develop, implement, and

28  monitor treatment plans for children whose cases have been

29  referred to the team.  A child protection team may provide

30  consultation with respect to a child who has not been referred

31  to the team, but who is alleged or is shown to be abused,

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1  which consultation shall be provided at the request of a

  2  representative of the children, youth, and families program or

  3  at the request of any other professional involved with a child

  4  or the child's parent or parents, guardian or guardians, or

  5  other caregivers.  In every such child protection team case

  6  staffing, consultation, or staff activity involving a child, a

  7  children, youth, and families program representative shall

  8  attend and participate.

  9         (g)(h)  Case service coordination and assistance,

10  including the location of services available from other public

11  and private agencies in the community.

12         (h)(i)  Such training services for program and other

13  department employees of the Department of Children and Family

14  Services, and employees of the Department of Health, as is

15  deemed appropriate to enable them to develop and maintain

16  their professional skills and abilities in handling child

17  abuse and neglect cases.

18         (i)(j)  Educational and community awareness campaigns

19  on child abuse and neglect in an effort to enable citizens

20  more successfully to prevent, identify, and treat child abuse

21  and neglect in the community.

22         (2)  The child abuse and neglect cases that are

23  appropriate for referral by the children, youth, and families

24  program to child protection teams of the Department of Health

25  for support services as set forth in subsection (1) include,

26  but are not limited to, cases involving:

27         (a)  Bruises, burns, or fractures in a child under the

28  age of 3 years or in a nonambulatory child of any age.

29         (b)  Unexplained or implausibly explained bruises,

30  burns, fractures, or other injuries in a child of any age.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         (c)  Sexual abuse of a child in which vaginal or anal

  2  penetration is alleged or in which other unlawful sexual

  3  conduct has been determined to have occurred.

  4         (d)  Venereal disease, or any other sexually

  5  transmitted disease, in a prepubescent child.

  6         (e)  Reported malnutrition of a child and failure of a

  7  child to thrive.

  8         (f)  Reported medical, physical, or emotional neglect

  9  of a child.

10         (g)  Any family in which one or more children have been

11  pronounced dead on arrival at a hospital or other health care

12  facility, or have been injured and later died, as a result of

13  suspected abuse or neglect, when any sibling or other child

14  remains in the home.

15         (h)  Symptoms of serious emotional problems in a child

16  when emotional or other abuse or neglect is suspected.

17         (3)  All records and reports of the child protection

18  team are confidential and exempt from the provisions of ss.

19  119.07(1) and 455.667 455.241, and shall not be disclosed,

20  except, upon request, to the state attorney, law enforcement,

21  the Department of Children and Family Services, the Department

22  of Health, and necessary professionals, in furtherance of the

23  treatment or additional evaluative needs of the child or by

24  order of the court.

25

26  In all instances in which a child protection team is providing

27  certain services to abused or neglected children, other

28  offices and units of the Department of Health, and offices and

29  units of the Department of Children and Family Services, shall

30  avoid duplicating the provision of those services.

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1         Section 14.  Subsection (2) of section 415.5095,

  2  Florida Statutes, is amended to read:

  3         415.5095  Intervention and treatment in sexual abuse

  4  cases; model plan.--

  5         (2)  The Department of Health Children and Family

  6  Services shall develop a model plan for community intervention

  7  and treatment of intrafamily sexual abuse in conjunction with

  8  the Department of Children and Family Services, the Department

  9  of Law Enforcement, the Department of Education, the Attorney

10  General, the state Guardian Ad Litem Program, the Department

11  of Corrections, representatives of the judiciary, and

12  professionals and advocates from the mental health and child

13  welfare community.

14         Section 15.  Subsection (5) of section 415.51, Florida

15  Statutes, is amended to read:

16         415.51  Confidentiality of reports and records in cases

17  of child abuse or neglect.--

18         (5)  All records and reports of the child protection

19  team of the Department of Health are confidential and exempt

20  from the provisions of ss. 119.07(1) and 455.667 455.241, and

21  shall not be disclosed, except, upon request, to the state

22  attorney, law enforcement, the department, and necessary

23  professionals, in furtherance of the treatment or additional

24  evaluative needs of the child or by order of the court.

25         Section 16.  Section 415.5075, Florida Statutes, is

26  repealed.

27         Section 17.  This act shall take effect October 1,

28  1998.

29

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    Florida Senate - 1998                                  SB 1646
    27-1402-98                                      See CS/HB 1929




  1            *****************************************

  2                          SENATE SUMMARY

  3    Deletes references to child protection and sexual abuse
      treatment teams from the responsibilities of the Children
  4    and Families Program Office of the Department of Children
      and Family Services. Transfers all powers and duties
  5    relating to child abuse prevention services, the child
      protection teams, and the sexual abuse treatment program
  6    to the Department of Health. Provides the Department of
      Health with certain authority with respect to transferred
  7    positions. Provides for transferring certain funds by
      interagency agreement. Provides for the responsibility of
  8    the Department of Health to provide child abuse
      prevention services and services to abused and neglected
  9    children through the teams and program. Provides for
      coordination with the child protection teams of the
10    Department of Health in matters relating to children and
      family case plan requirements and case staffing, and
11    hearings for dependency cases. Provides confidentiality
      under existing public records exemptions for records of
12    child protection teams and personnel thereof. Clarifies
      the respective responsibilities of the Department of
13    Health and the Department of Children and Family
      Services, relating to child abuse and neglect cases,
14    policy, and procedures, to child protection teams, and to
      child sexual abuse cases, pursuant to the transfer of
15    responsibilities under the act. Provides duties of the
      Division of Children's Medical Services. Deletes
16    requirements that child protection teams be capable of
      providing short-term psychological treatment. Revises the
17    list of participants in the state plan for prevention of
      child abuse and neglect. Repeals s. 415.5075, F.S.,
18    relating to rulemaking.

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