Senate Bill 1646c1

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    Florida Senate - 1998                           CS for SB 1646

    By the Committee on Health Care and Senators Myers, Grant,
    Bronson, Latvala, Meadows, Horne, Gutman, Turner, Cowin and
    Dudley



    317-2136A-98

  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 the child

  9         protection teams and the sexual abuse treatment

10         program to the Department of Health; providing

11         the Department of Health with certain authority

12         with respect to transferred positions; amending

13         s. 20.43, F.S.; providing responsibility of the

14         Department of Health to provide services to

15         abused and neglected children through the teams

16         and program; amending ss. 39.4031, 39.4032, and

17         39.408, F.S., relating to children and family

18         case plan requirements and case staffing, and

19         hearings for dependency cases; providing for

20         coordination with the child protection teams of

21         the Department of Health; amending ss. 119.07,

22         415.50175, and 415.51, F.S.; providing

23         confidentiality under existing public records

24         exemptions for records of child protection

25         teams and personnel thereof; amending ss.

26         415.50171, 415.5018, 415.503, 415.5055, and

27         415.5095, F.S.; clarifying respective

28         responsibilities of the Department of Health

29         and the Department of Children and Family

30         Services, relating to child abuse and neglect

31         cases, policy, and procedures, to child

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  1         protection teams, and to child sexual abuse

  2         cases, pursuant to the transfer of

  3         responsibilities under the act; providing

  4         duties of the Division of Children's Medical

  5         Services; deleting requirements that child

  6         protection teams be capable of providing

  7         short-term psychological treatment; amending s.

  8         415.501, F.S.; revising participants in the

  9         state plan for prevention of child abuse and

10         neglect; creating s. 415.515, F.S.; authorizing

11         rulemaking by the Department of Health;

12         repealing s. 415.5075, F.S., relating to

13         rulemaking; requiring a memorandum of agreement

14         between the Department of Children and Family

15         Services and the Department of Health;

16         providing an effective date.

17

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

19

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

21  20.19, Florida Statutes, is amended to read:

22         20.19  Department of Children and Family

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

24  Family Services.

25         (4)  PROGRAM OFFICES.--

26         (b)  The following program offices are established and

27  may be consolidated, restructured, or rearranged by the

28  secretary; provided any such consolidation, restructuring, or

29  rearranging is for the purpose of encouraging service

30  integration through more effective and efficient performance

31  of the program offices or parts thereof:

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  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 services to abused

30  and neglected children provided through the child protection

31  teams and sexual abuse treatment program created under part IV

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  1  of chapter 415, Florida Statutes, are transferred to the

  2  Department of Health by a type two transfer as defined in s.

  3  20.06, Florida Statutes.  The Department of Health may

  4  organize, classify, and manage the positions transferred in a

  5  manner that will reduce duplication, achieve maximum

  6  efficiency, and ensure accountability.

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

  8  20.43, Florida Statutes, is amended to read:

  9         20.43  Department of Health.--There is created a

10  Department of Health.

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

12  promote and protect the health of all residents and visitors

13  in the state through organized state and community efforts,

14  including cooperative agreements with counties.  The

15  department shall:

16         (h)  Provide services to abused and neglected children

17  through child protection teams and sexual abuse treatment

18  programs. Provide medical direction for child protection team

19  and sexual abuse treatment functions created under chapter

20  415.

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

22  39.4031, Florida Statutes, is amended to read:

23         39.4031  Case plan requirements.--

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

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

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

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

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

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

30  parent to substantially comply with the case plan may result

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

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

  2  petition for termination of parental rights sooner than the

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

  4  child protection team shall coordinate its effort with the

  5  case staffing committee shall coordinate its efforts with the

  6  child protection team of the Department of Health.

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

  8  Statutes, is amended to read:

  9         39.4032  Multidisciplinary case staffing.--

10         (4)  The case staffing committee shall coordinate its

11  effort with the child protection team of the Department of

12  Health.

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

14  39.408, Florida Statutes, is amended to read:

15         39.408  Hearings for dependency cases.--

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

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

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

19  parents have consented to the finding of dependency or

20  admitted the allegations in the petition, have failed to

21  appear for the arraignment hearing after proper notice, or

22  have not been located despite a diligent search having been

23  conducted, the court shall receive and consider a

24  predisposition study, which must be in writing and presented

25  by an authorized agent of the department.

26         (a)  The predisposition study shall cover for any

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

28  also provide the court with the following documented

29  information:

30

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  1         1.  An assessment defining the dangers and risks of

  2  returning the child home, including a description of the

  3  changes in and resolutions to the initial risks.

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

  5  what resources are available and will be provided for the

  6  protection and safety of the child.

  7         3.  A description of the benefits of returning the

  8  child home.

  9         4.  A description of all unresolved issues.

10         5.  An abuse registry history for all caretakers,

11  family members, and individuals residing within the household.

12         6.  The complete child protection team report and

13  recommendation of the child protection team of the Department

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

15  no report has been made.

16         7.  All opinions or recommendations from other

17  professionals or agencies that provide evaluative, social,

18  reunification, or other services to the family.

19         8.  The availability of appropriate prevention and

20  reunification services for the family to prevent the removal

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

22  family after removal, including the availability of family

23  preservation services through the Family Builders Program, the

24  Intensive Crisis Counseling Program, or both.

25         9.  The inappropriateness of other prevention and

26  reunification services that were available.

27         10.  The efforts by the department to prevent

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

29  reunify the family if appropriate services were available,

30  including the application of intensive family preservation

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  1  services through the Family Builders Program, the Intensive

  2  Crisis Counseling Program, or both.

  3         11.  Whether the services were provided to the family

  4  and child.

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

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

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

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

  9  such lack of action.

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

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

12  or if the child is placed outside the home.

13         15.  Whether family mediation was provided.

14         16.  Whether a multidisciplinary case staffing was

15  conducted and, if so, the results.

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

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

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

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

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

21  119.07, Florida Statutes, is amended to read:

22         119.07  Inspection, examination, and duplication of

23  records; exemptions.--

24         (3)

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

26  security numbers, and photographs of active or former law

27  enforcement personnel, including correctional and correctional

28  probation officers, personnel of the Department of Children

29  and Family Health and Rehabilitative Services whose duties

30  include the investigation of abuse, neglect, exploitation,

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

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  1  Department of Health whose duties are to support the

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

  3  Department of Revenue or local governments whose

  4  responsibilities include revenue collection and enforcement or

  5  child support enforcement; the home addresses, telephone

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

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

  8  the names and locations of schools and day care facilities

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

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

11  numbers, and photographs of firefighters certified in

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

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

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

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

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

17  addresses and telephone numbers of justices of the Supreme

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

19  and county court judges; the home addresses, telephone

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

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

22  and day care facilities attended by the children of justices

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

24  The home addresses, telephone numbers, social security

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

26  assistant state attorneys, statewide prosecutors, or assistant

27  statewide prosecutors; the home addresses, telephone numbers,

28  social security numbers, photographs, and places of employment

29  of the spouses and children of current or former state

30  attorneys, assistant state attorneys, statewide prosecutors,

31  or assistant statewide prosecutors; and the names and

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  1  locations of schools and day care facilities attended by the

  2  children of current or former state attorneys, assistant state

  3  attorneys, statewide prosecutors, or assistant statewide

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

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

  6  telephone numbers of county and municipal code inspectors and

  7  code enforcement officers are confidential and exempt from the

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

  9  Constitution.

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

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

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

13  person specified in subparagraph 1. shall maintain the

14  confidentiality of the personal information only if the

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

16  agency of the designated employee submits a written request

17  for confidentiality to the custodial agency.

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

19  Statutes, is amended to read:

20         415.501  Prevention of abuse and neglect of children;

21  state plan.--

22         (3)  FUNDING AND SUBSEQUENT PLANS.--

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

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

25  Department of Education, or any other agency to the

26  Legislature for funding of efforts for the prevention of child

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

28  pursuant to this section.

29         (b)  The Department of Children and Family Services at

30  the state and district levels and the other agencies listed in

31  paragraph (2)(a) shall readdress the plan and make necessary

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  1  revisions every 5 years, at a minimum. Such revisions shall be

  2  submitted to the Speaker of the House of Representatives and

  3  the President of the Senate no later than June 30 of each year

  4  divisible by 5.  An annual progress report shall be submitted

  5  to update the plan in the years between the 5-year intervals.

  6  In order to avoid duplication of effort, these required plans

  7  may be made a part of or merged with other plans required by

  8  either the state or Federal Government, so long as the

  9  portions of the other state or Federal Government plan that

10  constitute the state plan for the prevention of child abuse

11  and neglect are clearly identified as such and are provided to

12  the Speaker of the House of Representatives and the President

13  of the Senate as required above.

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

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

16         415.50171  Family services response system; reports of

17  child-on-child sexual abuse.--

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

19  following procedures:

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

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

22  respective caregivers shall be conducted by the district

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

24  and other providers under contract with the department to

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

26  victim, and the victim's caregiver.

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

28  Department of Health shall conduct a an evidence-gathering

29  physical examination of the victim which is sufficient to meet

30  forensic requirements.

31

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  1         Section 10.  Section 415.50175, Florida Statutes, is

  2  amended to read:

  3         415.50175  Confidentiality of records.--

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

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

  6  pursuant to this part and shall preserve the records

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

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

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

10  records.

11         (2)  Department and Department of Health records

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

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

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

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

16  for in this section. Confidential records and information

17  provided pursuant to the provisions of this section shall

18  remain confidential and exempt from the provisions of s.

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

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

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

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

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

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

25  providing services to the child or family.

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

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

28  for research or statistical purposes.  All requests for such

29  records or information shall require the requesting individual

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

31  provides that the requesting individual or entity shall comply

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

  2  information for research and statistical purposes.

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

  4  Florida Statutes, is amended to read:

  5         415.5018  District authority and responsibilities.--

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

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

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

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

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

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

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

13  department that is jurisdictionally responsible to allow such

14  law enforcement entity to assume a lead in conducting any

15  potential criminal investigations as well as partial or full

16  responsibility for conducting certain components of protective

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

18  cases involving a criminal investigation.  The written

19  agreement must specify how the requirements of ss.

20  415.502-415.514 will be met. For the purposes of such

21  agreement, the jurisdictionally responsible law enforcement

22  entity is authorized to share Florida criminal history

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

24  with the local and district personnel directly responsible for

25  child protective investigation and emergency child placement.

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

27  943.0525 to the extent applicable. Criminal justice

28  information provided by such law enforcement entity shall be

29  used only for the purposes specified in the agreement and

30  shall be provided at no charge.

31

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

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

  3  following assurances and information:

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

  5  police department will be in compliance with the procedural

  6  requirements of ss. 415.502-415.514.

  7         2.  Description of a protocol between the district and

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

  9  a minimum addresses the following:

10         a.  Response to reports of abuse and neglect.

11         b.  Investigations.

12         c.  Assessment of risk.

13         d.  Evidence gathering.

14         e.  Classification of reports.

15         f.  Appeals of classifications.

16         g.  Communication and involvement with the state

17  attorney.

18         h.  Confidentiality of reports and access to

19  information.

20         i.  Utilization of the child protection team of the

21  Department of Health.

22         j.  Storage and maintenance of records and other

23  information.

24         3.  Description of the transition of responsibility

25  that assures the integrity and continuity of protective

26  investigations.

27         4.  Description of any necessary changes to department

28  rules.

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

30  personnel assuming responsibility for conducting certain

31  components of protective investigations shall receive training

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  1  from the department relevant to child protective

  2  investigations and services.

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

  4  proposed agreement by approving or disapproving the agreement

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

  6  police department within 60 days after receipt.  The secretary

  7  may negotiate modifications within this 60-day period.

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

  9  Statutes, is amended to read:

10         415.503  Definitions of terms used in ss.

11  415.502-415.514.--As used in ss. 415.502-415.514:

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

13  professionals established by the Department of Health to

14  receive referrals from the protective investigators and

15  protective supervision staff of the family safety and

16  preservation children, youth, and families program and to

17  provide specialized and supportive services to the program in

18  processing child abuse and neglect cases.  A child protection

19  team shall provide consultation to other programs of the

20  department and other persons on child abuse and neglect cases

21  pursuant to s. 415.5055(1)(g).

22         Section 13.  Section 415.5055, Florida Statutes, is

23  amended to read:

24         415.5055  Child protection teams; services; eligible

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

26  Department of Health shall develop, maintain, and coordinate

27  the services of one or more multidisciplinary child protection

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

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

30  representatives of appropriate health, mental health, social

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

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  1  Legislature finds that optimal coordination of child

  2  protection teams and sexual abuse treatment programs requires

  3  collaboration between the Department of Health and the

  4  Department of Children and Family Services. The two

  5  departments shall maintain an interagency agreement that

  6  establishes protocols for oversight and operations of child

  7  protection teams and sexual abuse treatment programs. The

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

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

10  with the Secretary of Children and Family Services, shall

11  maintain the responsibility for the screening, employment,

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

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

14  Child protection team medical directors shall be responsible

15  for oversight of the teams in the districts.

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

17  the teams to supplement the assessment and protective

18  supervision activities of the family safety and preservation

19  children, youth, and families program of the Department of

20  Children and Family Services.  Nothing in this section shall

21  be construed to remove or reduce the duty and responsibility

22  of any person to report pursuant to s. 415.504 all suspected

23  or actual cases of child abuse or neglect or sexual abuse of a

24  child.  The role of the teams shall be to support activities

25  of the program and to provide services deemed by the teams to

26  be necessary and appropriate to abused and neglected children

27  upon referral.  The specialized diagnostic assessment,

28  evaluation, coordination, consultation, and other supportive

29  services that a child protection team shall be capable of

30  providing include, but are not limited to, the following:

31

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  1         (a)  Medical diagnosis and evaluation services,

  2  including provision or interpretation of X rays and laboratory

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

  4  findings relative thereto.

  5         (b)  Telephone consultation services in emergencies and

  6  in other situations.

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

  8  defined by department policy or rule of the Department of

  9  Health.

10         (d)  Such psychological and psychiatric diagnosis and

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

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

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

14  the team may determine to be needed.

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

16  intent of the Legislature that short-term psychological

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

18  treatment is initiated, except that the appropriate district

19  administrator may authorize such treatment for individual

20  children beyond this limitation if the administrator deems it

21  appropriate.

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

23  professional testimony in court cases.

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

25  monitor treatment plans for children whose cases have been

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

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

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

29  which consultation shall be provided at the request of a

30  representative of the family safety and preservation children,

31  youth, and families program or at the request of any other

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  1  professional involved with a child or the child's parent or

  2  parents, guardian or guardians, or other caregivers.  In every

  3  such child protection team case staffing, consultation, or

  4  staff activity involving a child, a family safety and

  5  preservation children, youth, and families program

  6  representative shall attend and participate.

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

  8  including the location of services available from other public

  9  and private agencies in the community.

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

11  department employees of the Department of Children and Family

12  Services, employees of the Department of Health, and other

13  medical professionals as is deemed appropriate to enable them

14  to develop and maintain their professional skills and

15  abilities in handling child abuse and neglect cases.

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

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

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

19  and neglect in the community.

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

21  appropriate for referral by the family safety and preservation

22  children, youth, and families program to child protection

23  teams of the Department of Health for support services as set

24  forth in subsection (1) include, but are not limited to, cases

25  involving:

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

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

28         (b)  Unexplained or implausibly explained bruises,

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

30

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  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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  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 415.515, Florida Statutes, is

26  created to read:

27         415.515 Rules for implementation of ss. 415.5055 and

28  415.5095.--The Department of Health, in consultation with the

29  Department of Children and Family Services, shall adopt rules

30  governing the child protection teams and the sexual abuse

31  treatment program pursuant to ss. 415.5055 and 415.5095,

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  1  including definitions, organization, roles and

  2  responsibilities, eligibility, services and their

  3  availability, qualifications of staff, and a waiver-request

  4  process.

  5         Section 17.  A memorandum of agreement shall be

  6  developed between the Department of Children and Family

  7  Services and the Department of Health that specifies how the

  8  teams will work with child protective investigation and

  9  service staff, that requires joint oversight by the two

10  departments of the activities of the teams, and that specifies

11  how that oversight will be implemented.

12         Section 18.  Section 415.5075, Florida Statutes, is

13  repealed.

14         Section 19.  This act shall take effect January 1,

15  1999.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1646

19

20  Deletes from the bill any reference to the transfer of the
    child abuse prevention program from the Department of Children
21  and Family Services to the Department of Health.

22  Authorizes the Department of Health to adopt rules relating to
    the child protection teams and the sexual abuse treatment
23  program functions.

24  Requires the Department of Children and Family Services and
    the Department of Health to develop a memorandum of agreement
25  that specifies: 1) joint oversight by the two departments; 2)
    how the oversight will be implemented; and 3) how the child
26  protection teams and sexual abuse treatment program will work
    with the child protective investigation and service staff.
27
    Changes the effective date of the bill to January 1, 1999.
28
    Incorporates numerous technical and clarifying revisions.
29

30

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