CODING: Words stricken are deletions; words underlined are additions.House Bill 1929
Florida House of Representatives - 1997 HB 1929
By the Committee on Health Care Services and
Representative Albright
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; amending
14 s. 20.43, F.S.; providing responsibility of the
15 Department of Health to provide child abuse
16 prevention services and services to abused and
17 neglected children through the teams and
18 program; providing qualifications and
19 requirements for the Director of Children's
20 Medical Services of the Department of Health;
21 amending ss. 39.4031, 39.4032, and 39.408,
22 F.S., relating to children and family case plan
23 requirements and case staffing, and hearings
24 for dependency cases; providing for
25 coordination with the child protection teams of
26 the Department of Health; amending ss. 119.07,
27 415.50175, and 415.51, F.S.; providing
28 confidentiality under existing public records
29 exemptions for records of child protection
30 teams and personnel thereof; amending ss.
31 154.067, 232.50, 395.1023, 415.50171, 415.5018,
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1 415.502, 415.503, 415.5055, 415.507, and
2 415.5095, F.S.; clarifying respective
3 responsibilities of the Department of Health
4 and the Department of Children and Family
5 Services, relating to child abuse and neglect
6 cases, policy, and procedures, to child
7 protection teams, and to child sexual abuse
8 cases, pursuant to the transfer of
9 responsibilities under the act; providing
10 duties of the Division of Children's Medical
11 Services; amending s. 415.501, F.S.; revising
12 participants in the state plan for prevention
13 of child abuse and neglect; amending s.
14 415.514, F.S.; providing for rules of the
15 Department of Health; repealing s. 415.5075,
16 F.S., relating to rulemaking; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (b) of subsection (4) of section
22 20.19, Florida Statutes, 1996 Supplement, is amended to read:
23 20.19 Department of Children and Family
24 Services.--There is created a Department of Children and
25 Family Services.
26 (4) PROGRAM OFFICES.--
27 (b) The following program offices are established and
28 may be consolidated, restructured, or rearranged by the
29 secretary; provided any such consolidation, restructuring, or
30 rearranging is for the purpose of encouraging service
31
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1 integration through more effective and efficient performance
2 of the program offices or parts thereof:
3 1. Economic Self-Sufficiency Program Office.--The
4 responsibilities of this office encompass income support
5 programs within the department, such as temporary assistance
6 to families with dependent children, food stamps, welfare
7 reform, and state supplementation of the supplemental security
8 income (SSI) program.
9 2. Developmental Services Program Office.--The
10 responsibilities of this office encompass programs operated by
11 the department for developmentally disabled persons.
12 Developmental disabilities include any disability defined in
13 s. 393.063.
14 3. Children and Families Program Office.--The
15 responsibilities of this program office encompass early
16 intervention services for children and families at risk;
17 intake services for protective investigation of abandoned,
18 abused, and neglected children; interstate compact on the
19 placement of children programs; adoption; child care; and
20 out-of-home care programs and other specialized services to
21 families; and child protection and sexual abuse treatment
22 teams created under chapter 415.
23 4. Alcohol, Drug Abuse, and Mental Health Program
24 Office.--The responsibilities of this office encompass all
25 alcohol, drug abuse, and mental health programs operated by
26 the department.
27 Section 2. All powers, duties, functions, records,
28 personnel, property, and unexpended balances of
29 appropriations, allocations, and other funds of the Department
30 of Children and Family Services relating to the child abuse
31 prevention program created under s. 415.501, Florida Statutes,
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1 and services to abused and neglected children provided through
2 the child protection teams and sexual abuse treatment program
3 created under part IV of chapter 415, Florida Statutes, are
4 transferred to the Department of Health by a type two transfer
5 as defined in s. 20.06, Florida Statutes. The Department of
6 Health may organize, classify, and manage the positions
7 transferred in a manner that will reduce duplication, achieve
8 maximum efficiency, and ensure accountability.
9 Section 3. Paragraphs (h) through (l) of subsection
10 (1) of section 20.43, Florida Statutes, 1996 Supplement, are
11 redesignated as paragraphs (i) through (m), respectively, a
12 new paragraph (h) is added to said subsection, and paragraph
13 (e) of subsection (3) of said section is amended, to read:
14 20.43 Department of Health.--There is created a
15 Department of Health.
16 (1) The purpose of the Department of Health is to
17 promote and protect the health of all residents and visitors
18 in the state through organized state and community efforts,
19 including cooperative agreements with counties. The
20 department shall:
21 (h) Provide child abuse prevention services and
22 services to abused and neglected children through child
23 protection teams and sexual abuse treatment programs.
24 (3) The following divisions of the Department of
25 Health are established:
26 (e) Division of Children's Medical Services. The
27 Director for Children's Medical Services must be a physician
28 licensed under chapter 458 or chapter 459 who has specialized
29 training and experience in the provision of medical care to
30 children and who has recognized skills in leadership and the
31 promotion of children's health programs. The Director for
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1 Children's Medical Services shall be the Deputy Secretary and
2 Deputy State Health Officer for Children's Medical Services
3 and is appointed by and reports to the secretary.
4 Section 4. Paragraph (j) of subsection (4) of section
5 39.4031, Florida Statutes, is amended to read:
6 39.4031 Case plan requirements.--
7 (4) When the child is receiving services in a
8 placement outside the child's home or in foster care, the case
9 plan must be prepared within 30 days after placement and also
10 be approved by the court and must include, in addition to the
11 requirements in subsections (2) and (3), at a minimum:
12 (j) A written notice to the parent that failure of the
13 parent to substantially comply with the case plan may result
14 in the termination of parental rights, and that a material
15 failure to substantially comply may result in the filing of a
16 petition for termination of parental rights sooner than the
17 compliance periods set forth in the case plan itself. The
18 child protection team shall coordinate its effort with the
19 case staffing committee shall coordinate its effort with the
20 child protection team of the Department of Health.
21 Section 5. Paragraph (4) of section 39.4032, Florida
22 Statutes, is amended to read:
23 39.4032 Multidisciplinary case staffing.--
24 (4) The case staffing committee shall coordinate its
25 effort with the child protection team of the Department of
26 Health.
27 Section 6. Paragraph (a) of subsection (3) of section
28 39.408, Florida Statutes, is amended to read:
29 39.408 Hearings for dependency cases.--
30 (3) DISPOSITION HEARING.--At the disposition hearing,
31 if the court finds that the facts alleged in the petition for
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1 dependency were proven in the adjudicatory hearing, or if the
2 parents have consented to the finding of dependency or
3 admitted the allegations in the petition, have failed to
4 appear for the arraignment hearing after proper notice, or
5 have not been located despite a diligent search having been
6 conducted, the court shall receive and consider a
7 predisposition study, which must be in writing and presented
8 by an authorized agent of the department.
9 (a) The predisposition study shall cover for any
10 dependent child all factors specified in s. 61.13(3), and must
11 also provide the court with the following documented
12 information:
13 1. An assessment defining the dangers and risks of
14 returning the child home, including a description of the
15 changes in and resolutions to the initial risks.
16 2. A description of what risks are still present and
17 what resources are available and will be provided for the
18 protection and safety of the child.
19 3. A description of the benefits of returning the
20 child home.
21 4. A description of all unresolved issues.
22 5. An abuse registry history for all caretakers,
23 family members, and individuals residing within the household.
24 6. The complete child protection team report and
25 recommendation of the child protection team of the Department
26 of Health or, if no report exists, a statement reflecting that
27 no report has been made.
28 7. All opinions or recommendations from other
29 professionals or agencies that provide evaluative, social,
30 reunification, or other services to the family.
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1 8. The availability of appropriate prevention and
2 reunification services for the family to prevent the removal
3 of the child from the home or to reunify the child with the
4 family after removal, including the availability of family
5 preservation services through the Family Builders Program, the
6 Intensive Crisis Counseling Program, or both.
7 9. The inappropriateness of other prevention and
8 reunification services that were available.
9 10. The efforts by the department to prevent
10 out-of-home placement of the child or, when applicable, to
11 reunify the family if appropriate services were available,
12 including the application of intensive family preservation
13 services through the Family Builders Program, the Intensive
14 Crisis Counseling Program, or both.
15 11. Whether the services were provided to the family
16 and child.
17 12. If the services were provided, whether they were
18 sufficient to meet the needs of the child and the family and
19 to enable the child to remain at home or to be returned home.
20 13. If the services were not provided, the reasons for
21 such lack of action.
22 14. The need for, or appropriateness of, continuing
23 the services if the child remains in the custody of the family
24 or if the child is placed outside the home.
25 15. Whether family mediation was provided.
26 16. Whether a multidisciplinary case staffing was
27 conducted and, if so, the results.
28 17. If the child has been removed from the home and
29 there is a parent who may be considered for custody pursuant
30 to s. 39.41(1), a recommendation as to whether placement of
31 the child with that parent would be detrimental to the child.
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1 Section 7. Paragraph (i) of subsection (3) of section
2 119.07, Florida Statutes, 1996 Supplement, is amended to read:
3 119.07 Inspection, examination, and duplication of
4 records; exemptions.--
5 (3)
6 (i)1. The home addresses, telephone numbers, social
7 security numbers, and photographs of active or former law
8 enforcement personnel, including correctional and correctional
9 probation officers, personnel of the Department of Children
10 and Family Health and Rehabilitative Services whose duties
11 include the investigation of abuse, neglect, exploitation,
12 fraud, theft, or other criminal activities, personnel of the
13 Department of Health whose duties include child abuse
14 prevention services and services to abused and neglected
15 children, and personnel of the Department of Revenue or local
16 governments whose responsibilities include revenue collection
17 and enforcement or child support enforcement; the home
18 addresses, telephone numbers, social security numbers,
19 photographs, and places of employment of the spouses and
20 children of such personnel; and the names and locations of
21 schools and day care facilities attended by the children of
22 such personnel are exempt from the provisions of subsection
23 (1). The home addresses, telephone numbers, and photographs of
24 firefighters certified in compliance with s. 633.35; the home
25 addresses, telephone numbers, photographs, and places of
26 employment of the spouses and children of such firefighters;
27 and the names and locations of schools and day care facilities
28 attended by the children of such firefighters are exempt from
29 subsection (1). The home addresses and telephone numbers of
30 justices of the Supreme Court, district court of appeal
31 judges, circuit court judges, and county court judges; the
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1 home addresses, telephone numbers, and places of employment of
2 the spouses and children of justices and judges; and the names
3 and locations of schools and day care facilities attended by
4 the children of justices and judges are exempt from the
5 provisions of subsection (1). The home addresses, telephone
6 numbers, social security numbers, and photographs of current
7 or former state attorneys, assistant state attorneys,
8 statewide prosecutors, or assistant statewide prosecutors; the
9 home addresses, telephone numbers, social security numbers,
10 photographs, and places of employment of the spouses and
11 children of current or former state attorneys, assistant state
12 attorneys, statewide prosecutors, or assistant statewide
13 prosecutors; and the names and locations of schools and day
14 care facilities attended by the children of current or former
15 state attorneys, assistant state attorneys, statewide
16 prosecutors, or assistant statewide prosecutors are exempt
17 from subsection (1) and s. 24(a), Art. I of the State
18 Constitution. The home addresses and home telephone numbers of
19 county and municipal code inspectors and code enforcement
20 officers are confidential and exempt from the provisions of
21 subsection (1) and s. 24(a), Art. I of the State Constitution.
22 2. An agency that is the custodian of the personal
23 information specified in subparagraph 1. and that is not the
24 employer of the officer, employee, justice, judge, or other
25 person specified in subparagraph 1. shall maintain the
26 confidentiality of the personal information only if the
27 officer, employee, justice, judge, other person, or employing
28 agency of the designated employee submits a written request
29 for confidentiality to the custodial agency.
30 Section 8. Section 154.067, Florida Statutes, is
31 amended to read:
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1 154.067 Child abuse and neglect cases; duties.--The
2 Department of Health and Rehabilitative Services shall, by
3 March 1, 1985, promulgate a rule requiring every county public
4 health department unit, as described in s. 154.01, to adopt a
5 protocol that, at a minimum, requires the county public health
6 department unit to:
7 (1) Incorporate in its health department unit policy a
8 policy that every staff member has an affirmative duty to
9 report, pursuant to chapter 415, any actual or suspected case
10 of child abuse or neglect; and
11 (2) In any case involving suspected child abuse or
12 neglect, designate, at the request of the department, a staff
13 physician to act as a liaison between the county public health
14 department unit and the Department of Children and Family
15 Services office which is investigating the suspected abuse or
16 neglect, and the child protection team, as defined in s.
17 415.503, when the case is referred to such a team.
18 Section 9. Section 232.50, Florida Statutes, is
19 amended to read:
20 232.50 Child abuse and neglect policy.--Every school
21 board shall by March 1, 1985:
22 (1) Post in a prominent place in each school a notice
23 that, pursuant to chapter 415, all employees or agents of the
24 district school board have an affirmative duty to report all
25 actual or suspected cases of child abuse or neglect, have
26 immunity from liability if they report such cases in good
27 faith, and have a duty to comply with child protective
28 investigations and all other provisions of law relating to
29 child abuse and neglect. The notice shall also include the
30 statewide toll-free telephone number of the state abuse
31 registry.
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1 (2) Provide that the superintendent, or the
2 superintendent's designee, at the request of the Department of
3 Children and Family Health and Rehabilitative Services, will
4 act as a liaison to the Department of Children and Family
5 Health and Rehabilitative Services and the child protection
6 team of the Department of Health, as defined in s. 415.503,
7 when in a case of suspected child abuse or neglect or an
8 unlawful sexual offense involving a child the case is referred
9 to such a team; except that this subsection may in no instance
10 be construed as relieving or restricting the Department of
11 Children and Family Health and Rehabilitative Services from
12 discharging its duty and responsibility under the law to
13 investigate and report every suspected or actual case of child
14 abuse or neglect or unlawful sexual offense involving a child.
15
16 Each district school board shall comply with the provisions of
17 this section, and such board shall notify the Department of
18 Education and the Department of Children and Family Health and
19 Rehabilitative Services of its compliance by March 1, 1985.
20 Section 10. Section 395.1023, Florida Statutes, is
21 amended to read:
22 395.1023 Child abuse and neglect cases; duties.--Each
23 licensed facility shall adopt a protocol that, at a minimum,
24 requires the facility to:
25 (1) Incorporate a facility policy that every staff
26 member has an affirmative duty to report, pursuant to chapter
27 415, any actual or suspected case of child abuse or neglect;
28 and
29 (2) In any case involving suspected child abuse or
30 neglect, designate, at the request of the department, a staff
31 physician to act as a liaison between the hospital and the
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1 Department of Children and Family Services office which is
2 investigating the suspected abuse or neglect, and the child
3 protection team, as defined in s. 415.503, when the case is
4 referred to such a team.
5
6 Each general hospital and appropriate specialty hospital shall
7 comply with the provisions of this section and shall notify
8 the agency and the department of its compliance by sending a
9 copy of its policy to the agency and the department as
10 required by rule. The failure by a general hospital or
11 appropriate specialty hospital to comply shall be punished by
12 a fine not exceeding $1,000, to be fixed, imposed, and
13 collected by the agency. Each day in violation is considered
14 a separate offense.
15 Section 11. Subsections (2) and (3) of section
16 415.501, Florida Statutes, are amended to read:
17 415.501 Prevention of abuse and neglect of children;
18 state plan.--
19 (2) PLAN FOR COMPREHENSIVE APPROACH.--
20 (a) The Department of Health and Rehabilitative
21 Services shall develop a state plan for the prevention of
22 abuse and neglect of children and shall submit the plan to the
23 Speaker of the House of Representatives, the President of the
24 Senate, and the Governor no later than January 1, 1983. The
25 Department of Children and Family Services and the Department
26 of Education shall participate and fully cooperate in the
27 development of the state plan at both the state and local
28 levels. Furthermore, appropriate local agencies and
29 organizations shall be provided an opportunity to participate
30 in the development of the state plan at the local level.
31 Appropriate local groups and organizations shall include, but
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1 not be limited to, community mental health centers; guardian
2 ad litem programs for children under the circuit court; the
3 school boards of the local school districts; the district
4 human rights advocacy committees; private or public
5 organizations or programs with recognized expertise in working
6 with children who are sexually abused, physically abused,
7 emotionally abused, or neglected and with expertise in working
8 with the families of such children; private or public programs
9 or organizations with expertise in maternal and infant health
10 care; multidisciplinary child protection teams; child day care
11 centers; law enforcement agencies, and the circuit courts,
12 when guardian ad litem programs are not available in the local
13 area. The state plan to be provided to the Legislature and
14 the Governor shall include, as a minimum, the information
15 required of the various groups in paragraph (b).
16 (b) The development of the comprehensive state plan
17 shall be accomplished in the following manner:
18 1. The Department of Health and Rehabilitative
19 Services shall establish an interprogram task force comprised
20 of the Deputy Assistant Secretary for Children's Medical
21 Services Health or his designee and representatives from the
22 Division of Family Services of the Department of Health and
23 the Children, Youth, and Families Program Office, the
24 Children's Medical Services Program Office, the Alcohol, Drug
25 Abuse, and Mental Health Program Office, and the Developmental
26 Services Program Office of the Department of Children and
27 Family Services, and the Office of Evaluation. Representatives
28 of the Department of Law Enforcement and of the Department of
29 Education shall serve as ex officio members of the
30 interprogram task force. The interprogram task force shall be
31 responsible for:
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1 a. Developing a plan of action for better coordination
2 and integration of the goals, activities, and funding
3 pertaining to the prevention of child abuse and neglect
4 conducted by the department in order to maximize staff and
5 resources at the state level. The plan of action shall be
6 included in the state plan.
7 b. Providing a basic format to be utilized by the
8 districts in the preparation of local plans of action in order
9 to provide for uniformity in the local district plans and to
10 provide for greater ease in compiling information for the
11 state plan.
12 c. Providing the districts with technical assistance
13 in the development of local plans of action, if requested.
14 d. Examining the local plans to determine if all the
15 requirements of the local plans have been met and, if they
16 have not, noting any informing the districts of the
17 deficiencies and requesting the additional information needed.
18 e. Preparing the state plan for submission to the
19 Legislature and the Governor. Such preparation shall include
20 the collapsing of information obtained from the local plans,
21 the cooperative plans with the Department of Education, and
22 the plan of action for coordination and integration of
23 departmental activities into one comprehensive plan. The
24 comprehensive plan shall include a section reflecting general
25 conditions and needs, an analysis of variations based on
26 population or geographic areas, identified problems, and
27 recommendations for change. In essence, the plan shall
28 provide an analysis and summary of each element of the local
29 plans to provide a statewide perspective. The plan shall also
30 include each separate local plan of action.
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1 f. Working with the specified state agency in
2 fulfilling the requirements of subparagraphs 2., 3., 4., and
3 5.
4 2. The Department of Education and the Department of
5 Health and Rehabilitative Services shall work together in
6 developing ways to inform and instruct parents of school
7 children and appropriate district school personnel in all
8 school districts in the detection of child abuse and neglect
9 and in the proper action that should be taken in a suspected
10 case of child abuse or neglect, and in caring for a child's
11 needs after a report is made. The plan for accomplishing this
12 end shall be included in the state plan.
13 3. The Department of Law Enforcement and the
14 Department of Health and Rehabilitative Services shall work
15 together in developing ways to inform and instruct appropriate
16 local law enforcement personnel in the detection of child
17 abuse and neglect and in the proper action that should be
18 taken in a suspected case of child abuse or neglect.
19 4. Within existing appropriations, the Department of
20 Health and Rehabilitative Services shall work with other
21 appropriate public and private agencies to emphasize efforts
22 to educate the general public about the problem of and ways to
23 detect child abuse and neglect and in the proper action that
24 should be taken in a suspected case of child abuse or neglect.
25 The plan for accomplishing this end shall be included in the
26 state plan.
27 5. The Department of Education and the Department of
28 Health and Rehabilitative Services shall work together on the
29 enhancement or adaptation of curriculum materials to assist
30 instructional personnel in providing instruction through a
31 multidisciplinary approach on the identification,
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1 intervention, and prevention of child abuse and neglect. The
2 curriculum materials shall be geared toward a sequential
3 program of instruction at the four progressional levels, K-3,
4 4-6, 7-9, and 10-12. Strategies for encouraging all school
5 districts to utilize the curriculum are to be included in the
6 comprehensive state plan for the prevention of child abuse and
7 child neglect.
8 6. Each district of The Department of Health and
9 Rehabilitative Services shall develop a plan for each its
10 specific geographical area. The plan developed at the local
11 district level shall be submitted to the interprogram task
12 force for utilization in preparing the state plan. The
13 district local plan of action shall be prepared with the
14 involvement and assistance of the local agencies and
15 organizations listed in paragraph (a) as well as
16 representatives from those departmental district offices
17 participating in the treatment and prevention of child abuse
18 and neglect. In order to accomplish this, the district
19 administrator in each district shall establish a task force on
20 the prevention of child abuse and neglect. The district
21 administrator shall appoint the members of the task force in
22 accordance with the membership requirements of this section.
23 In addition, the district administrator shall ensure that each
24 subdistrict is represented on the task force; and, if the
25 district does not have subdistricts, the district
26 administrator shall ensure that both urban and rural areas are
27 represented on the task force. The task force shall develop a
28 written statement clearly identifying its operating
29 procedures, purpose, overall responsibilities, and method of
30 meeting responsibilities. The local district plan of action
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1 to be prepared by the task force shall include, but shall not
2 be limited to:
3 a. Documentation of the magnitude of the problems of
4 child abuse, including sexual abuse, physical abuse, and
5 emotional abuse, and child neglect in its geographical area.
6 b. A description of programs currently serving abused
7 and neglected children and their families and a description of
8 programs for the prevention of child abuse and neglect,
9 including information on the impact, cost-effectiveness, and
10 sources of funding of such programs.
11 c. A continuum of programs and services necessary for
12 a comprehensive approach to the prevention of all types of
13 child abuse and neglect as well as a brief description of such
14 programs and services.
15 d. A description, documentation, and priority ranking
16 of local needs related to child abuse and neglect prevention
17 based upon the continuum of programs and services.
18 e. A plan for steps to be taken in meeting identified
19 needs, including the coordination and integration of services
20 to avoid unnecessary duplication and cost, and for alternative
21 funding strategies for meeting needs through the reallocation
22 of existing resources, utilization of volunteers, contracting
23 with local universities for services, and local government or
24 private agency funding.
25 f. A description of barriers to the accomplishment of
26 a comprehensive approach to the prevention of child abuse and
27 neglect.
28 g. Recommendations for changes that can be
29 accomplished only at the state program level or by legislative
30 action.
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1 The district local plan of action shall be submitted to the
2 interprogram task force by November 1, 1982.
3 (3) FUNDING AND SUBSEQUENT PLANS.--
4 (a) All budget requests submitted by the Department of
5 Health and Rehabilitative Services, the Department of Children
6 and Family Services, the Department of Education, or any other
7 agency to the Legislature for funding of efforts for the
8 prevention of child abuse and neglect shall be based on the
9 state plan developed pursuant to this section.
10 (b) The Department of Health and Rehabilitative
11 Services at the state and local district levels and the other
12 agencies listed in paragraph (2)(a) shall readdress the plan
13 and make necessary revisions every 5 years, at a minimum. Such
14 revisions shall be submitted to the Speaker of the House of
15 Representatives and the President of the Senate no later than
16 June 30 of each year divisible by 5. An annual progress
17 report shall be submitted to update the plan in the years
18 between the 5-year intervals. In order to avoid duplication
19 of effort, these required plans may be made a part of or
20 merged with other plans required by either the state or
21 Federal Government, so long as the portions of the other state
22 or Federal Government plan that constitute the state plan for
23 the prevention of child abuse and neglect are clearly
24 identified as such and are provided to the Speaker of the
25 House of Representatives and the President of the Senate as
26 required above.
27 Section 12. Paragraphs (c) and (e) of subsection (2)
28 of section 415.50171, Florida Statutes, are amended to read:
29 415.50171 Family services response system; reports of
30 child-on-child sexual abuse.--
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1 (2) District staff, at a minimum, shall adhere to the
2 following procedures:
3 (c) The assessment of risk and the perceived treatment
4 needs of the alleged juvenile sexual offender, the victim, and
5 respective caregivers shall be conducted by the district
6 staff, the child protection team of the Department of Health,
7 and other providers under contract with the department to
8 provide services to the caregiver of the alleged offender, the
9 alleged offender's caregiver, the victim, and the victim's
10 caregiver.
11 (e) When necessary, the child protection team of the
12 Department of Health shall conduct an evidence-gathering
13 physical examination of the victim.
14 Section 13. Section 415.50175, Florida Statutes, 1996
15 Supplement, is amended to read:
16 415.50175 Confidentiality of records.--
17 (1) The department and Department of Health shall make
18 and keep records of all cases brought before them it pursuant
19 to this part and shall preserve the records pertaining to a
20 child and family until 7 years after the last entry was made
21 or until the child is 18 years of age, whichever date is first
22 reached, and may then destroy the records.
23 (2) Department and Department of Health records
24 required by this part are confidential and are exempt from the
25 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
26 Constitution and, notwithstanding the provisions of s. 415.51,
27 may be inspected only upon order of the court or as provided
28 for in this section. Confidential records and information
29 provided pursuant to the provisions of this section shall
30 remain confidential and exempt from the provisions of s.
31 119.07(1) and s. 24(a), Art. I of the State Constitution.
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1 (3) Access to records required by this part, excluding
2 the name of the reporter, which shall be released only as
3 provided in s. 415.51(4)(9), may be provided to the child, the
4 parent, and their attorney, law enforcement agencies, and,
5 with the consent of the parent, the agency or individual
6 providing services to the child or family.
7 (4) The department and Department of Health shall
8 provide for access to and use of records required by this part
9 for research or statistical purposes. All requests for such
10 records or information shall require the requesting individual
11 or entity to enter into a privacy and security agreement which
12 provides that the requesting individual or entity shall comply
13 with all laws and rules governing the use of such records and
14 information for research and statistical purposes.
15 Section 14. Subsection (3) of section 415.5018,
16 Florida Statutes, 1996 Supplement, is amended to read:
17 415.5018 District authority and responsibilities.--
18 (3) CHILD PROTECTIVE INVESTIGATION; COUNTY SHERIFF'S
19 OFFICE OR LOCAL POLICE DEPARTMENT OPTION.--Within existing
20 resources, a district, with the approval of the district
21 health and human services board, and the secretary of the
22 department, after consultation with the Division of Children's
23 Medical Services of the Department of Health, shall enter into
24 an agreement with a county sheriff's office or local police
25 department that is jurisdictionally responsible to allow such
26 law enforcement entity to assume a lead in conducting any
27 potential criminal investigations as well as partial or full
28 responsibility for conducting certain components of protective
29 investigations under ss. 415.502-415.514 that are related to
30 cases involving a criminal investigation. The written
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1 agreement must specify how the requirements of ss.
2 415.502-415.514 will be met.
3 (a) The agreement between the district and the county
4 sheriff's office or local police department must include the
5 following assurances and information:
6 1. Assurance that the county sheriff's office or local
7 police department will be in compliance with the procedural
8 requirements of ss. 415.502-415.514.
9 2. Description of a protocol between the district and
10 the county sheriff's office or local police department that at
11 a minimum addresses the following:
12 a. Response to reports of abuse and neglect.
13 b. Investigations.
14 c. Assessment of risk.
15 d. Evidence gathering.
16 e. Classification of reports.
17 f. Appeals of classifications.
18 g. Communication and involvement with the state
19 attorney.
20 h. Confidentiality of reports and access to
21 information.
22 i. Utilization of the child protection team of the
23 Department of Health.
24 j. Storage and maintenance of records and other
25 information.
26 3. Description of the transition of responsibility
27 that assures the integrity and continuity of protective
28 investigations.
29 4. Description of any necessary changes to department
30 rules.
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1 (b) County sheriff's office or local police department
2 personnel assuming responsibility for conducting certain
3 components of protective investigations shall receive training
4 from the department relevant to child protective
5 investigations and services.
6 (c) The secretary of the department shall dispose of a
7 proposed agreement by approving or disapproving the agreement
8 between a district and the county sheriff's office or local
9 police department within 60 days after receipt. The secretary
10 may negotiate modifications within this 60-day period.
11 Section 15. Section 415.502, Florida Statutes, is
12 amended to read:
13 415.502 Comprehensive protective services for abused
14 or neglected children; legislative intent.--The intent of ss.
15 415.502-415.514 is to provide for comprehensive protective
16 services for abused or neglected children found in the state
17 by requiring that reports of each abused or neglected child be
18 made to the Department of Children and Family Health and
19 Rehabilitative Services in an effort to prevent further harm
20 to the child or any other children living in the home and to
21 preserve the family life of the parents and children, to the
22 maximum extent possible, by enhancing the parental capacity
23 for adequate child care. Each child should have a social
24 security number.
25 Section 16. Subsections (5) and (6) of section
26 415.503, Florida Statutes, 1996 Supplement, are amended to
27 read:
28 415.503 Definitions of terms used in ss.
29 415.502-415.514.--As used in ss. 415.502-415.514:
30 (5) "Child protection team" means a team of
31 professionals established by the Department of Health to
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1 receive referrals from the protective investigators and
2 protective supervision staff of the children, youth, and
3 families program and to provide specialized and supportive
4 services to the program in processing child abuse and neglect
5 cases. A child protection team shall provide consultation to
6 other programs of the department and other persons on child
7 abuse and neglect cases pursuant to s. 415.5055(1)(g).
8 (6) "Department" means the Department of Children and
9 Family Health and Rehabilitative Services.
10 Section 17. Section 415.5055, Florida Statutes, 1996
11 Supplement, is amended to read:
12 415.5055 Child protection teams; services; eligible
13 cases.--The Division of Children's Medical Services of the
14 Department of Health shall develop, maintain, and coordinate
15 the services of one or more multidisciplinary child protection
16 teams in each of the service districts of the Department of
17 Children and Family Services. Such teams may be composed of
18 representatives of appropriate health, mental health, social
19 service, legal service, and law enforcement agencies.
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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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 his parent or parents,
15 guardian or guardians, or other caregivers, or any other
16 individual involved in a child abuse or neglect case, as the
17 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 (f) Expert medical, psychological, and related
26 professional testimony in court cases.
27 (g) Case staffings to develop, implement, and monitor
28 treatment plans for children whose cases have been referred to
29 the team. A child protection team may provide consultation
30 with respect to a child who has not been referred to the team,
31 but who is alleged or is shown to be abused, which
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1 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 his parent or parents, guardian or guardians, or other
5 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 (h) Case service coordination and assistance,
10 including the location of services available from other public
11 and private agencies in the community.
12 (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 (j) Educational and community awareness campaigns on
19 child abuse and neglect in an effort to enable citizens more
20 successfully to prevent, identify, and treat child abuse and
21 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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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 455.241, and shall not be disclosed, except,
20 upon request, to the state attorney, law enforcement, the
21 Department of Children and Family Services, the Department of
22 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 18. Subsection (4) of section 415.507, Florida
2 Statutes, is amended to read:
3 415.507 Photographs, medical examinations, X rays, and
4 medical treatment of abused or neglected child.--
5 (4) The county in which the child is a resident shall
6 bear the initial costs of the examination of the allegedly
7 abused child; however, the parents, legal guardian, or legal
8 custodian of the child shall be required to reimburse the
9 county for the costs of such examination, other than an
10 initial forensic physical examination as provided in s.
11 960.28, and to reimburse the department of Health and
12 Rehabilitative Services for the cost of the photographs taken
13 pursuant to this section. A medical provider may not bill a
14 child victim, directly or indirectly, for the cost of an
15 initial forensic physical examination.
16 Section 19. Subsection (2) of section 415.5095,
17 Florida Statutes, is amended to read:
18 415.5095 Intervention and treatment in sexual abuse
19 cases; model plan.--
20 (2) The Department of Health and Rehabilitative
21 Services shall develop a model plan for community intervention
22 and treatment of intrafamily sexual abuse in conjunction with
23 the Department of Children and Family Services, the Department
24 of Law Enforcement, the Department of Education, the Attorney
25 General, the state Guardian Ad Litem Program, the Department
26 of Corrections, representatives of the judiciary, and
27 professionals and advocates from the mental health and child
28 welfare community.
29 Section 20. Subsection (5) of section 415.51, Florida
30 Statutes, 1996 Supplement, is amended to read:
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1 415.51 Confidentiality of reports and records in cases
2 of child abuse or neglect.--
3 (5) All records and reports of the child protection
4 team of the Department of Health are confidential and exempt
5 from the provisions of ss. 119.07(1) and 455.241, and shall
6 not be disclosed, except, upon request, to the state attorney,
7 law enforcement, the department, and necessary professionals,
8 in furtherance of the treatment or additional evaluative needs
9 of the child or by order of the court.
10 Section 21. Section 415.514, Florida Statutes, is
11 amended to read:
12 415.514 Rules for implementation of ss.
13 415.502-415.514.--The department and the Department of Health
14 shall promulgate rules in furtherance of the purpose of ss.
15 415.502-415.514 and may amend such rules as may be necessary.
16 Section 22. Section 415.5075, Florida Statutes, is
17 hereby repealed.
18 Section 23. This act shall take effect October 1,
19 1997.
20
21 *****************************************
22 HOUSE SUMMARY
23
Transfers from the Department of Children and Family
24 Services to the Department of Health all responsibilities
relating to those child abuse prevention services and
25 services to abused and neglected children provided
through the child protection teams and sexual abuse
26 treatment programs created under part IV of chapter 415,
F.S. Authorizes the Department of Health to organize
27 transferred positions to ensure efficiency and
accountability. Provides qualifications and requirements
28 of the Director for Children's Medical Services, who
shall be the Deputy Secretary and Deputy State Health
29 Officer for Children. Revises, clarifies, and conforms
the respective functions and responsibilities of the two
30 departments and the Division of Children's Medical
Services of the Department of Health pursuant to said
31 transfer.
28