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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, 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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, 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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: 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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: 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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, 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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.-- 31 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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, 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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. 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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: 31 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1929 169-402-97 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