House Bill 1929c1
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Florida House of Representatives - 1998 CS/HB 1929
By the Committees on Governmental Operations, Health Care
Services and Representatives Albright and Lippman
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.
31 415.50171, 415.5018, 415.503, 415.5055, and
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1 415.5095, F.S.; clarifying respective
2 responsibilities of the Department of Health
3 and the Department of Children and Family
4 Services, relating to child abuse and neglect
5 cases, policy, and procedures, to child
6 protection teams, and to child sexual abuse
7 cases, pursuant to the transfer of
8 responsibilities under the act; providing
9 duties of the Division of Children's Medical
10 Services; amending s. 415.501, F.S.; revising
11 participants in the state plan for prevention
12 of child abuse and neglect; repealing s.
13 415.5075, F.S., relating to rulemaking;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (b) of subsection (4) of section
19 20.19, Florida Statutes, is amended to read:
20 20.19 Department of Children and Family
21 Services.--There is created a Department of Children and
22 Family Services.
23 (4) PROGRAM OFFICES.--
24 (b) The following program offices are established and
25 may be consolidated, restructured, or rearranged by the
26 secretary; provided any such consolidation, restructuring, or
27 rearranging is for the purpose of encouraging service
28 integration through more effective and efficient performance
29 of the program offices or parts thereof:
30 1. Economic Self-Sufficiency Program Office.--The
31 responsibilities of this office encompass income support
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1 programs within the department, such as temporary assistance
2 to families with dependent children, food stamps, welfare
3 reform, and state supplementation of the supplemental security
4 income (SSI) program.
5 2. Developmental Services Program Office.--The
6 responsibilities of this office encompass programs operated by
7 the department for developmentally disabled persons.
8 Developmental disabilities include any disability defined in
9 s. 393.063.
10 3. Children and Families Program Office.--The
11 responsibilities of this program office encompass early
12 intervention services for children and families at risk;
13 intake services for protective investigation of abandoned,
14 abused, and neglected children; interstate compact on the
15 placement of children programs; adoption; child care;
16 out-of-home care programs and other specialized services to
17 families; and child protection and sexual abuse treatment
18 teams created under chapter 415, excluding medical direction
19 functions.
20 4. Alcohol, Drug Abuse, and Mental Health Program
21 Office.--The responsibilities of this office encompass all
22 alcohol, drug abuse, and mental health programs operated by
23 the department.
24 Section 2. All powers, duties, functions, records,
25 personnel, property, and unexpended balances of
26 appropriations, allocations, and other funds of the Department
27 of Children and Family Services relating to the child abuse
28 prevention program created under s. 415.501, Florida Statutes,
29 and services to abused and neglected children provided through
30 the child protection teams and sexual abuse treatment program
31 created under part IV of chapter 415, Florida Statutes, are
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1 transferred to the Department of Health by a type two transfer
2 as defined in s. 20.06, Florida Statutes. The Department of
3 Health may organize, classify, and manage the positions
4 transferred in a manner that will reduce duplication, achieve
5 maximum efficiency, and ensure accountability.
6 Section 3. Paragraph (h) of subsection (1) and
7 paragraph (e) of subsection (3) of section 20.43, Florida
8 Statutes, are amended to read:
9 20.43 Department of Health.--There is created a
10 Department of Health.
11 (1) The purpose of the Department of Health is to
12 promote and protect the health of all residents and visitors
13 in the state through organized state and community efforts,
14 including cooperative agreements with counties. The
15 department shall:
16 (h) Provide child abuse prevention services and
17 services to abused and neglected children through child
18 protection teams and sexual abuse treatment programs. Provide
19 medical direction for child protection team and sexual abuse
20 treatment functions created under chapter 415.
21 (3) The following divisions of the Department of
22 Health are established:
23 (e) Division of Children's Medical Services. The
24 Director for Children's Medical Services must be a physician
25 licensed under chapter 458 or chapter 459 who has specialized
26 training and experience in the provision of medical care to
27 children and who has recognized skills in leadership and the
28 promotion of children's health programs. The Director for
29 Children's Medical Services shall be the Deputy Secretary and
30 Deputy State Health Officer for Children's Medical Services
31 and is appointed by and reports to the secretary.
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1 Section 4. Paragraph (j) of subsection (4) of section
2 39.4031, Florida Statutes, is amended to read:
3 39.4031 Case plan requirements.--
4 (4) When the child is receiving services in a
5 placement outside the child's home or in foster care, the case
6 plan must be prepared within 30 days after placement and also
7 be approved by the court and must include, in addition to the
8 requirements in subsections (2) and (3), at a minimum:
9 (j) A written notice to the parent that failure of the
10 parent to substantially comply with the case plan may result
11 in the termination of parental rights, and that a material
12 failure to substantially comply may result in the filing of a
13 petition for termination of parental rights sooner than the
14 compliance periods set forth in the case plan itself. The
15 child protection team shall coordinate its effort with the
16 case staffing committee shall coordinate its efforts with the
17 child protection team of the Department of Health.
18 Section 5. Paragraph (4) of section 39.4032, Florida
19 Statutes, is amended to read:
20 39.4032 Multidisciplinary case staffing.--
21 (4) The case staffing committee shall coordinate its
22 effort with the child protection team of the Department of
23 Health.
24 Section 6. Paragraph (a) of subsection (3) of section
25 39.408, Florida Statutes, is amended to read:
26 39.408 Hearings for dependency cases.--
27 (3) DISPOSITION HEARING.--At the disposition hearing,
28 if the court finds that the facts alleged in the petition for
29 dependency were proven in the adjudicatory hearing, or if the
30 parents have consented to the finding of dependency or
31 admitted the allegations in the petition, have failed to
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1 appear for the arraignment hearing after proper notice, or
2 have not been located despite a diligent search having been
3 conducted, the court shall receive and consider a
4 predisposition study, which must be in writing and presented
5 by an authorized agent of the department.
6 (a) The predisposition study shall cover for any
7 dependent child all factors specified in s. 61.13(3), and must
8 also provide the court with the following documented
9 information:
10 1. An assessment defining the dangers and risks of
11 returning the child home, including a description of the
12 changes in and resolutions to the initial risks.
13 2. A description of what risks are still present and
14 what resources are available and will be provided for the
15 protection and safety of the child.
16 3. A description of the benefits of returning the
17 child home.
18 4. A description of all unresolved issues.
19 5. An abuse registry history for all caretakers,
20 family members, and individuals residing within the household.
21 6. The complete child protection team report and
22 recommendation of the child protection team of the Department
23 of Health or, if no report exists, a statement reflecting that
24 no report has been made.
25 7. All opinions or recommendations from other
26 professionals or agencies that provide evaluative, social,
27 reunification, or other services to the family.
28 8. The availability of appropriate prevention and
29 reunification services for the family to prevent the removal
30 of the child from the home or to reunify the child with the
31 family after removal, including the availability of family
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1 preservation services through the Family Builders Program, the
2 Intensive Crisis Counseling Program, or both.
3 9. The inappropriateness of other prevention and
4 reunification services that were available.
5 10. The efforts by the department to prevent
6 out-of-home placement of the child or, when applicable, to
7 reunify the family if appropriate services were available,
8 including the application of intensive family preservation
9 services through the Family Builders Program, the Intensive
10 Crisis Counseling Program, or both.
11 11. Whether the services were provided to the family
12 and child.
13 12. If the services were provided, whether they were
14 sufficient to meet the needs of the child and the family and
15 to enable the child to remain at home or to be returned home.
16 13. If the services were not provided, the reasons for
17 such lack of action.
18 14. The need for, or appropriateness of, continuing
19 the services if the child remains in the custody of the family
20 or if the child is placed outside the home.
21 15. Whether family mediation was provided.
22 16. Whether a multidisciplinary case staffing was
23 conducted and, if so, the results.
24 17. If the child has been removed from the home and
25 there is a parent who may be considered for custody pursuant
26 to s. 39.41(1), a recommendation as to whether placement of
27 the child with that parent would be detrimental to the child.
28 Section 7. Paragraph (i) of subsection (3) of section
29 119.07, Florida Statutes, is amended to read:
30 119.07 Inspection, examination, and duplication of
31 records; exemptions.--
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1 (3)
2 (i)1. The home addresses, telephone numbers, social
3 security numbers, and photographs of active or former law
4 enforcement personnel, including correctional and correctional
5 probation officers, personnel of the Department of Children
6 and Family Health and Rehabilitative Services whose duties
7 include the investigation of abuse, neglect, exploitation,
8 fraud, theft, or other criminal activities, personnel of the
9 Department of Health whose duties include the investigation of
10 child abuse or neglect, and personnel of the Department of
11 Revenue or local governments whose responsibilities include
12 revenue collection and enforcement or child support
13 enforcement; the home addresses, telephone numbers, social
14 security numbers, photographs, and places of employment of the
15 spouses and children of such personnel; and the names and
16 locations of schools and day care facilities attended by the
17 children of such personnel are exempt from the provisions of
18 subsection (1). The home addresses, telephone numbers, and
19 photographs of firefighters certified in compliance with s.
20 633.35; the home addresses, telephone numbers, photographs,
21 and places of employment of the spouses and children of such
22 firefighters; and the names and locations of schools and day
23 care facilities attended by the children of such firefighters
24 are exempt from subsection (1). The home addresses and
25 telephone numbers of justices of the Supreme Court, district
26 court of appeal judges, circuit court judges, and county court
27 judges; the home addresses, telephone numbers, and places of
28 employment of the spouses and children of justices and judges;
29 and the names and locations of schools and day care facilities
30 attended by the children of justices and judges are exempt
31 from the provisions of subsection (1). The home addresses,
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1 telephone numbers, social security numbers, and photographs of
2 current or former state attorneys, assistant state attorneys,
3 statewide prosecutors, or assistant statewide prosecutors; the
4 home addresses, telephone numbers, social security numbers,
5 photographs, and places of employment of the spouses and
6 children of current or former state attorneys, assistant state
7 attorneys, statewide prosecutors, or assistant statewide
8 prosecutors; and the names and locations of schools and day
9 care facilities attended by the children of current or former
10 state attorneys, assistant state attorneys, statewide
11 prosecutors, or assistant statewide prosecutors are exempt
12 from subsection (1) and s. 24(a), Art. I of the State
13 Constitution. The home addresses and home telephone numbers of
14 county and municipal code inspectors and code enforcement
15 officers are confidential and exempt from the provisions of
16 subsection (1) and s. 24(a), Art. I of the State Constitution.
17 2. An agency that is the custodian of the personal
18 information specified in subparagraph 1. and that is not the
19 employer of the officer, employee, justice, judge, or other
20 person specified in subparagraph 1. shall maintain the
21 confidentiality of the personal information only if the
22 officer, employee, justice, judge, other person, or employing
23 agency of the designated employee submits a written request
24 for confidentiality to the custodial agency.
25 Section 8. Subsection (3) of section 415.501, Florida
26 Statutes, is amended to read:
27 415.501 Prevention of abuse and neglect of children;
28 state plan.--
29 (3) FUNDING AND SUBSEQUENT PLANS.--
30 (a) All budget requests submitted by the Department of
31 Health, the Department of Children and Family Services, the
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1 Department of Education, or any other agency to the
2 Legislature for funding of efforts for the prevention of child
3 abuse and neglect shall be based on the state plan developed
4 pursuant to this section.
5 (b) The Department of Health Children and Family
6 Services at the state and local district levels and the other
7 agencies listed in paragraph (2)(a) shall readdress the plan
8 and make necessary revisions every 5 years, at a minimum. Such
9 revisions shall be submitted to the Speaker of the House of
10 Representatives and the President of the Senate no later than
11 June 30 of each year divisible by 5. An annual progress
12 report shall be submitted to update the plan in the years
13 between the 5-year intervals. In order to avoid duplication
14 of effort, these required plans may be made a part of or
15 merged with other plans required by either the state or
16 Federal Government, so long as the portions of the other state
17 or Federal Government plan that constitute the state plan for
18 the prevention of child abuse and neglect are clearly
19 identified as such and are provided to the Speaker of the
20 House of Representatives and the President of the Senate as
21 required above.
22 Section 9. Paragraphs (c) and (e) of subsection (2) of
23 section 415.50171, Florida Statutes, are amended to read:
24 415.50171 Family services response system; reports of
25 child-on-child sexual abuse.--
26 (2) District staff, at a minimum, shall adhere to the
27 following procedures:
28 (c) The assessment of risk and the perceived treatment
29 needs of the alleged juvenile sexual offender, the victim, and
30 respective caregivers shall be conducted by the district
31 staff, the child protection team of the Department of Health,
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1 and other providers under contract with the department to
2 provide services to the caregiver of the alleged offender, the
3 victim, and the victim's caregiver.
4 (e) When necessary, the child protection team of the
5 Department of Health shall conduct an evidence-gathering
6 physical examination of the victim.
7 Section 10. Section 415.50175, Florida Statutes, is
8 amended to read:
9 415.50175 Confidentiality of records.--
10 (1) The department and the Department of Health shall
11 make and keep records of all cases brought before them it
12 pursuant to this part and shall preserve the records
13 pertaining to a child and family until 7 years after the last
14 entry was made or until the child is 18 years of age,
15 whichever date is first reached, and may then destroy the
16 records.
17 (2) Department and Department of Health records
18 required by this part are confidential and are exempt from the
19 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution and, notwithstanding the provisions of s. 415.51,
21 may be inspected only upon order of the court or as provided
22 for in this section. Confidential records and information
23 provided pursuant to the provisions of this section shall
24 remain confidential and exempt from the provisions of s.
25 119.07(1) and s. 24(a), Art. I of the State Constitution.
26 (3) Access to records required by this part, excluding
27 the name of the reporter, which shall be released only as
28 provided in s. 415.51(4)(9), may be provided to the child, the
29 parent, and their attorney, law enforcement agencies, and,
30 with the consent of the parent, the agency or individual
31 providing services to the child or family.
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1 (4) The department and the Department of Health shall
2 provide for access to and use of records required by this part
3 for research or statistical purposes. All requests for such
4 records or information shall require the requesting individual
5 or entity to enter into a privacy and security agreement which
6 provides that the requesting individual or entity shall comply
7 with all laws and rules governing the use of such records and
8 information for research and statistical purposes.
9 Section 11. Subsection (3) of section 415.5018,
10 Florida Statutes, is amended to read:
11 415.5018 District authority and responsibilities.--
12 (3) CHILD PROTECTIVE INVESTIGATION; COUNTY SHERIFF'S
13 OFFICE OR LOCAL POLICE DEPARTMENT OPTION.--Within existing
14 resources, a district, with the approval of the district
15 health and human services board, and the secretary of the
16 department, after consultation with the Division of Children's
17 Medical Services of the Department of Health, shall enter into
18 an agreement with a county sheriff's office or local police
19 department that is jurisdictionally responsible to allow such
20 law enforcement entity to assume a lead in conducting any
21 potential criminal investigations as well as partial or full
22 responsibility for conducting certain components of protective
23 investigations under ss. 415.502-415.514 that are related to
24 cases involving a criminal investigation. The written
25 agreement must specify how the requirements of ss.
26 415.502-415.514 will be met. For the purposes of such
27 agreement, the jurisdictionally responsible law enforcement
28 entity is authorized to share Florida criminal history
29 information that is not otherwise exempt from s. 119.07(1)
30 with the local and district personnel directly responsible for
31 child protective investigation and emergency child placement.
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1 The agencies entering into such agreement must comply with s.
2 943.0525 to the extent applicable. Criminal justice
3 information provided by such law enforcement entity shall be
4 used only for the purposes specified in the agreement and
5 shall be provided at no charge.
6 (a) The agreement between the district and the county
7 sheriff's office or local police department must include the
8 following assurances and information:
9 1. Assurance that the county sheriff's office or local
10 police department will be in compliance with the procedural
11 requirements of ss. 415.502-415.514.
12 2. Description of a protocol between the district and
13 the county sheriff's office or local police department that at
14 a minimum addresses the following:
15 a. Response to reports of abuse and neglect.
16 b. Investigations.
17 c. Assessment of risk.
18 d. Evidence gathering.
19 e. Classification of reports.
20 f. Appeals of classifications.
21 g. Communication and involvement with the state
22 attorney.
23 h. Confidentiality of reports and access to
24 information.
25 i. Utilization of the child protection team of the
26 Department of Health.
27 j. Storage and maintenance of records and other
28 information.
29 3. Description of the transition of responsibility
30 that assures the integrity and continuity of protective
31 investigations.
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1 4. Description of any necessary changes to department
2 rules.
3 (b) County sheriff's office or local police department
4 personnel assuming responsibility for conducting certain
5 components of protective investigations shall receive training
6 from the department relevant to child protective
7 investigations and services.
8 (c) The secretary of the department shall dispose of a
9 proposed agreement by approving or disapproving the agreement
10 between a district and the county sheriff's office or local
11 police department within 60 days after receipt. The secretary
12 may negotiate modifications within this 60-day period.
13 Section 12. Subsection (5) of section 415.503, Florida
14 Statutes, is amended to read:
15 415.503 Definitions of terms used in ss.
16 415.502-415.514.--As used in ss. 415.502-415.514:
17 (5) "Child protection team" means a team of
18 professionals established by the Department of Health to
19 receive referrals from the protective investigators and
20 protective supervision staff of the children, youth, and
21 families program and to provide specialized and supportive
22 services to the program in processing child abuse and neglect
23 cases. A child protection team shall provide consultation to
24 other programs of the department and other persons on child
25 abuse and neglect cases pursuant to s. 415.5055(1)(g).
26 Section 13. Section 415.5055, Florida Statutes, is
27 amended to read:
28 415.5055 Child protection teams; services; eligible
29 cases.--The Division of Children's Medical Services of the
30 Department of Health shall develop, maintain, and coordinate
31 the services of one or more multidisciplinary child protection
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1 teams in each of the service districts of the Department of
2 Children and Family Services. Such teams may be composed of
3 representatives of appropriate health, mental health, social
4 service, legal service, and law enforcement agencies. The
5 Legislature finds that optimal coordination of child
6 protection teams and sexual abuse treatment programs requires
7 collaboration between the Department of Health and the
8 Department of Children and Family Services. The two
9 departments shall maintain an interagency agreement that
10 establishes protocols for oversight and operations of child
11 protection teams and sexual abuse treatment programs. The
12 Secretary of Health, and the Director of the Division of
13 Children's Medical Services, and the Director of the Division
14 of Family Health Services, in consultation with the Secretary
15 of Children and Family Services, shall maintain the
16 responsibility for the screening, employment, and, if
17 necessary, the termination of child protection team medical
18 directors, at headquarters and in the 15 districts. Child
19 protection team medical directors shall be responsible for
20 oversight of the teams in the districts.
21 (1) The Department of Health shall utilize and convene
22 the teams to supplement the assessment and protective
23 supervision activities of the children, youth, and families
24 program of the Department of Children and Family Services.
25 Nothing in this section shall be construed to remove or reduce
26 the duty and responsibility of any person to report pursuant
27 to s. 415.504 all suspected or actual cases of child abuse or
28 neglect or sexual abuse of a child. The role of the teams
29 shall be to support activities of the program and to provide
30 services deemed by the teams to be necessary and appropriate
31 to abused and neglected children upon referral. The
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1 specialized diagnostic assessment, evaluation, coordination,
2 consultation, and other supportive services that a child
3 protection team shall be capable of providing include, but are
4 not limited to, the following:
5 (a) Medical diagnosis and evaluation services,
6 including provision or interpretation of X rays and laboratory
7 tests, and related services, as needed, and documentation of
8 findings relative thereto.
9 (b) Telephone consultation services in emergencies and
10 in other situations.
11 (c) Medical evaluation related to abuse or neglect, as
12 defined by department policy or rule of the Department of
13 Health.
14 (d) Such psychological and psychiatric diagnosis and
15 evaluation services for the child or the child's parent or
16 parents, guardian or guardians, or other caregivers, or any
17 other individual involved in a child abuse or neglect case, as
18 the team may determine to be needed.
19 (e) Short-term psychological treatment. It is the
20 intent of the Legislature that short-term psychological
21 treatment be limited to no more than 6 months' duration after
22 treatment is initiated, except that the appropriate district
23 administrator may authorize such treatment for individual
24 children beyond this limitation if the administrator deems it
25 appropriate.
26 (f) Expert medical, psychological, and related
27 professional testimony in court cases.
28 (g) Case staffings to develop, implement, and monitor
29 treatment plans for children whose cases have been referred to
30 the team. A child protection team may provide consultation
31 with respect to a child who has not been referred to the team,
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1 but who is alleged or is shown to be abused, which
2 consultation shall be provided at the request of a
3 representative of the children, youth, and families program or
4 at the request of any other professional involved with a child
5 or the child's parent or parents, guardian or guardians, or
6 other caregivers. In every such child protection team case
7 staffing, consultation, or staff activity involving a child, a
8 children, youth, and families program representative shall
9 attend and participate.
10 (h) Case service coordination and assistance,
11 including the location of services available from other public
12 and private agencies in the community.
13 (i) Such training services for program and other
14 department employees of the Department of Children and Family
15 Services, and employees of the Department of Health, as is
16 deemed appropriate to enable them to develop and maintain
17 their professional skills and abilities in handling child
18 abuse and neglect cases.
19 (j) Educational and community awareness campaigns on
20 child abuse and neglect in an effort to enable citizens more
21 successfully to prevent, identify, and treat child abuse and
22 neglect in the community.
23 (2) The child abuse and neglect cases that are
24 appropriate for referral by the children, youth, and families
25 program to child protection teams of the Department of Health
26 for support services as set forth in subsection (1) include,
27 but are not limited to, cases involving:
28 (a) Bruises, burns, or fractures in a child under the
29 age of 3 years or in a nonambulatory child of any age.
30 (b) Unexplained or implausibly explained bruises,
31 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 455.667 455.241, and shall not be disclosed,
20 except, upon request, to the state attorney, law enforcement,
21 the Department of Children and Family Services, the Department
22 of Health, and necessary professionals, in furtherance of the
23 treatment or additional evaluative needs of the child or by
24 order of the court.
25
26 In all instances in which a child protection team is providing
27 certain services to abused or neglected children, other
28 offices and units of the Department of Health, and offices and
29 units of the Department of Children and Family Services, shall
30 avoid duplicating the provision of those services.
31
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1 Section 14. Subsection (2) of section 415.5095,
2 Florida Statutes, is amended to read:
3 415.5095 Intervention and treatment in sexual abuse
4 cases; model plan.--
5 (2) The Department of Health Children and Family
6 Services shall develop a model plan for community intervention
7 and treatment of intrafamily sexual abuse in conjunction with
8 the Department of Children and Family Services, the Department
9 of Law Enforcement, the Department of Education, the Attorney
10 General, the state Guardian Ad Litem Program, the Department
11 of Corrections, representatives of the judiciary, and
12 professionals and advocates from the mental health and child
13 welfare community.
14 Section 15. Subsection (5) of section 415.51, Florida
15 Statutes, is amended to read:
16 415.51 Confidentiality of reports and records in cases
17 of child abuse or neglect.--
18 (5) All records and reports of the child protection
19 team of the Department of Health are confidential and exempt
20 from the provisions of ss. 119.07(1) and 455.667 455.241, and
21 shall not be disclosed, except, upon request, to the state
22 attorney, law enforcement, the department, and necessary
23 professionals, in furtherance of the treatment or additional
24 evaluative needs of the child or by order of the court.
25 Section 16. Section 415.5075, Florida Statutes, is
26 hereby repealed.
27 Section 17. This act shall take effect October 1 of
28 the year in which enacted.
29
30
31
19