House Bill 1929e1

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                                       CS/HB 1929, First Engrossed



  1                      A bill to be entitled

  2         An act relating to protection of children;

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

  4         child protection and sexual abuse treatment

  5         teams from responsibilities of the Children and

  6         Families Program Office of the Department of

  7         Children and Family Services; transferring all

  8         powers and duties relating to the child

  9         protection teams, and the sexual abuse

10         treatment program to the Department of Health;

11         providing the Department of Health with certain

12         authority with respect to transferred

13         positions; amending s. 20.43, F.S.; providing

14         responsibility of the Department of Health to

15         provide services to abused and neglected

16         children through the teams and program;

17         providing qualifications and requirements for

18         the Director of Children's Medical Services of

19         the Department of Health; amending ss. 39.4031,

20         39.4032, and 39.408, F.S., relating to children

21         and family case plan requirements and case

22         staffing, and hearings for dependency cases;

23         providing for coordination with the child

24         protection teams of the Department of Health;

25         amending ss. 119.07, 415.50175, and 415.51,

26         F.S.; providing confidentiality under existing

27         public records exemptions for records of child

28         protection teams and personnel thereof;

29         amending ss. 415.50171, 415.5018, 415.503,

30         415.5055, and 415.5095, F.S.; clarifying

31         respective responsibilities of the Department


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                                       CS/HB 1929, First Engrossed



  1         of Health and the Department of Children and

  2         Family Services, relating to child abuse and

  3         neglect cases, policy, and procedures, to child

  4         protection teams, and to child sexual abuse

  5         cases, pursuant to the transfer of

  6         responsibilities under the act; providing

  7         duties of the Division of Children's Medical

  8         Services; amending s. 415.501, F.S.; revising

  9         participants in the state plan for prevention

10         of child abuse and neglect; repealing s.

11         415.5075, F.S., relating to rulemaking;

12         requiring a memorandum of agreement between the

13         Department of Children and Family Services and

14         the Department of Health; providing an

15         effective date.

16

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

18

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

20  20.19, Florida Statutes, is amended to read:

21         20.19  Department of Children and Family

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

23  Family Services.

24         (4)  PROGRAM OFFICES.--

25         (b)  The following program offices are established and

26  may be consolidated, restructured, or rearranged by the

27  secretary; provided any such consolidation, restructuring, or

28  rearranging is for the purpose of encouraging service

29  integration through more effective and efficient performance

30  of the program offices or parts thereof:

31


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                                       CS/HB 1929, First Engrossed



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

  2  responsibilities of this office encompass income support

  3  programs within the department, such as temporary assistance

  4  to families with dependent children, food stamps, welfare

  5  reform, and state supplementation of the supplemental security

  6  income (SSI) program.

  7         2.  Developmental Services Program Office.--The

  8  responsibilities of this office encompass programs operated by

  9  the department for developmentally disabled persons.

10  Developmental disabilities include any disability defined in

11  s. 393.063.

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

13  responsibilities of this program office encompass early

14  intervention services for children and families at risk;

15  intake services for protective investigation of abandoned,

16  abused, and neglected children; interstate compact on the

17  placement of children programs; adoption; child care;

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

19  families; and child protection and sexual abuse treatment

20  teams created under chapter 415, excluding medical direction

21  functions.

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

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

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

25  the department.

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

27  personnel, property, and unexpended balances of

28  appropriations, allocations, and other funds of the Department

29  of Children and Family Services relating to services to abused

30  and neglected children provided through the child protection

31  teams and sexual abuse treatment program created under part IV


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                                       CS/HB 1929, First Engrossed



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

  2  Department of Health, Division of Children's Medical Services,

  3  by a type two transfer as defined in s. 20.06, Florida

  4  Statutes.  The Department of Health may organize, classify,

  5  and manage the positions transferred in a manner that will

  6  reduce duplication, achieve maximum efficiency, and ensure

  7  accountability.

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

  9  20.43, Florida Statutes, is amended to read:

10         20.43  Department of Health.--There is created a

11  Department of Health.

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

13  promote and protect the health of all residents and visitors

14  in the state through organized state and community efforts,

15  including cooperative agreements with counties.  The

16  department shall:

17         (h)  Provide services to abused and neglected children

18  through child protection teams and sexual abuse treatment

19  programs. Provide medical direction for child protection team

20  and sexual abuse treatment functions created under chapter

21  415.

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

23  39.4031, Florida Statutes, is amended to read:

24         39.4031  Case plan requirements.--

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

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

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

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

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

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

31  parent to substantially comply with the case plan may result


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                                       CS/HB 1929, First Engrossed



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

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

  3  petition for termination of parental rights sooner than the

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

  5  child protection team shall coordinate its effort with the

  6  case staffing committee shall coordinate its efforts with the

  7  child protection team of the Department of Health.

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

  9  Statutes, is amended to read:

10         39.4032  Multidisciplinary case staffing.--

11         (4)  The case staffing committee shall coordinate its

12  effort with the child protection team of the Department of

13  Health.

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

15  39.408, Florida Statutes, is amended to read:

16         39.408  Hearings for dependency cases.--

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

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

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

20  parents have consented to the finding of dependency or

21  admitted the allegations in the petition, have failed to

22  appear for the arraignment hearing after proper notice, or

23  have not been located despite a diligent search having been

24  conducted, the court shall receive and consider a

25  predisposition study, which must be in writing and presented

26  by an authorized agent of the department.

27         (a)  The predisposition study shall cover for any

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

29  also provide the court with the following documented

30  information:

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                                       CS/HB 1929, First Engrossed



  1         1.  An assessment defining the dangers and risks of

  2  returning the child home, including a description of the

  3  changes in and resolutions to the initial risks.

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

  5  what resources are available and will be provided for the

  6  protection and safety of the child.

  7         3.  A description of the benefits of returning the

  8  child home.

  9         4.  A description of all unresolved issues.

10         5.  An abuse registry history for all caretakers,

11  family members, and individuals residing within the household.

12         6.  The complete child protection team report and

13  recommendation of the child protection team of the Department

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

15  no report has been made.

16         7.  All opinions or recommendations from other

17  professionals or agencies that provide evaluative, social,

18  reunification, or other services to the family.

19         8.  The availability of appropriate prevention and

20  reunification services for the family to prevent the removal

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

22  family after removal, including the availability of family

23  preservation services through the Family Builders Program, the

24  Intensive Crisis Counseling Program, or both.

25         9.  The inappropriateness of other prevention and

26  reunification services that were available.

27         10.  The efforts by the department to prevent

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

29  reunify the family if appropriate services were available,

30  including the application of intensive family preservation

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                                       CS/HB 1929, First Engrossed



  1  services through the Family Builders Program, the Intensive

  2  Crisis Counseling Program, or both.

  3         11.  Whether the services were provided to the family

  4  and child.

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

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

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

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

  9  such lack of action.

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

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

12  or if the child is placed outside the home.

13         15.  Whether family mediation was provided.

14         16.  Whether a multidisciplinary case staffing was

15  conducted and, if so, the results.

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

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

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

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

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

21  119.07, Florida Statutes, is amended to read:

22         119.07  Inspection, examination, and duplication of

23  records; exemptions.--

24         (3)

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

26  security numbers, and photographs of active or former law

27  enforcement personnel, including correctional and correctional

28  probation officers, personnel of the Department of Children

29  and Family Health and Rehabilitative Services whose duties

30  include the investigation of abuse, neglect, exploitation,

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


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                                       CS/HB 1929, First Engrossed



  1  Department of Health whose duties are to support the

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

  3  Department of Revenue or local governments whose

  4  responsibilities include revenue collection and enforcement or

  5  child support enforcement; the home addresses, telephone

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

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

  8  the names and locations of schools and day care facilities

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

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

11  numbers, and photographs of firefighters certified in

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

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

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

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

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

17  addresses and telephone numbers of justices of the Supreme

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

19  and county court judges; the home addresses, telephone

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

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

22  and day care facilities attended by the children of justices

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

24  The home addresses, telephone numbers, social security

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

26  assistant state attorneys, statewide prosecutors, or assistant

27  statewide prosecutors; the home addresses, telephone numbers,

28  social security numbers, photographs, and places of employment

29  of the spouses and children of current or former state

30  attorneys, assistant state attorneys, statewide prosecutors,

31  or assistant statewide prosecutors; and the names and


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                                       CS/HB 1929, First Engrossed



  1  locations of schools and day care facilities attended by the

  2  children of current or former state attorneys, assistant state

  3  attorneys, statewide prosecutors, or assistant statewide

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

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

  6  telephone numbers of county and municipal code inspectors and

  7  code enforcement officers are confidential and exempt from the

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

  9  Constitution.

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

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

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

13  person specified in subparagraph 1. shall maintain the

14  confidentiality of the personal information only if the

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

16  agency of the designated employee submits a written request

17  for confidentiality to the custodial agency.

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

19  Statutes, is amended to read:

20         415.501  Prevention of abuse and neglect of children;

21  state plan.--

22         (3)  FUNDING AND SUBSEQUENT PLANS.--

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

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

25  Department of Education, or any other agency to the

26  Legislature for funding of efforts for the prevention of child

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

28  pursuant to this section.

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

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

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


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                                       CS/HB 1929, First Engrossed



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

  2  submitted to the Speaker of the House of Representatives and

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

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

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

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

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

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

  9  portions of the other state or Federal Government plan that

10  constitute the state plan for the prevention of child abuse

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

12  the Speaker of the House of Representatives and the President

13  of the Senate as required above.

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

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

16         415.50171  Family services response system; reports of

17  child-on-child sexual abuse.--

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

19  following procedures:

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

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

22  respective caregivers shall be conducted by the district

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

24  and other providers under contract with the department to

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

26  victim, and the victim's caregiver.

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

28  Department of Health shall conduct an evidence-gathering

29  physical examination of the victim.

30         Section 10.  Section 415.50175, Florida Statutes, is

31  amended to read:


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                                       CS/HB 1929, First Engrossed



  1         415.50175  Confidentiality of records.--

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

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

  4  pursuant to this part and shall preserve the records

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

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

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

  8  records.

  9         (2)  Department and Department of Health records

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

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

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

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

14  for in this section. Confidential records and information

15  provided pursuant to the provisions of this section shall

16  remain confidential and exempt from the provisions of s.

17  119.07(1) and s. 24(a), Art. I of the State Constitution.

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

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

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

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

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

23  providing services to the child or family.

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

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

26  for research or statistical purposes.  All requests for such

27  records or information shall require the requesting individual

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

29  provides that the requesting individual or entity shall comply

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

31  information for research and statistical purposes.


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                                       CS/HB 1929, First Engrossed



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

  2  Florida Statutes, is amended to read:

  3         415.5018  District authority and responsibilities.--

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

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

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

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

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

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

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

11  department that is jurisdictionally responsible to allow such

12  law enforcement entity to assume a lead in conducting any

13  potential criminal investigations as well as partial or full

14  responsibility for conducting certain components of protective

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

16  cases involving a criminal investigation.  The written

17  agreement must specify how the requirements of ss.

18  415.502-415.514 will be met. For the purposes of such

19  agreement, the jurisdictionally responsible law enforcement

20  entity is authorized to share Florida criminal history

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

22  with the local and district personnel directly responsible for

23  child protective investigation and emergency child placement.

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

25  943.0525 to the extent applicable. Criminal justice

26  information provided by such law enforcement entity shall be

27  used only for the purposes specified in the agreement and

28  shall be provided at no charge.

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

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

31  following assurances and information:


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                                       CS/HB 1929, First Engrossed



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

  2  police department will be in compliance with the procedural

  3  requirements of ss. 415.502-415.514.

  4         2.  Description of a protocol between the district and

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

  6  a minimum addresses the following:

  7         a.  Response to reports of abuse and neglect.

  8         b.  Investigations.

  9         c.  Assessment of risk.

10         d.  Evidence gathering.

11         e.  Classification of reports.

12         f.  Appeals of classifications.

13         g.  Communication and involvement with the state

14  attorney.

15         h.  Confidentiality of reports and access to

16  information.

17         i.  Utilization of the child protection team of the

18  Department of Health.

19         j.  Storage and maintenance of records and other

20  information.

21         3.  Description of the transition of responsibility

22  that assures the integrity and continuity of protective

23  investigations.

24         4.  Description of any necessary changes to department

25  rules.

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

27  personnel assuming responsibility for conducting certain

28  components of protective investigations shall receive training

29  from the department relevant to child protective

30  investigations and services.

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                                       CS/HB 1929, First Engrossed



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

  2  proposed agreement by approving or disapproving the agreement

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

  4  police department within 60 days after receipt.  The secretary

  5  may negotiate modifications within this 60-day period.

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

  7  Statutes, is amended to read:

  8         415.503  Definitions of terms used in ss.

  9  415.502-415.514.--As used in ss. 415.502-415.514:

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

11  professionals established by the Department of Health to

12  receive referrals from the protective investigators and

13  protective supervision staff of the children, youth, and

14  families program and to provide specialized and supportive

15  services to the program in processing child abuse and neglect

16  cases.  A child protection team shall provide consultation to

17  other programs of the department and other persons on child

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

19         Section 13.  Section 415.5055, Florida Statutes, is

20  amended to read:

21         415.5055  Child protection teams; services; eligible

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

23  Department of Health shall develop, maintain, and coordinate

24  the services of one or more multidisciplinary child protection

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

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

27  representatives of appropriate health, mental health, social

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

29  Legislature finds that optimal coordination of child

30  protection teams and sexual abuse treatment programs requires

31  collaboration between the Department of Health and the


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                                       CS/HB 1929, First Engrossed



  1  Department of Children and Family Services. The two

  2  departments shall maintain an interagency agreement that

  3  establishes protocols for oversight and operations of child

  4  protection teams and sexual abuse treatment programs. The

  5  Secretary of Health, and the Director of the Division of

  6  Children's Medical Services, and the Director of the Division

  7  of Family Health Services, in consultation with the Secretary

  8  of Children and Family Services, shall maintain the

  9  responsibility for the screening, employment, and, if

10  necessary, the termination of child protection team medical

11  directors, at headquarters and in the 15 districts. Child

12  protection team medical directors shall be responsible for

13  oversight of the teams in the districts.

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

15  the teams to supplement the assessment and protective

16  supervision activities of the children, youth, and families

17  program of the Department of Children and Family Services.

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

19  the duty and responsibility of any person to report pursuant

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

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

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

23  services deemed by the teams to be necessary and appropriate

24  to abused and neglected children upon referral.  The

25  specialized diagnostic assessment, evaluation, coordination,

26  consultation, and other supportive services that a child

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

28  not limited to, the following:

29         (a)  Medical diagnosis and evaluation services,

30  including provision or interpretation of X rays and laboratory

31


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                                       CS/HB 1929, First Engrossed



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

  2  findings relative thereto.

  3         (b)  Telephone consultation services in emergencies and

  4  in other situations.

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

  6  defined by department policy or rule of the Department of

  7  Health.

  8         (d)  Such psychological and psychiatric diagnosis and

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

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

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

12  the team may determine to be needed.

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

14  intent of the Legislature that short-term psychological

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

16  treatment is initiated, except that the appropriate district

17  administrator may authorize such treatment for individual

18  children beyond this limitation if the administrator deems it

19  appropriate.

20         (f)  Expert medical, psychological, and related

21  professional testimony in court cases.

22         (g)  Case staffings to develop, implement, and monitor

23  treatment plans for children whose cases have been referred to

24  the team.  A child protection team may provide consultation

25  with respect to a child who has not been referred to the team,

26  but who is alleged or is shown to be abused, which

27  consultation shall be provided at the request of a

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

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

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

31  other caregivers.  In every such child protection team case


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                                       CS/HB 1929, First Engrossed



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

  2  children, youth, and families program representative shall

  3  attend and participate.

  4         (h)  Case service coordination and assistance,

  5  including the location of services available from other public

  6  and private agencies in the community.

  7         (i)  Such training services for program and other

  8  department employees of the Department of Children and Family

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

10  deemed appropriate to enable them to develop and maintain

11  their professional skills and abilities in handling child

12  abuse and neglect cases.

13         (j)  Educational and community awareness campaigns on

14  child abuse and neglect in an effort to enable citizens more

15  successfully to prevent, identify, and treat child abuse and

16  neglect in the community.

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

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

19  program to child protection teams of the Department of Health

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

21  but are not limited to, cases involving:

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

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

24         (b)  Unexplained or implausibly explained bruises,

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

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

27  penetration is alleged or in which other unlawful sexual

28  conduct has been determined to have occurred.

29         (d)  Venereal disease, or any other sexually

30  transmitted disease, in a prepubescent child.

31


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                                       CS/HB 1929, First Engrossed



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

  2  child to thrive.

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

  4  of a child.

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

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

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

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

  9  remains in the home.

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

11  when emotional or other abuse or neglect is suspected.

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

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

14  119.07(1) and 455.667 455.241, and shall not be disclosed,

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

16  the Department of Children and Family Services, the Department

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

18  treatment or additional evaluative needs of the child or by

19  order of the court.

20

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

22  certain services to abused or neglected children, other

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

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

25  avoid duplicating the provision of those services.

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

27  Florida Statutes, is amended to read:

28         415.5095  Intervention and treatment in sexual abuse

29  cases; model plan.--

30         (2)  The Department of Health Children and Family

31  Services shall develop a model plan for community intervention


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                                       CS/HB 1929, First Engrossed



  1  and treatment of intrafamily sexual abuse in conjunction with

  2  the Department of Children and Family Services, the Department

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

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

  5  of Corrections, representatives of the judiciary, and

  6  professionals and advocates from the mental health and child

  7  welfare community.

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

  9  Statutes, is amended to read:

10         415.51  Confidentiality of reports and records in cases

11  of child abuse or neglect.--

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

13  team of the Department of Health are confidential and exempt

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

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

16  attorney, law enforcement, the department, and necessary

17  professionals, in furtherance of the treatment or additional

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

19         Section 16.  Section 415.5075, Florida Statutes, is

20  hereby repealed.

21         Section 17.  A memorandum of agreement shall be

22  developed between the Department of Children and Family

23  Services and the Department of Health that specifies how the

24  teams will work with child protective investigation and

25  service staff, requires joint oversight by the two departments

26  of the activities of the teams, and specifies how that

27  oversight will be implemented.

28         Section 18.  This act shall take effect January 1,

29  1999.

30

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