Senate Bill 0338c1

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    Florida Senate - 1999                            CS for SB 338

    By the Committee on Children and Families; and Senator Cowin





    300-720D-99

  1                      A bill to be entitled

  2         An act relating to the protection of children;

  3         creating the "Kayla McKean Child Protection

  4         Act"; providing legislative intent; amending s.

  5         39.01, F.S.; redefining the term "harm" for

  6         purposes of ch. 39, F.S., to include the act of

  7         placing a child with another person to avoid or

  8         impede a protective investigation; redefining

  9         the term "participant" to include providers

10         when designated by the court; amending s.

11         39.201, F.S.; requiring that a judge report

12         known or suspected child abuse; requiring that

13         the Department of Children and Family Services

14         accept certain reports of child abuse for

15         investigation; providing additional

16         requirements for the department with respect to

17         recording calls on the central abuse hotline;

18         requiring that the department's quality

19         assurance program review reports made to the

20         hotline which involve a specified number of

21         reports on a single child; amending s. 39.202,

22         F.S.; providing for certain persons who report

23         child abuse to request a summary of the

24         investigation; amending s. 39.205, F.S.;

25         increasing the penalties imposed for failing to

26         report child abuse or preventing the reporting

27         of child abuse, unless the court finds the

28         offender is a victim of domestic violence;

29         amending s. 39.301, F.S.; requiring

30         notification of the appropriate law enforcement

31         agency of reports provided to the department's

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  1         district staff; requiring review; requiring

  2         criminal investigation, if warranted; requiring

  3         that the department maintain certain

  4         information on child abuse investigations;

  5         providing requirements for assigning

  6         multidisciplinary staff to an investigation;

  7         requiring that the department adopt rules

  8         governing the completion of investigatory

  9         activities; revising requirements for

10         conducting risk assessments and onsite child

11         protective investigations; authorizing the

12         department to conduct unannounced visits and

13         interviews; requiring that the department adopt

14         rules specifying criteria under which a child

15         is taken into custody and a petition filed with

16         the court; requiring that law enforcement

17         agencies participating in an investigation take

18         photographs of the child's living environment

19         which shall be part of the investigative file;

20         requiring certain training; amending s. 39.302,

21         F.S.; authorizing the department to conduct

22         unannounced visits when conducting an

23         investigation; requiring that the department

24         conduct certain onsite visits; amending s.

25         39.303, F.S.; providing for a child protection

26         team to include a representative of the school

27         district; providing for medical evaluations in

28         certain cases of child abuse, and neglect;

29         specifying additional conditions that must be

30         evaluated by the child protection team;

31         amending s. 39.304, F.S.; requiring that

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  1         photographs be taken of visible trauma on a

  2         child which shall be part of the investigative

  3         file; amending s. 39.306, F.S.; specifying

  4         local criminal history information that a law

  5         enforcement entity is authorized to share;

  6         amending s. 39.402, F.S.; authorizing the court

  7         to order that a child remain in the

  8         department's custody for an additional period

  9         in order for the court to determine risk to the

10         child; requiring that the department provide

11         certain information to the court at the shelter

12         hearing; creating s. 383.402, F.S.; creating

13         the State Child Abuse Death Review Committee;

14         providing for membership of the committee;

15         specifying the duties of the committee;

16         providing for terms of office; providing for

17         members of the committee to be reimbursed for

18         expenses; providing for counties to establish

19         local child abuse death review committees;

20         providing for membership and duties;

21         authorizing the review committees to have

22         access to information pertaining to the death

23         of a child; authorizing the State Child Abuse

24         Death Review Committee to issue subpoenas;

25         requiring the Department of Health to

26         administer the funds appropriated to operate

27         the review committees; amending s. 409.1671,

28         F.S.; requiring a case-transfer process;

29         requiring that private providers furnish status

30         reports to the Department of Children and

31         Family Services; prohibiting a provider from

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  1         discontinuing services without the department's

  2         written notification; providing for the

  3         department to pay certain legal costs of a

  4         community-based agency that files a petition

  5         for dependency; requiring that contracts

  6         between the department and community-based

  7         agencies include provisions for dispute

  8         resolution; amending s. 777.03, F.S.; providing

  9         that certain actions to assist an offender who

10         has committed child abuse, child neglect, or

11         the manslaughter or murder of a child under a

12         specified age constitute acting as an accessory

13         after the fact; amending s. 827.03, F.S.;

14         increasing the penalties imposed for the

15         offense of aggravated child abuse; amending s.

16         921.0022, F.S., relating to the offense

17         severity ranking chart of the Criminal

18         Punishment Code; conforming provisions to

19         changes made by the act; amending s. 934.03,

20         F.S.; authorizing the central abuse hotline to

21         record incoming wire communications; amending

22         s. 39.823, F.S., relating to guardian advocates

23         for newborns; conforming a cross-reference to

24         changes made by the act; requiring the

25         Department of Health to develop a plan for

26         county child protection teams; requiring the

27         Department of Children and Family Services to

28         contract with an independent entity to evaluate

29         the central abuse hotline; providing an

30         appropriation; providing that certain full-time

31         positions within the Department of Children and

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  1         Family Services are not subject to

  2         position-lapse adjustments in the General

  3         Appropriations Act or in agency operation

  4         budgets; providing an effective date.

  5

  6         WHEREAS, national statistics indicate that 46 percent

  7  of children who died as a result of child abuse or neglect had

  8  prior contact with the state child protection agency, and

  9         WHEREAS, more than 79,000 children in Florida were

10  abused or neglected in fiscal year 1997-1998, and a number of

11  these children died as a result of being abused, and

12         WHEREAS, 10 percent of the abused or neglected children

13  in this state were abused or neglected again within 1 year

14  after the case was closed by the Department of Children and

15  Family Services, and

16         WHEREAS, the Legislature abhors a child-protection

17  system that allows a child who is known to be at serious risk

18  to remain in a dangerous home and be further harmed, even

19  killed, and

20         WHEREAS, the recent deaths of children in this state

21  which resulted from the maltreatment of children by their

22  parents, family members, or caregivers emphasize the need to

23  enhance the protection of the health and safety of children

24  served by Florida's child-protection system by means that

25  include strengthening the identification and assessment of

26  those parents, family members, or other caregivers who are

27  involved in or at risk of engaging in abusive or neglectful

28  behavior, NOW, THEREFORE,

29

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

31

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  1         Section 1.  Short title.--This act may be cited as the

  2  "Kayla McKean Child Protection Act."

  3         Section 2.  Legislative intent.--The Legislature

  4  intends to identify those gaps or shortcomings in the current

  5  child-protection system, including those gaps or shortcomings

  6  in child-protection services provided by the Department of

  7  Children and Family Services and its contract providers, by

  8  child protection teams, by law enforcement agencies, by

  9  schools, and by the courts, in order to make the system more

10  responsive to children who are at risk of child abuse or

11  neglect.

12         Section 3.  Paragraph (l) is added to subsection (30)

13  of section 39.01, Florida Statutes, 1998 Supplement, and

14  subsection (50) of that section is amended, to read:

15         39.01  Definitions.--When used in this chapter, unless

16  the context otherwise requires:

17         (30)  "Harm" to a child's health or welfare can occur

18  when the parent, legal custodian, or caregiver responsible for

19  the child's welfare:

20         (l)  For the purpose of impeding or avoiding a

21  protective investigation, places the child with another person

22  or makes the child unavailable.

23         (50)  "Participant," for purposes of a shelter

24  proceeding, dependency proceeding, or termination of parental

25  rights proceeding, means any person who is not a party but who

26  should receive notice of hearings involving the child,

27  including foster parents or caregivers, identified prospective

28  parents, grandparents entitled to priority for adoption

29  consideration under s. 63.0425, actual custodians of the

30  child, and any other person whose participation may be in the

31  best interest of the child. A community-based agency under

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  1  contract with the department to provide protective services

  2  may be designated as a participant at the discretion of the

  3  court. Participants may be granted leave by the court to be

  4  heard without the necessity of filing a motion to intervene.

  5         Section 4.  Subsections (1) and (2) of section 39.201,

  6  Florida Statutes, 1998 Supplement, are amended, and

  7  subsections (8) and (9) are added to that section, to read:

  8         39.201  Mandatory reports of child abuse, abandonment,

  9  or neglect; mandatory reports of death; central abuse

10  hotline.--

11         (1)  Any person, including, but not limited to, any:

12         (a)  Physician, osteopathic physician, medical

13  examiner, chiropractic physician, nurse, or hospital personnel

14  engaged in the admission, examination, care, or treatment of

15  persons;

16         (b)  Health or mental health professional other than

17  one listed in paragraph (a);

18         (c)  Practitioner who relies solely on spiritual means

19  for healing;

20         (d)  School teacher or other school official or

21  personnel;

22         (e)  Social worker, day care center worker, or other

23  professional child care, foster care, residential, or

24  institutional worker; or

25         (f)  Law enforcement officer; or,

26         (g)  Judge,

27

28  who knows, or has reasonable cause to suspect, that a child is

29  an abused, abandoned, or neglected child shall report such

30  knowledge or suspicion to the department in the manner

31  prescribed in subsection (2).

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  1         (2)(a)  Each report of known or suspected child abuse,

  2  abandonment, or neglect pursuant to this section, except those

  3  solely under s. 827.04(3), shall be made immediately to the

  4  department's central abuse hotline on the single statewide

  5  toll-free telephone number, and, if the report is of an

  6  instance of known or suspected child abuse by a noncaretaker,

  7  the call shall be immediately electronically transferred to

  8  the appropriate county sheriff's office by the central abuse

  9  hotline.  If the report is of an instance of known or

10  suspected child abuse involving impregnation of a child under

11  16 years of age by a person 21 years of age or older solely

12  under s. 827.04(3), the report shall be made immediately to

13  the appropriate county sheriff's office or other appropriate

14  law enforcement agency. If the report is of an instance of

15  known or suspected child abuse solely under s. 827.04(3), the

16  reporting provisions of this subsection do not apply to health

17  care professionals or other persons who provide medical or

18  counseling services to pregnant children when such reporting

19  would interfere with the provision of medical services.

20         (b)  The department must consider valid and accept for

21  investigation any report received by the central abuse hotline

22  from a judge, teacher or other professional school official,

23  or physician, as specified in paragraph (1)(a), paragraph

24  (1)(d), or paragraph (1)(g), who is acting in his or her

25  professional capacity.

26         (c)(b)  Reporters in occupation categories designated

27  in subsection (1) are required to provide their names to the

28  hotline staff.  The names of reporters shall be entered into

29  the record of the report, but shall be held confidential as

30  provided in s. 39.202.

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  1         (d)(c)  Reports involving known or suspected

  2  institutional child abuse or neglect shall be made and

  3  received in the same manner as all other reports made pursuant

  4  to this section.

  5         (e)(d)  Reports involving a known or suspected juvenile

  6  sexual offender shall be made and received by the department.

  7         1.  The department shall determine the age of the

  8  alleged juvenile sexual offender if known.

  9         2.  When the alleged juvenile sexual offender is 12

10  years of age or younger, the department shall proceed with an

11  investigation of the report pursuant to this part, immediately

12  electronically transfer the call to the appropriate law

13  enforcement agency office by the central abuse hotline, and

14  send a written report of the allegation to the appropriate

15  county sheriff's office within 48 hours after the initial

16  report is made to the central abuse hotline.

17         3.  When the alleged juvenile sexual offender is 13

18  years of age or older, the department shall immediately

19  electronically transfer the call to the appropriate county

20  sheriff's office by the central abuse hotline, and send a

21  written report to the appropriate county sheriff's office

22  within 48 hours after the initial report to the central abuse

23  hotline.

24         (f)(e)  Hotline counselors shall receive periodic

25  training in encouraging reporters to provide their names when

26  reporting abuse, abandonment, or neglect.  Callers shall be

27  advised of the confidentiality provisions of s. 39.202. The

28  department shall secure and install electronic equipment that

29  automatically provides to the hotline the number from which

30  the call is placed.  This number shall be entered into the

31  report of abuse, abandonment, or neglect and become a part of

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  1  the record of the report, but shall enjoy the same

  2  confidentiality as provided to the identity of the caller

  3  pursuant to s. 39.202.

  4         (g)  The department shall voice-record all incoming or

  5  outgoing calls that are received or placed by the central

  6  abuse hotline which relate to suspected or known child abuse,

  7  neglect, or abandonment. The recording shall become a part of

  8  the record of the report, but is subject to the same

  9  confidentiality as is provided to the identity of the caller

10  under s. 39.202.

11         (8)  Nothing in this chapter or in the privatization of

12  foster care and related services as specified in s. 409.1671

13  shall be construed to remove or reduce the duty and

14  responsibility of any person, including any employee of the

15  privatization provider, to report a suspected or actual case

16  of child abuse, abandonment, or neglect or the sexual abuse of

17  a child to the department's central abuse hotline.

18         (9)  On an ongoing basis, the department's quality

19  assurance program shall review reports to the hotline

20  involving three or more unaccepted reports on a single child

21  in order to detect such things as harassment and situations

22  that warrant an investigation because of the frequency or

23  variety of the source of the reports. The assistant secretary

24  may refer a case for investigation when it is determined, as a

25  result of this review, that an investigation may be warranted.

26         Section 5.  Subsection (4) of section 39.202, Florida

27  Statutes, 1998 Supplement, is amended to read:

28         39.202  Confidentiality of reports and records in cases

29  of child abuse or neglect.--

30         (4)  The name of any person reporting child abuse,

31  abandonment, or neglect may not be released to any person

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  1  other than employees of the department responsible for child

  2  protective services, the central abuse hotline, law

  3  enforcement, or the appropriate state attorney, without the

  4  written consent of the person reporting. This does not

  5  prohibit the subpoenaing of a person reporting child abuse,

  6  abandonment, or neglect when deemed necessary by the court,

  7  the state attorney, or the department, provided the fact that

  8  such person made the report is not disclosed.  Any person who

  9  reports a case of child abuse or neglect may, at the time he

10  or she makes the report, request that the department notify

11  him or her that a child protective investigation occurred as a

12  result of the report.  Any person specifically listed in s.

13  39.201(1) who makes a report in his or her official capacity

14  may also request a written summary of the outcome of the

15  investigation. The department shall mail such a notice to the

16  reporter within 10 days after completing the child protective

17  investigation.

18         Section 6.  Section 39.205, Florida Statutes, 1998

19  Supplement, is amended to read:

20         39.205  Penalties relating to reporting of child abuse,

21  abandonment, or neglect.--

22         (1)  A person who is required to report known or

23  suspected child abuse, abandonment, or neglect and who

24  knowingly and willfully fails to do so, or who knowingly and

25  willfully prevents another person from doing so, is guilty of

26  a misdemeanor of the first second degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         (2)  Unless the court finds that the person is a victim

29  of domestic violence, a person who is 18 years of age or older

30  and lives in the same house or living unit as a child who is

31  known or suspected to be a victim of child abuse, neglect of a

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  1  child, or aggravated child abuse, and knowingly and willfully

  2  fails to report the child abuse commits a felony of the third

  3  degree, punishable as provided in s. 775.082, s. 775.083, or

  4  s. 775.084.

  5         (3)(2)  A person who knowingly and willfully makes

  6  public or discloses any confidential information contained in

  7  the central abuse hotline or in the records of any child

  8  abuse, abandonment, or neglect case, except as provided in

  9  this chapter, is guilty of a misdemeanor of the second degree,

10  punishable as provided in  s. 775.082 or s. 775.083.

11         (4)(3)  The department shall establish procedures for

12  determining whether a false report of child abuse,

13  abandonment, or neglect has been made and for submitting all

14  identifying information relating to such a report to the

15  appropriate law enforcement agency and shall report annually

16  to the Legislature the number of reports referred.

17         (5)(4)  If the department or its authorized agent has

18  determined after its investigation that a report is false, the

19  department shall, with the consent of the alleged perpetrator,

20  refer the report to the local law enforcement agency having

21  jurisdiction for an investigation to determine whether

22  sufficient evidence exists to refer the case for prosecution

23  for filing a false report as defined in s. 39.01(27).  During

24  the pendency of the investigation by the local law enforcement

25  agency, the department must notify the local law enforcement

26  agency of, and the local law enforcement agency must respond

27  to, all subsequent reports concerning children in that same

28  family in accordance with s. 39.301.  If the law enforcement

29  agency believes that there are indicators of abuse,

30  abandonment, or neglect, it must immediately notify the

31  department, which must assure the safety of the children.  If

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  1  the law enforcement agency finds sufficient evidence for

  2  prosecution for filing a false report, it must refer the case

  3  to the appropriate state attorney for prosecution.

  4         (6)(5)  A person who knowing and willfully makes a

  5  false report of child abuse, abandonment, or neglect, or who

  6  advises another to make a false report, is guilty of a felony

  7  of the third degree, punishable as provided in s. 775.082 or

  8  s. 775.083.  Anyone making a report who is acting in good

  9  faith is immune from any liability under this subsection.

10         (7)(6)  Each state attorney shall establish and publish

11  written procedures to facilitate the prosecution of persons

12  under this section, and shall report to the Legislature

13  annually the number of complaints that have resulted in the

14  filing of an information or indictment and the disposition of

15  those complaints under this section.

16         Section 7.  Section 39.301, Florida Statutes, 1998

17  Supplement, is amended to read:

18         39.301  Initiation of protective investigations.--

19         (1)  Upon receiving an oral or written report of known

20  or suspected child abuse, abandonment, or neglect, the central

21  abuse hotline shall determine if the report requires an

22  immediate onsite protective investigation. For reports

23  requiring an immediate onsite protective investigation, the

24  central abuse hotline shall immediately notify the

25  department's designated children and families district staff

26  responsible for protective investigations to ensure that an

27  onsite investigation is promptly initiated.  For reports not

28  requiring an immediate onsite protective investigation, the

29  central abuse hotline shall notify the department's designated

30  children and families district staff responsible for

31  protective investigations in sufficient time to allow for an

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  1  investigation. At the time of notification of district staff

  2  with respect to the report, the central abuse hotline shall

  3  also provide information on any previous report concerning a

  4  subject of the present report or any pertinent information

  5  relative to the present report or any noted earlier reports.

  6         (2)  Upon notification of the department's staff under

  7  subsection (1), the central abuse hotline shall simultaneously

  8  notify the appropriate law enforcement agency of the county in

  9  which the known or suspected child abuse, abandonment, or

10  neglect is believed to have occurred. Upon receipt of a

11  report, the law enforcement agency must review the report and

12  determine whether a criminal investigation of the case is

13  warranted and, if so, shall conduct the criminal investigation

14  that shall be coordinated, whenever possible, with the child

15  protective investigation of the department or its agent.

16         (3)  The department shall maintain a master file for

17  each child whose report is accepted by the central abuse

18  hotline for investigation. Such file must contain information

19  concerning all reports received concerning that child. The

20  file must be made available to any department staff or agent

21  of the department given responsibility for conducting a

22  protective investigation.

23         (4)  To the extent practical, all protective

24  investigations involving a child shall be conducted or the

25  work supervised by a single individual in order for there to

26  be broad knowledge and understanding of the child's history.

27  When a new investigator is assigned to investigate a second

28  and subsequent report involving a child, a multidisciplinary

29  staffing shall be conducted which includes new and prior

30  investigators, their supervisors, and appropriate private

31  providers in order to assure that, to the extent possible,

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  1  there is coordination among all parties. The department shall

  2  adopt by rule a process that ensures that all required

  3  investigatory activities, including a review of the child's

  4  complete investigative and protective services history, are

  5  completed by the investigator, reviewed by the supervisor in a

  6  timely manner, and signed and dated by both the investigator

  7  and the supervisor.

  8         (5)(2)(a)  Upon commencing an investigation under this

  9  part, the child protective investigator shall inform any

10  subject of the investigation of the following:

11         1.  The names of the investigators and identifying

12  credentials from the department.

13         2.  The purpose of the investigation.

14         3.  The right to obtain his or her own attorney and

15  ways that the information provided by the subject may be used.

16         4.  The possible outcomes and services of the

17  department's response shall be explained to the caregiver.

18         5.  The right of the parent, legal custodian, or

19  caregiver to be involved to the fullest extent possible in

20  determining the nature of the allegation and the nature of any

21  identified problem.

22         (b)  The department's training program shall ensure

23  that protective investigators know how to fully inform

24  parents, guardians, and caregivers of their rights and

25  options, including opportunities for audio or video recording

26  of investigators' interviews with parents, guardians,

27  caretakers, or children.

28         (6)(3)  An assessment of risk and the perceived needs

29  for the child and family shall be conducted in a manner that

30  is sensitive to the social, economic, and cultural environment

31  of the family. This assessment must include a face-to-face

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  1  interview with the child, other siblings, parents, and other

  2  adults in the household and an onsite assessment of the

  3  child's residence.

  4         (7)(4)  Protective investigations shall be performed by

  5  the department or its agent.

  6         (8)(5)  The person responsible for the investigation

  7  shall make a preliminary determination as to whether the

  8  report or complaint is complete, consulting with the attorney

  9  for the department when necessary.  In any case in which the

10  person responsible for the investigation finds that the report

11  or complaint is incomplete, he or she shall return it without

12  delay to the person or agency originating the report or

13  complaint or having knowledge of the facts, or to the

14  appropriate law enforcement agency having investigative

15  jurisdiction, and request additional information in order to

16  complete the report or complaint; however, the confidentiality

17  of any report filed in accordance with this chapter shall not

18  be violated.

19         (a)  If it is determined that the report or complaint

20  is complete, after determining that such action would be in

21  the best interests of the child, the attorney for the

22  department shall file a petition for dependency.

23         (b)  If it is determined that the report or complaint

24  is complete, but the interests of the child and the public

25  will be best served by providing the child care or other

26  treatment voluntarily accepted by the child and the parents,

27  caregivers, or legal custodians, the protective investigator

28  may refer the child for such care or other treatment.

29         (c)  If the person conducting the investigation refuses

30  to request the attorney for the department to file a petition

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  1  for dependency, the complainant shall be advised of the right

  2  to file a petition pursuant to this part.

  3         (9)(6)  For each report it receives, the department

  4  shall perform an onsite child protective investigation that

  5  includes a face-to-face interview with the child, other

  6  siblings, parents, and other adults in the household and an

  7  onsite assessment of the child's residence in order to:

  8         (a)  Determine the composition of the family or

  9  household, including the name, address, date of birth, social

10  security number, sex, and race of each child named in the

11  report; any siblings or other children in the same household

12  or in the care of the same adults; the parents, legal

13  custodians, or caregivers; and any other adults in the same

14  household.

15         (b)  Determine whether there is indication that any

16  child in the family or household has been abused, abandoned,

17  or neglected; the nature and extent of present or prior

18  injuries, abuse, or neglect, and any evidence thereof; and a

19  determination as to the person or persons apparently

20  responsible for the abuse, abandonment, or neglect, including

21  the name, address, date of birth, social security number, sex,

22  and race of each such person.

23         (c)  Determine the immediate and long-term risk to each

24  child by conducting state and federal records checks,

25  including, when feasible, the records of the Department of

26  Corrections, on the parents, legal custodians, or caregivers,

27  and any other persons in the same household. This information

28  shall be used solely for purposes supporting the detection,

29  apprehension, prosecution, pretrial release, posttrial

30  release, or rehabilitation of criminal offenders or persons

31  accused of the crimes of child abuse, abandonment, or neglect

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  1  and shall not be further disseminated or used for any other

  2  purpose. The department's child protection investigators are

  3  hereby designated a criminal justice agency for the purpose of

  4  accessing criminal justice information to be used for

  5  enforcing this state's laws concerning the crimes of child

  6  abuse, abandonment, and neglect.

  7         (d)  Determine the immediate and long-term risk to each

  8  child through utilization of standardized risk assessment

  9  instruments.

10         (e)  Based on the information obtained from the

11  caregiver, complete the risk assessment instrument within 48

12  hours after the initial contact and, if needed, develop a case

13  plan.

14         (f)  Determine the protective, treatment, and

15  ameliorative services necessary to safeguard and ensure the

16  child's safety and well-being and development, and cause the

17  delivery of those services through the early intervention of

18  the department or its agent.

19         (10)(7)  If the department or its agent is denied

20  reasonable access to a child by the parents, legal custodians,

21  or caregivers and the department deems that the best interests

22  of the child so require, it shall seek an appropriate court

23  order or other legal authority prior to examining and

24  interviewing the child.

25         (11)  Onsite visits and face-to-face interviews with

26  the child or family shall be unannounced unless it is

27  determined by the department or its agent that such

28  unannounced visit would threaten the safety of the child.

29         (12)(8)  If the department or its agent determines that

30  a child requires immediate or long-term protection through:

31         (a)  Medical or other health care;

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  1         (b)  Homemaker care, day care, protective supervision,

  2  or other services to stabilize the home environment, including

  3  intensive family preservation services through the Family

  4  Builders Program, the Intensive Crisis Counseling Program, or

  5  both; or

  6         (c)  Foster care, shelter care, or other substitute

  7  care to remove the child from the custody of the parents,

  8  legal guardians, or caregivers,

  9

10  such services shall first be offered for voluntary acceptance

11  unless there are high-risk factors that may impact the ability

12  of the parents, legal guardians, or caregivers to exercise

13  judgment. Such factors may include the parents', legal

14  guardians', or caregivers' young age or history of substance

15  abuse or domestic violence. The department shall adopt by rule

16  criteria specifying behaviors or conditions that are factors

17  requiring that the department take the child into custody or

18  petition the court as provided in this chapter. Such factors

19  must include:  for a child who is the subject of an abuse

20  report, receiving treatment in an emergency room;

21  noncompliance with the case plan developed by the department,

22  or its agent, and the family under this chapter; and prior

23  abuse reports that involve the child or caregiver. The

24  parents, legal custodians, or caregivers shall be informed of

25  the right to refuse services, as well as the responsibility of

26  the department to protect the child regardless of the

27  acceptance or refusal of services. If the services are refused

28  and the department deems that the child's need for protection

29  so requires, the department shall take the child into

30  protective custody or petition the court as provided in this

31  chapter.

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  1         (13)(9)  When a child is taken into custody pursuant to

  2  this section, the authorized agent of the department shall

  3  request that the child's parent, caregiver, or legal custodian

  4  disclose the names, relationships, and addresses of all

  5  parents and prospective parents and all next of kin, so far as

  6  are known.

  7         (14)(10)  No later than 30 days after receiving the

  8  initial report, the local office of the department shall

  9  complete its investigation.

10         (15)(11)  Immediately upon receipt of a report

11  alleging, or immediately upon learning during the course of an

12  investigation, that:

13         (a)  The immediate safety or well-being of a child is

14  endangered;

15         (b)  The family is likely to flee;

16         (c)  A child died as a result of abuse, abandonment, or

17  neglect;

18         (d)  A child is a victim of aggravated child abuse as

19  defined in s. 827.03; or

20         (e)  A child is a victim of sexual battery or of sexual

21  abuse,

22

23  the department shall orally notify the jurisdictionally

24  responsible state attorney, and county sheriff's office or

25  local police department, and, within 3 days as soon as

26  practicable, transmit the written report to those agencies.

27  The law enforcement agency shall review the report and

28  determine whether a criminal investigation needs to be

29  conducted and shall assume lead responsibility for all

30  criminal fact-finding activities.  A criminal investigation

31  shall be coordinated, whenever possible, with the child

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  1  protective investigation of the department. Any interested

  2  person who has information regarding an offense described in

  3  this subsection may forward a statement to the state attorney

  4  as to whether prosecution is warranted and appropriate.

  5         (16)(12)  In a child protective investigation or a

  6  criminal investigation, when the initial interview with the

  7  child is conducted at school, the department or the law

  8  enforcement agency may allow, notwithstanding the provisions

  9  of s. 39.0132(4), a school instructional staff member who is

10  known by the child to be present during the initial interview

11  if:

12         (a)  The department or law enforcement agency believes

13  that the school instructional staff member could enhance the

14  success of the interview by his or her presence; and

15         (b)  The child requests or consents to the presence of

16  the school instructional staff member at the interview.

17

18  School instructional staff may only be present when authorized

19  by this subsection.  Information received during the interview

20  or from any other source regarding the alleged abuse or

21  neglect of the child shall be confidential and exempt from the

22  provisions of s. 119.07(1), except as otherwise provided by

23  court order.  A separate record of the investigation of the

24  abuse, abandonment, or neglect shall not be maintained by the

25  school or school instructional staff member. Violation of this

26  subsection constitutes a misdemeanor of the second degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (17)  When a law enforcement agency is participating in

29  an investigation, the agency shall take photographs of the

30  child's living environment. Such photographs shall become part

31  of the investigative file.

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  1         (18)(13)  Within 15 days after the completion of the

  2  investigation of cases reported to him or her pursuant to this

  3  section, the state attorney shall report his or her findings

  4  to the department and shall include in such report a

  5  determination of whether or not prosecution is justified and

  6  appropriate in view of the circumstances of the specific case.

  7         (19)  In order to enhance the skills of individual

  8  staff and to improve the district's overall child protection

  9  system, the department's training program at the district

10  level must include periodic reviews of cases handled within

11  the district in order to identify weaknesses as well as

12  examples of effective interventions that occurred at each

13  point in the case.

14         Section 8.  Subsection (1) of section 39.302, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         39.302  Protective investigations of institutional

17  child abuse, abandonment, or neglect.--

18         (1)  The department shall conduct a child protective

19  investigation of each report of institutional child abuse,

20  abandonment, or neglect.  Upon receipt of a report which

21  alleges that an employee or agent of the department, or any

22  other entity or person covered by s. 39.01(32) or (47), acting

23  in an official capacity, has committed an act of child abuse,

24  abandonment, or neglect, the department shall immediately

25  initiate a child protective investigation and orally notify

26  the appropriate state attorney, law enforcement agency, and

27  licensing agency.  These agencies shall immediately conduct a

28  joint investigation, unless independent investigations are

29  more feasible. When conducting investigations onsite or having

30  face-to-face interviews with the child, such investigation

31  visits shall be unannounced unless it is determined by the

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  1  department or its agent that such unannounced visits would

  2  threaten the safety of the child.  When a facility is exempt

  3  from licensing, the department shall inform the owner or

  4  operator of the facility of the report.  Each agency

  5  conducting a joint investigation shall be entitled to full

  6  access to the information gathered by the department in the

  7  course of the investigation. A protective investigation must

  8  include an onsite visit of the child's place of residence. In

  9  all cases, the department shall make a full written report to

10  the state attorney within 3 days after making the oral report.

11  A criminal investigation shall be coordinated, whenever

12  possible, with the child protective investigation of the

13  department. Any interested person who has information

14  regarding the offenses described in this subsection may

15  forward a statement to the state attorney as to whether

16  prosecution is warranted and appropriate. Within 15 days after

17  the completion of the investigation, the state attorney shall

18  report the findings to the department and shall include in

19  such report a determination of whether or not prosecution is

20  justified and appropriate in view of the circumstances of the

21  specific case.

22         Section 9.  Section 39.303, Florida Statutes, 1998

23  Supplement, is amended to read:

24         39.303  Child protection teams; services; eligible

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

26  Department of Health shall develop, maintain, and coordinate

27  the services of one or more multidisciplinary child protection

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

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

30  appropriate representatives of school districts and

31  appropriate health, mental health, social service, legal

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  1  service, and law enforcement agencies. The Legislature finds

  2  that optimal coordination of child protection teams and sexual

  3  abuse treatment programs requires collaboration between the

  4  Department of Health and the Department of Children and Family

  5  Services. The two departments shall maintain an interagency

  6  agreement that establishes protocols for oversight and

  7  operations of child protection teams and sexual abuse

  8  treatment programs. The Secretary of Health and the Deputy

  9  Secretary for Children's Medical Services, in consultation

10  with the Secretary of Children and Family Services, shall

11  maintain the responsibility for the screening, employment,

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

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

14  Child protection team medical directors shall be responsible

15  for oversight of the teams in the districts.

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

17  the teams to supplement the assessment and protective

18  supervision activities of the family safety and preservation

19  program of the Department of Children and Family Services.

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

21  the duty and responsibility of any person to report pursuant

22  to this chapter all suspected or actual cases of child abuse,

23  abandonment, or neglect or sexual abuse of a child.  The role

24  of the teams shall be to support activities of the program and

25  to provide services deemed by the teams to be necessary and

26  appropriate to abused, abandoned, and neglected children upon

27  referral.  The specialized diagnostic assessment, evaluation,

28  coordination, consultation, and other supportive services that

29  a child protection team shall be capable of providing include,

30  but are not limited to, the following:

31

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  1         (a)  Medical diagnosis and evaluation services,

  2  including provision or interpretation of X rays and laboratory

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

  4  findings relative thereto.

  5         (b)  Telephone consultation services in emergencies and

  6  in other situations.

  7         (c)  Medical evaluation related to abuse, abandonment,

  8  or neglect, as defined by policy or rule of the Department of

  9  Health.

10         (d)  Such psychological and psychiatric diagnosis and

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

12  parents, legal custodian or custodians, or other caregivers,

13  or any other individual involved in a child abuse,

14  abandonment, or neglect case, as the team may determine to be

15  needed.

16         (e)  Expert medical, psychological, and related

17  professional testimony in court cases.

18         (f)  Case staffings to develop treatment plans for

19  children whose cases have been referred to the team.  A child

20  protection team may provide consultation with respect to a

21  child who is alleged or is shown to be abused, abandoned, or

22  neglected, which consultation shall be provided at the request

23  of a representative of the family safety and preservation

24  program or at the request of any other professional involved

25  with a child or the child's parent or parents, legal custodian

26  or custodians, or other caregivers.  In every such child

27  protection team case staffing, consultation, or staff activity

28  involving a child, a family safety and preservation program

29  representative shall attend and participate.

30

31

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  1         (g)  Case service coordination and assistance,

  2  including the location of services available from other public

  3  and private agencies in the community.

  4         (h)  Such training services for program and other

  5  employees of the Department of Children and Family Services,

  6  employees of the Department of Health, and other medical

  7  professionals as is deemed appropriate to enable them to

  8  develop and maintain their professional skills and abilities

  9  in handling child abuse, abandonment, and neglect cases.

10         (i)  Educational and community awareness campaigns on

11  child abuse, abandonment, and neglect in an effort to enable

12  citizens more successfully to prevent, identify, and treat

13  child abuse, abandonment, and neglect in the community.

14         (2)  The child abuse, abandonment, and neglect reports

15  cases that must be referred are appropriate for referral by

16  the Department of Children and Family Services family safety

17  and preservation program to child protection teams of the

18  Department of Health for medical evaluation and available

19  support services as set forth in subsection (1) must include,

20  but are not limited to, cases involving:

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

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

23         (b)  Unexplained or implausibly explained bruises,

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

25         (b)(c)  Sexual abuse of a child in which vaginal or

26  anal penetration is alleged or in which other unlawful sexual

27  conduct has been determined to have occurred.

28         (c)(d)  Venereal disease, or any other sexually

29  transmitted disease, in a prepubescent child.

30         (d)(e)  Reported malnutrition of a child and failure of

31  a child to thrive.

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  1         (e)(f)  Reported medical, physical, or emotional

  2  neglect of a child.

  3         (f)(g)  Any family in which one or more children have

  4  been pronounced dead on arrival at a hospital or other health

  5  care facility, or have been injured and later died, as a

  6  result of suspected abuse, abandonment, or neglect, when any

  7  sibling or other child remains in the home.

  8         (g)(h)  Symptoms of serious emotional problems in a

  9  child when emotional or other abuse, abandonment, or neglect

10  is suspected.

11         (h)  Injuries to a child's head.

12         (3)  All abuse and neglect cases transmitted for

13  investigation to a district by the hotline must be

14  simultaneously transmitted to the Department of Health child

15  protection team for review. All cases transmitted to the child

16  protection team which meet the criteria in s. 39.303(2) must

17  be timely reviewed by a board certified pediatrician or

18  registered nurse practitioner under the supervision of such

19  pediatrician for the purpose of determining whether a

20  face-to-face medical evaluation by a child protection team is

21  necessary.  Such face-to-face medical evaluation is not

22  necessary only if it is determined that the child was examined

23  by a physician for the alleged abuse or neglect, and a

24  consultation between the child protection team board-certified

25  pediatrician or nurse practitioner and the examining physician

26  concludes that a further medical evaluation is unnecessary.

27         (4)(3)  In all instances in which a child protection

28  team is providing certain services to abused, abandoned, or

29  neglected children, other offices and units of the Department

30  of Health, and offices and units of the Department of Children

31

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  1  and Family Services, shall avoid duplicating the provision of

  2  those services.

  3         Section 10.  Subsection (1) of section 39.304, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         39.304  Photographs, medical examinations, X rays, and

  6  medical treatment of abused, abandoned, or neglected child.--

  7         (1)(a)  Any person required to investigate cases of

  8  suspected child abuse, abandonment, or neglect may take or

  9  cause to be taken photographs of the areas of trauma visible

10  on a child who is the subject of a report. Any child

11  protection team that examines a child who is the subject of a

12  report must take, or cause to be taken, photographs of any

13  areas of trauma visible on the child. Such photographs shall

14  become part of the investigative file.

15         (b)  If the areas of trauma visible on a child indicate

16  a need for a medical examination, or if the child verbally

17  complains or otherwise exhibits distress as a result of injury

18  through suspected child abuse, abandonment, or neglect, or is

19  alleged to have been sexually abused, the person required to

20  investigate may cause the child to be referred for diagnosis

21  to a licensed physician or an emergency department in a

22  hospital without the consent of the child's parents,

23  caregiver, or legal custodian.  Such examination may be

24  performed by an advanced registered nurse practitioner

25  licensed pursuant to chapter 464. Any licensed physician, or

26  advanced registered nurse practitioner licensed pursuant to

27  chapter 464, who has reasonable cause to suspect that an

28  injury was the result of child abuse, abandonment, or neglect

29  may authorize a radiological examination to be performed on

30  the child without the consent of the child's parent,

31  caregiver, or legal custodian.

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  1         Section 11.  Section 39.306, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         39.306  Child protective investigations; working

  4  agreements with local law enforcement.--The department shall

  5  enter into agreements with the jurisdictionally responsible

  6  county sheriffs' offices and local police departments that

  7  will assume the lead in conducting any potential criminal

  8  investigations arising from allegations of child abuse,

  9  abandonment, or neglect. The written agreement must specify

10  how the requirements of this chapter will be met. For the

11  purposes of such agreement, the jurisdictionally responsible

12  law enforcement entity is authorized to share Florida criminal

13  history and local criminal history information that is not

14  otherwise exempt from s. 119.07(1) with the district

15  personnel, authorized agent, or contract provider directly

16  responsible for the child protective investigation and

17  emergency child placement. The agencies entering into such

18  agreement must comply with s. 943.0525. Criminal justice

19  information provided by such law enforcement entity shall be

20  used only for the purposes specified in the agreement and

21  shall be provided at no charge. Notwithstanding any other

22  provision of law, the Department of Law Enforcement shall

23  provide to the department electronic access to Florida

24  criminal justice information which is lawfully available and

25  not exempt from s. 119.07(1), only for the purpose of child

26  protective investigations and emergency child placement.  As a

27  condition of access to such information, the department shall

28  be required to execute an appropriate user agreement

29  addressing the access, use, dissemination, and destruction of

30  such information and to comply with all applicable laws and

31  regulations, and rules of the Department of Law Enforcement.

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  1         Section 12.  Subsection (8) of section 39.402, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         39.402  Placement in a shelter.--

  4         (8)(a)  A child may not be held in a shelter longer

  5  than 24 hours unless an order so directing is entered by the

  6  court after a shelter hearing. In the interval until the

  7  shelter hearing is held, the decision to place the child in a

  8  shelter or release the child from a shelter lies with the

  9  protective investigator.

10         (b)  The parents or legal custodians of the child shall

11  be given such notice as best ensures their actual knowledge of

12  the time and place of the shelter hearing. The failure to

13  provide notice to a party or participant does not invalidate

14  an order placing a child in a shelter if the court finds that

15  the petitioner has made a good faith effort to provide such

16  notice. The court shall require the parents or legal

17  custodians present at the hearing to provide to the court on

18  the record the names, addresses, and relationships of all

19  parents, prospective parents, and next of kin of the child, so

20  far as are known.

21         (c)  At the shelter hearing, the court shall:

22         1.  Appoint a guardian ad litem to represent the child,

23  unless the court finds that such representation is

24  unnecessary;

25         2.  Inform the parents or legal custodians of their

26  right to counsel to represent them at the shelter hearing and

27  at each subsequent hearing or proceeding, and the right of the

28  parents to appointed counsel, pursuant to the procedures set

29  forth in s. 39.013; and

30         3.  Give the parents or legal custodians an opportunity

31  to be heard and to present evidence.

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  1         (d)  At the shelter hearing, in order to continue the

  2  child in shelter care:

  3         1.  The department must establish probable cause that

  4  reasonable grounds for removal exist and that the provision of

  5  appropriate and available services will not eliminate the need

  6  for placement; or.

  7         2.  The court must determine that additional time is

  8  necessary, which may not exceed 72 hours, in which to obtain

  9  and review documents pertaining to the family in order to

10  appropriately determine the risk to the child during which

11  time the child shall remain in the department's custody, if so

12  ordered by the court.

13         (e)  At the shelter hearing, the department shall

14  provide the court copies of any available law enforcement,

15  medical, or other professional reports, and abuse hotline

16  reports.

17         (f)  At the shelter hearing, the department shall

18  inform the court of:

19         1.  Any current or previous case plans negotiated in

20  any district with the parents or caregivers under this chapter

21  and problems associated with compliance;

22         2.  Any adjudication of the parents or caregivers of

23  delinquency;

24         3.  Any past or current injunction for protection from

25  domestic violence; and

26         4.  All of the child's places of residence during the

27  prior 12 months.

28         (g)(e)  At the shelter hearing, each party shall

29  provide to the court a permanent mailing address. The court

30  shall advise each party that this address will be used by the

31  court and the petitioner for notice purposes unless and until

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  1  the party notifies the court and the petitioner in writing of

  2  a new mailing address.

  3         (h)(f)  The order for placement of a child in shelter

  4  care must identify the parties present at the hearing and must

  5  contain written findings:

  6         1.  That placement in shelter care is necessary based

  7  on the criteria in subsections (1) and (2).

  8         2.  That placement in shelter care is in the best

  9  interest of the child.

10         3.  That continuation of the child in the home is

11  contrary to the welfare of the child because the home

12  situation presents a substantial and immediate danger to the

13  child's physical, mental, or emotional health or safety which

14  cannot be mitigated by the provision of preventive services.

15         4.  That based upon the allegations of the petition for

16  placement in shelter care, there is probable cause to believe

17  that the child is dependent or that the court needs additional

18  time, which may not exceed 72 hours, in which to obtain and

19  review documents pertaining to the family in order to

20  appropriately determine the risk to the child.

21         5.  That the department has made reasonable efforts to

22  prevent or eliminate the need for removal of the child from

23  the home.  A finding of reasonable effort by the department to

24  prevent or eliminate the need for removal may be made and the

25  department is deemed to have made reasonable efforts to

26  prevent or eliminate the need for removal if:

27         a.  The first contact of the department with the family

28  occurs during an emergency.

29         b.  The appraisal of the home situation by the

30  department indicates that the home situation presents a

31  substantial and immediate danger to the child's physical,

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  1  mental, or emotional health or safety which cannot be

  2  mitigated by the provision of preventive services.

  3         c.  The child cannot safely remain at home, either

  4  because there are no preventive services that can ensure the

  5  health and safety of the child or because, even with

  6  appropriate and available services being provided, the health

  7  and safety of the child cannot be ensured.

  8         6.  That the court notified the parents or legal

  9  custodians of the subsequent dependency proceedings, including

10  scheduled hearings, and of the importance of the active

11  participation of the parents or legal custodians in those

12  subsequent proceedings and hearings.

13         7.  That the court notified the parents or legal

14  custodians of their right to counsel to represent them at the

15  shelter hearing and at each subsequent hearing or proceeding,

16  and the right of the parents to appointed counsel, pursuant to

17  the procedures set forth in s. 39.013.

18         Section 13.  Section 383.402, Florida Statutes, is

19  created to read:

20         383.402  Child abuse death review; State Child Abuse

21  Death Review Committee; local child abuse death review

22  committees.--

23         (1)  It is the intent of the Legislature to establish a

24  statewide multidisciplinary, multiagency child abuse death

25  assessment and prevention system that consists of state and

26  local review committees. The state and local review committees

27  shall review the facts and circumstances of all deaths of

28  children from birth through age 18 which occur in this state

29  as the result of child abuse or neglect and for whom at least

30  one report of abuse or neglect was accepted by the central

31

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  1  abuse hotline within the Department of Children and Family

  2  Services. The purpose of the review shall be to:

  3         (a)  Achieve a greater understanding of the causes and

  4  contributing factors of deaths resulting from child abuse.

  5         (b)  Whenever possible, develop a communitywide

  6  approach to address such cases and contributing factors.

  7         (c)  Identify any gaps, deficiencies, or problems in

  8  the delivery of services to children and their families by

  9  public and private agencies which may be related to deaths

10  that are the result of child abuse.

11         (d)  Make and implement recommendations for changes in

12  law, rules, and policies, as well as develop practice

13  standards that support the safe and healthy development of

14  children and reduce preventable child abuse deaths.

15         (2)(a)  The State Child Abuse Death Review Committee is

16  established within the Department of Health and shall consist

17  of a representative of the Department of Health, appointed by

18  the Secretary of Health, who shall serve as the state

19  committee coordinator. The head of each of the following

20  agencies or organizations shall also appoint a representative

21  to the state committee:

22         1.  The Department of Legal Affairs.

23         2.  The Department of Children and Family Services.

24         3.  The Department of Law Enforcement.

25         4.  The Department of Education.

26         5.  The Florida Prosecuting Attorneys Association, Inc.

27         6.  The Florida Medical Examiners Commission, whose

28  representative must be a forensic pathologist.

29         (b)  In addition, the Secretary of Health shall appoint

30  the following members to the state committee, based on

31  recommendations from the Department of Health and the agencies

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  1  listed in paragraph (a), and ensuring that the committee

  2  represents the regional, gender, and ethnic diversity of the

  3  state to the greatest extent possible:

  4         1.  A board-certified pediatrician.

  5         2.  A public health nurse.

  6         3.  A mental health professional who treats children or

  7  adolescents.

  8         4.  An employee of the Department of Children and

  9  Family Services who supervises family services counselors and

10  who has at least 5 years of experience in child protective

11  investigations.

12         5.  The medical director of a child protection team.

13         6.  A member of a child advocacy organization.

14         7.  A social worker who has experience in working with

15  victims and perpetrators of child abuse.

16         8.  A person trained as a paraprofessional in patient

17  resources who is employed in a child abuse prevention program.

18         9.  A law enforcement officer who has at least 5 years

19  of experience in children's issues.

20         10.  A representative of the Florida Coalition Against

21  Domestic Violence.

22         11.  A representative from a private provider of

23  programs on preventing child abuse and neglect.

24         (3)  The State Child Abuse Death Review Committee

25  shall:

26         (a)  Develop a system for collecting data on deaths

27  that are the result of child abuse. The system must include a

28  protocol for the uniform collection of data statewide, which

29  uses existing data-collection systems to the greatest extent

30  possible.

31

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  1         (b)  Provide training to cooperating agencies,

  2  individuals, and local child abuse death review committees on

  3  the use of the child abuse death data system.

  4         (c)  Prepare an annual statistical report on the

  5  incidence and causes of death resulting from child abuse in

  6  the state during the prior calendar year. The state committee

  7  shall submit a copy of the report by September 30 of each year

  8  to the Governor, the President of the Senate, and the Speaker

  9  of the House of Representatives, with the first annual report

10  due on September 30, 2000. The report must include

11  recommendations for state and local action, including specific

12  policy, procedural, regulatory, or statutory changes, and any

13  other recommended preventive action.

14         (d)  Encourage and assist in developing the local child

15  abuse death review committees.

16         (e)  Develop guidelines, standards, and protocols,

17  including a protocol for data collection, for local child

18  abuse death review committees, and provide training and

19  technical assistance to local committees.

20         (f)  Develop guidelines for reviewing deaths that are

21  the result of child abuse, including guidelines to be used by

22  law enforcement agencies, prosecutors, medical examiners,

23  health care practitioners, health care facilities, and social

24  service agencies.

25         (g)  Study the adequacy of laws, rules, training, and

26  services to determine what changes are needed to decrease the

27  incidence of child abuse deaths and develop strategies and

28  recruit partners to implement these changes.

29         (h)  Provide consultation on individual cases to local

30  committees upon request.

31

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  1         (i)  Educate the public regarding the Kayla McKean

  2  Child Protection Act, the incidence and causes of child abuse

  3  death, and ways by which such deaths may be prevented.

  4         (j)  Promote continuing education for professionals who

  5  investigate, treat, and prevent child abuse or neglect.

  6         (k)  Recommend, when appropriate, the review of the

  7  death certificate of a child who died as a result of abuse or

  8  neglect.

  9         (4)  The members of the state committee shall be

10  appointed to staggered terms of office which may not exceed 2

11  years, as determined by the Secretary of Health. Members are

12  eligible for reappointment. The state committee shall elect a

13  chairperson from among its members to serve for a 2-year term,

14  and the chairperson may appoint ad hoc committees as necessary

15  to carry out the duties of the committee.

16         (5)  Members of the state committee shall serve without

17  compensation but are entitled to reimbursement for per diem

18  and travel expenses incurred in the performance of their

19  duties as provided in s. 112.061 and to the extent that funds

20  are available.

21         (6)  At the direction of the Secretary of Health, the

22  director of each county health department, or the directors of

23  two or more county health departments by agreement, may

24  convene and support a county or multicounty child abuse death

25  review committee in accordance with the protocols established

26  by the State Child Abuse Death Review Committee. Each local

27  committee must include a local state attorney, or his or her

28  designee, and any other members that are determined by

29  guidelines developed by the State Child Abuse Death Review

30  Committee. The members of a local committee shall be appointed

31  to 2-year terms and may be reappointed. The local committee

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  1  shall elect a chairperson from among its members. Members

  2  shall serve without compensation but are entitled to

  3  reimbursement for per diem and travel expenses incurred in the

  4  performance of their duties as provided in s. 112.061 and to

  5  the extent that funds are available.

  6         (7)  Each local child abuse death review committee

  7  shall:

  8         (a)  Review all deaths resulting from child abuse which

  9  are reported to the Office of Vital Statistics.

10         (b)  Assist the state committee in collecting data on

11  deaths that are the result of child abuse, in accordance with

12  the protocol established by the state committee.

13         (c)  Submit written reports at the direction of the

14  state committee. The reports must include nonidentifying

15  information on individual cases and the steps taken by the

16  local committee and private and public agencies to implement

17  necessary changes and improve the coordination of services and

18  reviews.

19         (d)  Submit all records requested by the state

20  committee at the conclusion of its review of a death resulting

21  from child abuse.

22         (e)  Abide by the standards and protocols developed by

23  the state committee.

24         (f)  On a case-by-case basis, request that the state

25  committee review the data of a particular case.

26         (8)  Notwithstanding any other law, the chairperson of

27  the State Child Abuse Death Review Committee, or the

28  chairperson of a local committee, shall be provided with

29  access to any information or records that pertain to a child

30  whose death is being reviewed by the committee and that are

31  necessary for the committee to carry out its duties, including

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  1  information or records that pertain to the child's family, as

  2  follows:

  3         (a)  Information or records of a public or private

  4  provider of medical, dental, or mental health care, including,

  5  but not limited to, a facility licensed under chapter 393,

  6  chapter 394, or chapter 395, or a health care practitioner as

  7  defined in s. 455.501.

  8         (b)  Information or records of any state agency or

  9  political subdivision which might assist a committee in

10  reviewing a child's death, including, but not limited to,

11  information or records of the Department of Children and

12  Family Services, the Department of Health, the Department of

13  Education, or the Department of Juvenile Justice.

14         (9)  The State Child Abuse Death Review Committee or a

15  local committee shall have access to all information of a law

16  enforcement agency which is not the subject of an active

17  investigation and which pertains to the review of the death of

18  a child. A committee may not disclose any information that is

19  not subject to public disclosure by the law enforcement

20  agency, and active criminal intelligence information or

21  criminal investigative information, as defined in s.

22  119.011(3), may not be made available for review or access

23  under this section.

24         (10)  The state committee and any local committee may

25  share any relevant information that pertains to the review of

26  the death of a child.

27         (11)  A member of the state committee or a local

28  committee may not contact, interview, or obtain information by

29  request or subpoena directly from a member of a deceased

30  child's family as part of a committee's review of a child

31  abuse death, except that if a committee member is also a

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  1  public officer or state employee, that member may contact,

  2  interview, or obtain information from a member of the deceased

  3  child's family, if necessary, as part of the committee's

  4  review. A member of the deceased child's family may

  5  voluntarily provide records or information to the state

  6  committee or a local committee.

  7         (12)  The chairperson of the State Child Abuse Death

  8  Review Committee may require the production of records by

  9  requesting a subpoena, through the Department of Legal

10  Affairs, in any county of the state. Such subpoena is

11  effective throughout the state and may be served by any

12  sheriff. Failure to obey the subpoena is punishable as

13  provided by law.

14         (13)  This section does not authorize the members of

15  the state committee or any local committee to have access to

16  any grand jury proceedings.

17         (14)  The attendance by any person at a meeting of the

18  state committee or a local committee may not be used as

19  grounds to require that person to testify in any civil or

20  criminal proceeding. An organization, institution, committee

21  member, or other person who furnishes information, data,

22  reports, or records to the state committee or a local

23  committee is not liable for damages to any person and is not

24  subject to any other civil or criminal recourse. This

25  subsection does not apply to any person who admits to

26  committing a crime.

27         (15)  The Department of Health shall administer the

28  funds appropriated to operate the review committees and may

29  apply for grants and accept donations.

30         (16)  To the extent that funds are available, the

31  Department of Health may hire staff or consultants to assist a

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  1  review committee in performing its duties. Funds may also be

  2  used to reimburse reasonable expenses of the staff and

  3  consultants for the state committee and the local committees.

  4         (17)  For the purpose of carrying out the

  5  responsibilities assigned to the State Child Abuse Death

  6  Review Committee and the local review committees, the

  7  Secretary of Health may substitute an existing entity whose

  8  function and organization are the same as the function and

  9  organization of the committees established by this section.

10         Section 14.  Present subsections (3), (4), (5), and (6)

11  of section 409.1671, Florida Statutes, 1998 Supplement, are

12  redesignated as subsections (4), (5), (6), and (7),

13  respectively, and a new subsection (3) is added to that

14  section, to read:

15         409.1671  Foster care and related services;

16  privatization.--

17         (3)(a)  In order to help assure a seamless child

18  protection system, both the department or its agent and the

19  community-based agencies shall participate in a case-transfer

20  process to determine the date that the community-based agency

21  will initiate the appropriate services for a child and family.

22  This case-transfer process must clearly identify the closure

23  of the protective investigation and the initiation of service

24  provision. At the point of case transfer, the department must

25  provide a complete summary of the findings of the

26  investigation to the community-based agency.

27         (b)  Each community-based agency shall furnish regular

28  status reports of its cases to the department as specified in

29  the contract. A provider may not discontinue services without

30  prior written notification to the department. Within 7 days

31  after discontinuing services to a child or a child and family,

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  1  the community-based agency must provide a written case

  2  summary, including its assessment of the child and family, to

  3  the department.

  4         (c)  When a community-based agency files a petition for

  5  dependency for a child who was referred by the department or

  6  its agent, the costs associated with required legal counsel

  7  must be borne by the department. The reimbursement for such

  8  costs may not exceed the maximum cost in the agency's district

  9  for similar legal counsel provided during the quarter for the

10  department.

11         (d)  The annual contract between the department and

12  community-based agencies must include provisions that specify

13  the procedures to be used by the parties to resolve

14  differences in interpreting the contract or to resolve

15  disputes as to the adequacy of the parties' compliance with

16  their respective obligations under the contract.

17         Section 15.  Section 777.03, Florida Statutes, as

18  amended by section 16 of chapter 97-194, Laws of Florida, is

19  amended to read:

20         777.03  Accessory after the fact.--

21         (1)(a)  Any person not standing in the relation of

22  husband or wife, parent or grandparent, child or grandchild,

23  brother or sister, by consanguinity or affinity to the

24  offender, who maintains or assists the principal or accessory

25  before the fact, or gives the offender any other aid, knowing

26  that the offender had committed a felony or been accessory

27  thereto before the fact, with intent that the offender avoids

28  or escapes detection, arrest, trial or punishment, is an

29  accessory after the fact.

30         (b)  Any person, regardless of the relation to the

31  offender, who maintains or assists the principle or accessory

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  1  before the fact, or gives the offender any other aid, knowing

  2  that the offender had committed the offense of child abuse,

  3  neglect of a child, aggravated child abuse, aggravated

  4  manslaughter of a child under 18 years of age, or murder of a

  5  child under 18 years of age, or had been accessory thereto

  6  before the fact, with the intent that the offender avoids or

  7  escapes detection, arrest, trial, or punishment, is an

  8  accessory after the fact.

  9         (2)(a)  If the felony offense committed is a capital

10  felony, the offense of accessory after the fact is a felony of

11  the first degree, punishable as provided in s. 775.082, s.

12  775.083, or s. 775.084.

13         (b)  If the felony offense committed is a life felony

14  or a felony of the first degree, the offense of accessory

15  after the fact is a felony of the second degree, punishable as

16  provided in s. 775.082, s. 775.083, or s. 775.084.

17         (c)  If the felony offense committed is a felony of the

18  second degree or a felony of the third degree ranked in level

19  3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

20  the offense of accessory after the fact is a felony of the

21  third degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         (d)  If the felony offense committed is a felony of the

24  third degree ranked in level 1 or level 2 under s. 921.0022 or

25  s. 921.0023, the offense of accessory after the fact is a

26  misdemeanor of the first degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         (3)  Except as otherwise provided in s. 921.0022, for

29  purposes of sentencing under chapter 921 and determining

30  incentive gain-time eligibility under chapter 944, the offense

31  of accessory after the fact is ranked two levels below the

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  1  ranking under s. 921.0022 or s. 921.0023 of the felony offense

  2  committed.

  3         Section 16.  Subsection (2) of section 827.03, Florida

  4  Statutes, is amended to read:

  5         827.03  Abuse, aggravated abuse, and neglect of a

  6  child; penalties.--

  7         (2)  "Aggravated child abuse" occurs when a person:

  8         (a)  Commits aggravated battery on a child;

  9         (b)  Willfully tortures, maliciously punishes, or

10  willfully and unlawfully cages a child; or

11         (c)  Knowingly or willfully abuses a child and in so

12  doing causes great bodily harm, permanent disability, or

13  permanent disfigurement to the child.

14

15  A person who commits aggravated child abuse commits a felony

16  of the first second degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         Section 17.  Paragraphs (h), (i), and (j) of subsection

19  (3) of section 921.0022, Florida Statutes, 1998 Supplement,

20  are amended to read:

21         921.0022  Criminal Punishment Code; offense severity

22  ranking chart.--

23         (3)  OFFENSE SEVERITY RANKING CHART

24

25  Florida           Felony

26  Statute           Degree             Description

27

28

29                              (h)  LEVEL 8

30  316.193

31   (3)(c)3.a.        2nd      DUI manslaughter.

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  1  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

  2  777.03(2)(a)       1st      Accessory after the fact, capital

  3                              felony.

  4  782.04(4)          2nd      Killing of human without design

  5                              when engaged in act or attempt of

  6                              any felony other than arson,

  7                              sexual battery, robbery,

  8                              burglary, kidnapping, aircraft

  9                              piracy, or unlawfully discharging

10                              bomb.

11  782.051(2)         1st      Attempted felony murder while

12                              perpetrating or attempting to

13                              perpetrate a felony not

14                              enumerated in s. 782.04(3).

15  782.071(2)         2nd      Committing vehicular homicide and

16                              failing to render aid or give

17                              information.

18  782.072(2)         2nd      Committing vessel homicide and

19                              failing to render aid or give

20                              information.

21  790.161(3)         1st      Discharging a destructive device

22                              which results in bodily harm or

23                              property damage.

24  794.011(5)         2nd      Sexual battery, victim 12 years

25                              or over, offender does not use

26                              physical force likely to cause

27                              serious injury.

28  806.01(1)          1st      Maliciously damage dwelling or

29                              structure by fire or explosive,

30                              believing person in structure.

31  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

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  1  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

  2                              or dangerous weapon.

  3  810.02(2)(c)       1st      Burglary of a dwelling or

  4                              structure causing structural

  5                              damage or $1,000 or more property

  6                              damage.

  7  812.13(2)(b)       1st      Robbery with a weapon.

  8  812.135(2)         1st      Home-invasion robbery.

  9  825.102(2)         2nd      Aggravated abuse of an elderly

10                              person or disabled adult.

11  825.103(2)(a)      1st      Exploiting an elderly person or

12                              disabled adult and property is

13                              valued at $100,000 or more.

14  827.03(2)          2nd      Aggravated child abuse.

15  837.02(2)          2nd      Perjury in official proceedings

16                              relating to prosecution of a

17                              capital felony.

18  837.021(2)         2nd      Making contradictory statements

19                              in official proceedings relating

20                              to prosecution of a capital

21                              felony.

22  860.121(2)(c)      1st      Shooting at or throwing any

23                              object in path of railroad

24                              vehicle resulting in great bodily

25                              harm.

26  860.16             1st      Aircraft piracy.

27  893.13(1)(b)       1st      Sell or deliver in excess of 10

28                              grams of any substance specified

29                              in s. 893.03(1)(a) or (b).

30

31

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  1  893.13(2)(b)       1st      Purchase in excess of 10 grams of

  2                              any substance specified in s.

  3                              893.03(1)(a) or (b).

  4  893.13(6)(c)       1st      Possess in excess of 10 grams of

  5                              any substance specified in s.

  6                              893.03(1)(a) or (b).

  7  893.135(1)(a)2.    1st      Trafficking in cannabis, more

  8                              than 2,000 lbs., less than 10,000

  9                              lbs.

10  893.135

11   (1)(b)1.b.        1st      Trafficking in cocaine, more than

12                              200 grams, less than 400 grams.

13  893.135

14   (1)(c)1.b.        1st      Trafficking in illegal drugs,

15                              more than 14 grams, less than 28

16                              grams.

17  893.135

18   (1)(d)1.b.        1st      Trafficking in phencyclidine,

19                              more than 200 grams, less than

20                              400 grams.

21  893.135

22   (1)(e)1.b.        1st      Trafficking in methaqualone, more

23                              than 5 kilograms, less than 25

24                              kilograms.

25  893.135

26   (1)(f)1.b.        1st      Trafficking in amphetamine, more

27                              than 28 grams, less than 200

28                              grams.

29

30

31

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  1  893.135

  2  (1)(g)1.b.         1st      Trafficking in flunitrazepam, 14

  3                              grams or more, less than 28

  4                              grams.

  5  895.03(1)          1st      Use or invest proceeds derived

  6                              from pattern of racketeering

  7                              activity.

  8  895.03(2)          1st      Acquire or maintain through

  9                              racketeering activity any

10                              interest in or control of any

11                              enterprise or real property.

12  895.03(3)          1st      Conduct or participate in any

13                              enterprise through pattern of

14                              racketeering activity.

15                              (i)  LEVEL 9

16  316.193

17   (3)(c)3.b.        1st      DUI manslaughter; failing to

18                              render aid or give information.

19  782.04(1)          1st      Attempt, conspire, or solicit to

20                              commit premeditated murder.

21  782.04(3)          1st,PBL   Accomplice to murder in

22                              connection with arson, sexual

23                              battery, robbery, burglary, and

24                              other specified felonies.

25  782.051(1)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony enumerated in

28                              s. 782.04(3).

29  782.07(2)          1st      Aggravated manslaughter of an

30                              elderly person or disabled adult.

31

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  1  782.07(3)          1st      Aggravated manslaughter of a

  2                              child.

  3  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

  4                              reward or as a shield or hostage.

  5  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

  6                              or facilitate commission of any

  7                              felony.

  8  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  9                              interfere with performance of any

10                              governmental or political

11                              function.

12  787.02(3)(a)       1st      False imprisonment; child under

13                              age 13; perpetrator also commits

14                              child abuse, sexual battery,

15                              lewd, or lascivious act, etc.

16  790.161            1st      Attempted capital destructive

17                              device offense.

18  794.011(2)         1st      Attempted sexual battery; victim

19                              less than 12 years of age.

20  794.011(2)         Life     Sexual battery; offender younger

21                              than 18 years and commits sexual

22                              battery on a person less than 12

23                              years.

24  794.011(4)         1st      Sexual battery; victim 12 years

25                              or older, certain circumstances.

26  794.011(8)(b)      1st      Sexual battery; engage in sexual

27                              conduct with minor 12 to 18 years

28                              by person in familial or

29                              custodial authority.

30  812.13(2)(a)       1st,PBL  Robbery with firearm or other

31                              deadly weapon.

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  1  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

  2                              deadly weapon.

  3  827.03(2)          1st      Aggravated child abuse.

  4  847.0145(1)        1st      Selling, or otherwise

  5                              transferring custody or control,

  6                              of a minor.

  7  847.0145(2)        1st      Purchasing, or otherwise

  8                              obtaining custody or control, of

  9                              a minor.

10  859.01             1st      Poisoning food, drink, medicine,

11                              or water with intent to kill or

12                              injure another person.

13  893.135            1st      Attempted capital trafficking

14                              offense.

15  893.135(1)(a)3.    1st      Trafficking in cannabis, more

16                              than 10,000 lbs.

17  893.135

18   (1)(b)1.c.        1st      Trafficking in cocaine, more than

19                              400 grams, less than 150

20                              kilograms.

21  893.135

22   (1)(c)1.c.        1st      Trafficking in illegal drugs,

23                              more than 28 grams, less than 30

24                              kilograms.

25  893.135

26   (1)(d)1.c.        1st      Trafficking in phencyclidine,

27                              more than 400 grams.

28  893.135

29   (1)(e)1.c.        1st      Trafficking in methaqualone, more

30                              than 25 kilograms.

31

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  1  893.135

  2   (1)(f)1.c.        1st      Trafficking in amphetamine, more

  3                              than 200 grams.

  4                              (j)  LEVEL 10

  5  782.04(2)          1st,PBL  Unlawful killing of human; act is

  6                              homicide, unpremeditated.

  7  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

  8                              upon or terrorize victim.

  9  787.01(3)(a)       Life     Kidnapping; child under age 13,

10                              perpetrator also commits child

11                              abuse, sexual battery, lewd, or

12                              lascivious act, etc.

13  782.07(3)          1st      Aggravated manslaughter of a

14                              child.

15  794.011(3)         Life     Sexual battery; victim 12 years

16                              or older, offender uses or

17                              threatens to use deadly weapon or

18                              physical force to cause serious

19                              injury.

20  876.32             1st      Treason against the state.

21         Section 18.  Paragraph (g) of subsection (2) of section

22  934.03, Florida Statutes, is amended to read:

23         934.03  Interception and disclosure of wire, oral, or

24  electronic communications prohibited.--

25         (2)

26         (g)  It is lawful under ss. 934.03-934.09 for an

27  employee of:

28         1.  An ambulance service licensed pursuant to s.

29  401.25, a fire station employing firefighters as defined by s.

30  633.30, a public utility as defined by ss. 365.01 and 366.02,

31

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  1  a law enforcement agency as defined by s. 934.02(10), or any

  2  other entity with published emergency telephone numbers;, or

  3         2.  An agency operating an emergency telephone number

  4  "911" system established pursuant to s. 365.171; or,

  5         3.  The central abuse hotline operated pursuant to s.

  6  39.201,

  7

  8  to intercept and record incoming wire communications; however,

  9  such employee may intercept and record incoming wire

10  communications on published emergency telephone numbers only.

11  It is also lawful for such employee to intercept and record

12  outgoing wire communications to the numbers from which such

13  incoming wire communications were placed when necessary to

14  obtain information required to provide the emergency services

15  being requested.

16         Section 19.  Section 39.823, Florida Statutes, 1998

17  Supplement, is amended to read:

18         39.823  Guardian advocates for drug dependent

19  newborns.--The Legislature finds that increasing numbers of

20  drug dependent children are born in this state.  Because of

21  the parents' continued dependence upon drugs, the parents may

22  temporarily leave their child with a relative or other adult

23  or may have agreed to voluntary family services under s.

24  39.301(12) s. 39.301(8). The relative or other adult may be

25  left with a child who is likely to require medical treatment

26  but for whom they are unable to obtain medical treatment. The

27  purpose of this section is to provide an expeditious method

28  for such relatives or other responsible adults to obtain a

29  court order which allows them to provide consent for medical

30  treatment and otherwise advocate for the needs of the child

31  and to provide court review of such authorization.

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  1         Section 20.  The Department of Health, in consultation

  2  with the Department of Children and Family Services and the

  3  Florida Association of Counties, shall develop a plan for

  4  submission to the Legislature describing the resources that

  5  are necessary to provide adequate support for child protection

  6  teams in each county. The plan must specify those resources

  7  that should be provided by the state and those that should be

  8  provided by the county. The Department of Health shall submit

  9  the plan to the President of the Senate and the Speaker of the

10  House of Representatives by October 1, 1999.

11         Section 21.  The Department of Children and Family

12  Services shall contract with an independent entity for the

13  purpose of evaluating the central abuse hotline within the

14  department to determine its effectiveness and efficiency in

15  performing its statutory responsibilities pursuant to chapter

16  39, Florida Statutes. This evaluation must include, but need

17  not be limited to, the criteria and the application of

18  criteria by which calls are accepted or denied. This

19  evaluation must also address the need to monitor the central

20  abuse hotline on an ongoing basis and, if recommended, must

21  propose the monitoring process.

22         Section 22.  For the purpose of implementing the

23  requirements of this act relating to the evaluation of the

24  hotline, the sum of $75,000 is appropriated from the General

25  Revenue Fund to the Department of Children and Family Services

26  for the 1999-2000 fiscal year.

27         Section 23.  Full-time equivalent positions of the

28  Department of Children and Family Services which are directly

29  involved in the investigation of child abuse and neglect or in

30  the performance of activities directly related to the

31  protection of children who have been or are at risk of abuse

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  1  and neglect are not subject to position-lapse adjustments

  2  included in the General Appropriations Act or to agency

  3  imposed position-lapse adjustments included in annual agency

  4  operating budgets. It is the intent of the Legislature that

  5  such positions be promptly filled and delays in hiring be kept

  6  to a minimum.

  7         Section 24.  This act shall take effect July 1, 1999.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                  PROPOSED COMMITTEE SUBSTITUTE FOR
  2                              SB 338

  3

  4  Abuse Reports

  5  Adds judges to the list of occupational groups that must
    report child abuse, abandonment, or neglect;
  6
    Requires the Department of Children and Family Services to
  7  accept for investigation any report from a judge, teacher or
    other professional school official;
  8
    Requires the Department of Children and Family Services to
  9  voice-record all incoming and outgoing calls that are received
    or placed by the central abuse hotline and to consider the
10  recording confidential information;

11  Requires the Department of Children and Family Services to
    simultaneously notify the appropriate law enforcement agency
12  in the county in which the abuse, abandonment, or neglect is
    believed to have occurred so that law enforcement may
13  determine if a criminal investigation of the case is warranted
    and, it so, to take the lead in such investigations and
14  coordinate their investigation whenever possible with the
    child protective investigation.
15
    Requires the Department of Children and Family Services'
16  quality assurance program to review reports to the hotline
    involving three or more unaccepted reports with the Assistant
17  Secretary referring those identified cases that warrant an
    investigation;
18
    Requires the department to provide a written summary of the
19  outcome of the investigation to reporters listed in s.
    39.201(1), F.S., who report in his or her official capacity;
20
    Requires the Department of Children and Family Services to
21  contract with an independent entity to evaluate the hotline to
    determine its effectiveness and efficiency and address the
22  need to monitor the hotline on an ongoing basis and, if an
    ongoing evaluation is recommended, to propose the monitoring
23  process;

24  Appropriates $75,000 from General Revenue funds to the
    department for FY 1999-2000 for the evaluation of the hotline;
25
    Child Protective Investigation/Removing the Child from the
26  Home

27  Includes in the definition of "harm" placing the child with
    another person/making the child unavailable in order to impede
28  or avoid a protective investigation;

29  Requires the Department of Children and Family Services to
    maintain a master file for each child whose report is accepted
30  by the abuse hotline for investigation;

31  Requires that, to the extent that is practical, all protective
    investigations for an individual child be conducted by the
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  1  same worker or supervised by the same supervisor;

  2  Requires the Department of Children and Family Services to
    conduct a multidisciplinary staffing when a new investigator
  3  is assigned to investigate a second or subsequent report
    involving a child;
  4
    Directs the Department of Children and Family Services to
  5  develop a rule that ensures that all required investigatory
    activities are completed and reviewed in a timely manner and
  6  signed and dated;

  7  Requires that the assessment of risk and perceived needs of
    the child and family include a face-to-face interview with the
  8  child, other siblings, parents, and other adults in the
    household and an onsite assessment of the child's residence;
  9
    Requires that onsite visits and face-to-face interviews with
10  the child or family be unannounced unless it would threaten
    the safety of the child;
11
    Directs the Department of Children and Family Services to
12  adopt a rule that specifies factors requiring the department
    to take the child into custody or petition the court for
13  removal of the child from the home; specifies that those
    factors must include:  treatment in an emergency room of a
14  child who is the subject of an abuse report, noncompliance
    with the case plan developed by the department or its agent
15  and the family, and prior abuse reports that involve the child
    or caregiver.
16
    Requires a law enforcement agency participating in an
17  investigation to take photographs of the child's living
    environment that become part of the investigative file;
18
    Authorizes the court to continue a child in shelter care for
19  up to 72 additional hours in order for the court to obtain and
    review critical documents;
20
    Requires the Department of Children and Family Services to
21  provide to the court at the shelter hearing copies of any
    available law enforcement, medical, or other professional
22  reports and pertinent abuse hotline reports;

23  Requires the Department of Children and Family Services to
    inform the court at the shelter hearing of specific
24  information such as current or previous case plans and any
    problems with compliance, any delinquency adjudication of the
25  parents or caregivers and all of the child's places of
    residence during the past 12 months;
26
    Requires that full-time equivalent positions directly involved
27  in the investigation of child abuse or neglect or related to
    the protection of children not be subject to position lapse
28  adjustments in the General Appropriation Act or imposed by the
    department in its annual operating budget;
29
    Authorizes local law enforcement agencies to share local
30  criminal history information and authorizes the Department of
    Children and Family Services to access Department of
31  Corrections records when assessing risk;

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  1  Child Protection Teams

  2  Includes representatives of school districts in the group of
    professionals that may constitute child protection teams;
  3
    Requires that all cases referred to the child protection team
  4  be timely reviewed by a board certified pediatrician or
    registered nurse practitioner who is under the supervision of
  5  the board certified pediatrician; a face to face medical
    evaluation is not necessary in these cases only if the
  6  examining physician and the child protection team pediatrician
    or nurse practitioner conclude that further medical evaluation
  7  is not necessary;

  8  Specifies that a child of any age with bruises, burns, or
    fractures who is the subject of a report be referred to the
  9  child protection team rather than only those children under
    the age of three;
10
    Specifies that a child with injuries to the head who is the
11  subject of a report be referred to the child protection team;

12  Requires that the child protection team take photographs of
    any area of trauma visible on a child during their examination
13  and that the photographs become part of the investigative
    file;
14
    Requires that the Department of Health in consultation with
15  the Department of Children and Family Services and the Florida
    Association of Counties develop a plan to describing the
16  resources necessary, from both the county and the state, to
    provide adequate support for child protection teams in each
17  county in Florida and provides that the Department of Health
    submit the plan to the Governor and Legislature by October 1,
18  1999;
    Provision of Child Protection Services By Community-Based
19  Agencies

20  Specifies that certain community-based agencies may be
    designated as a "participant" at the discretion of the court
21  in order to inform the court of relevant information about the
    child or family;
22
    Establishes a case transfer process between the
23  community-based agency and the Department of Children and
    Family Services and clearly identifies the closure of the
24  protective investigation and the initiation of service by the
    community-based agency;
25
    Requires that each community-based agency furnish status
26  reports of its cases to the Department of Children and Family
    Services and notify the department in writing prior to
27  services being discontinued;

28  Requires that costs within a specified limit associated with
    required legal counsel for community-based agencies be borne
29  by the Department of Children and Family Services when these
    agencies file petitions for dependency for a child who was
30  referred by the department or its agent;

31  Requires that the contract between the Department of Children
    and Family Services and community-based providers include
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  1  dispute resolution procedures;
    Child Abuse Death Review
  2
    Establishes a State Child Abuse Death Review Committee within
  3  the Department of Health and establishes local child abuse
    death committees and specifies duties;
  4  Criminal Penalties

  5  Increases the penalty from a second degree misdemeanor to a
    first degree misdemeanor for persons who knowingly and
  6  willfully fail to report child abuse, abandonment, or neglect;

  7  Creates the penalty of a third degree felony for persons who
    are 18 years of age or older and live in the same house or
  8  living unit and knowingly and willfully fail to report that a
    child is known to be or suspected to be a victim of child
  9  abuse;

10  Provides that a person who assists the perpetrator of child
    abuse, neglect of a child, aggravated child abuse, aggravated
11  manslaughter of a child under 18 years of age, or murder of a
    child under 18 years of age is an accessory after the fact;
12
    Changes the penalties for aggravated child abuse from second
13  degree felony to first degree felony;

14  Moves "aggravated child abuse" from Level 8 to Level 9 and
    "aggravated manslaughter of a child" from Level 9 to Level 10
15  on the Offense Severity Ranking Chart.

16

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