Senate Bill 0338c2

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    Florida Senate - 1999                     CS for CS for SB 338

    By the Committees on Fiscal Policy; Children and Families; and
    Senator Cowin




    309-1714F-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, that a petition be filed

16         with the court, or that an administrative

17         review be held; requiring documentation;

18         requiring that law enforcement agencies

19         participating in an investigation take

20         photographs of the child's living environment

21         which shall be part of the investigative file;

22         requiring certain training; amending s. 39.302,

23         F.S.; authorizing the department to conduct

24         unannounced visits when conducting an

25         investigation; requiring that the department

26         conduct certain onsite visits; amending s.

27         39.303, F.S.; providing for a child protection

28         team to include a representative of the school

29         district; providing for medical evaluations in

30         certain cases of child abuse, and neglect;

31         specifying additional conditions that must be

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  1         evaluated by the child protection team;

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

  3         photographs be taken of visible trauma on a

  4         child which shall be part of the investigative

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

  6         local criminal history information that a law

  7         enforcement entity is authorized to share;

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

  9         to order that a child remain in the

10         department's custody for an additional period

11         in order for the court to determine risk to the

12         child; requiring that the department provide

13         certain information to the court at the shelter

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

15         the State Child Abuse Death Review Committee;

16         providing for membership of the committee;

17         specifying the duties of the committee;

18         providing for terms of office; providing for

19         members of the committee to be reimbursed for

20         expenses; providing for counties to establish

21         local child abuse death review committees;

22         providing for membership and duties;

23         authorizing the review committees to have

24         access to information pertaining to the death

25         of a child; authorizing providers to charge a

26         specified fee; authorizing the State Child

27         Abuse Death Review Committee to issue

28         subpoenas; requiring the Department of Health

29         to administer the funds appropriated to operate

30         the review committees; requiring that the

31         Department of Children and Family Services

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  1         appoint a child abuse death review coordinator

  2         in each district; amending s. 409.1671, F.S.;

  3         requiring a case-transfer process; requiring

  4         that private providers furnish status reports

  5         to the Department of Children and Family

  6         Services; prohibiting a provider from

  7         discontinuing services without the department's

  8         written notification; requiring that contracts

  9         between the department and community-based

10         agencies include provisions for dispute

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

12         that certain actions to assist an offender who

13         has committed child abuse, child neglect, or

14         the manslaughter or murder of a child under a

15         specified age constitute acting as an accessory

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

17         increasing the penalties imposed for the

18         offense of aggravated child abuse; amending s.

19         921.0022, F.S., relating to the offense

20         severity ranking chart of the Criminal

21         Punishment Code; conforming provisions to

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

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

24         record incoming wire communications; amending

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

26         for newborns; conforming a cross-reference to

27         changes made by the act; requiring the

28         Department of Health to develop a plan for

29         county child protection teams; requiring the

30         Department of Children and Family Services to

31         contract with an independent entity to evaluate

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  1         the central abuse hotline; providing

  2         appropriations; providing that certain

  3         full-time positions within the Department of

  4         Children and Family Services are not subject to

  5         position-lapse adjustments in the General

  6         Appropriations Act or in agency operation

  7         budgets; providing for an analysis and report

  8         by the Office of Program Policy Analysis and

  9         Government Accountability; providing an

10         effective date.

11

12         WHEREAS, national statistics indicate that 46 percent

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

14  prior contact with the state child protection agency, and

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

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

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

18         WHEREAS, 10 percent of the abused or neglected children

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

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

21  Family Services, and

22         WHEREAS, the Legislature abhors a child-protection

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

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

25  killed, and

26         WHEREAS, the recent deaths of children in this state

27  which resulted from the maltreatment of children by their

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

29  enhance the protection of the health and safety of children

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

31  include strengthening the identification and assessment of

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

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

  3  behavior, NOW, THEREFORE,

  4

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

  6

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

  8  "Kayla McKean Child Protection Act."

  9         Section 2.  Legislative intent.--The Legislature

10  intends to identify those gaps or shortcomings in the current

11  child-protection system, including those gaps or shortcomings

12  in child-protection services provided by the Department of

13  Children and Family Services and its contract providers, by

14  child protection teams, by law enforcement agencies, by

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

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

17  neglect.

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

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

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

21         39.01  Definitions.--When used in this chapter, unless

22  the context otherwise requires:

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

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

25  the child's welfare:

26         (l)  Makes the child unavailable for the purpose of

27  impeding or avoiding a protective investigation unless the

28  court determines that the parent, legal custodian, or

29  caregiver was fleeing from a situation involving domestic

30  violence.

31

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

  2  proceeding, dependency proceeding, or termination of parental

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

  4  should receive notice of hearings involving the child,

  5  including foster parents or caregivers, identified prospective

  6  parents, grandparents entitled to priority for adoption

  7  consideration under s. 63.0425, actual custodians of the

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

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

10  contract with the department to provide protective services

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

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

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

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

15  Florida Statutes, 1998 Supplement, are amended, and

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

17         39.201  Mandatory reports of child abuse, abandonment,

18  or neglect; mandatory reports of death; central abuse

19  hotline.--

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

21         (a)  Physician, osteopathic physician, medical

22  examiner, chiropractic physician, nurse, or hospital personnel

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

24  persons;

25         (b)  Health or mental health professional other than

26  one listed in paragraph (a);

27         (c)  Practitioner who relies solely on spiritual means

28  for healing;

29         (d)  School teacher or other school official or

30  personnel;

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

  2  professional child care, foster care, residential, or

  3  institutional worker; or

  4         (f)  Law enforcement officer; or,

  5         (g)  Judge,

  6

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

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

  9  knowledge or suspicion to the department in the manner

10  prescribed in subsection (2).

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

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

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

14  department's central abuse hotline on the single statewide

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

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

17  the call shall be immediately electronically transferred to

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

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

20  suspected child abuse involving impregnation of a child under

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

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

23  the appropriate county sheriff's office or other appropriate

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

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

26  reporting provisions of this subsection do not apply to health

27  care professionals or other persons who provide medical or

28  counseling services to pregnant children when such reporting

29  would interfere with the provision of medical services.

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

31  investigation any report received by the central abuse hotline

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

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

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

  4  professional capacity.

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

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

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

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

  9  provided in s. 39.202.

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

11  institutional child abuse or neglect shall be made and

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

13  to this section.

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

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

16         1.  The department shall determine the age of the

17  alleged juvenile sexual offender if known.

18         2.  When the alleged juvenile sexual offender is 12

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

20  investigation of the report pursuant to this part, immediately

21  electronically transfer the call to the appropriate law

22  enforcement agency office by the central abuse hotline, and

23  send a written report of the allegation to the appropriate

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

25  report is made to the central abuse hotline.

26         3.  When the alleged juvenile sexual offender is 13

27  years of age or older, the department shall immediately

28  electronically transfer the call to the appropriate county

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

30  written report to the appropriate county sheriff's office

31

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

  2  hotline.

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

  4  training in encouraging reporters to provide their names when

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

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

  7  department shall secure and install electronic equipment that

  8  automatically provides to the hotline the number from which

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

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

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

12  confidentiality as provided to the identity of the caller

13  pursuant to s. 39.202.

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

15  outgoing calls that are received or placed by the central

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

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

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

19  confidentiality as is provided to the identity of the caller

20  under s. 39.202.

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

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

23  shall be construed to remove or reduce the duty and

24  responsibility of any person, including any employee of the

25  privatization provider, to report a suspected or actual case

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

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

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

29  assurance program shall review reports to the hotline

30  involving three or more unaccepted reports on a single child

31  in order to detect such things as harassment and situations

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  1  that warrant an investigation because of the frequency or

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

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

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

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

  6  Statutes, 1998 Supplement, is amended to read:

  7         39.202  Confidentiality of reports and records in cases

  8  of child abuse or neglect.--

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

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

11  other than employees of the department responsible for child

12  protective services, the central abuse hotline, law

13  enforcement, or the appropriate state attorney, without the

14  written consent of the person reporting. This does not

15  prohibit the subpoenaing of a person reporting child abuse,

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

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

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

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

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

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

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

23  39.201(1) who makes a report in his or her official capacity

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

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

26  reporter within 10 days after completing the child protective

27  investigation.

28         Section 6.  Section 39.205, Florida Statutes, 1998

29  Supplement, is amended to read:

30         39.205  Penalties relating to reporting of child abuse,

31  abandonment, or neglect.--

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

  2  suspected child abuse, abandonment, or neglect and who

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

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

  5  a misdemeanor of the first second degree, punishable as

  6  provided in s. 775.082 or s. 775.083.

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

  8  of domestic violence or that other mitigating circumstances

  9  exist, a person who is 18 years of age or older and lives in

10  the same house or living unit as a child who is known or

11  suspected to be a victim of child abuse, neglect of a child,

12  or aggravated child abuse, and knowingly and willfully fails

13  to report the child abuse commits a felony of the third

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

15  s. 775.084.

16         (3)(2)  A person who knowingly and willfully makes

17  public or discloses any confidential information contained in

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

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

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

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

22         (4)(3)  The department shall establish procedures for

23  determining whether a false report of child abuse,

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

25  identifying information relating to such a report to the

26  appropriate law enforcement agency and shall report annually

27  to the Legislature the number of reports referred.

28         (5)(4)  If the department or its authorized agent has

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

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

31  refer the report to the local law enforcement agency having

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  1  jurisdiction for an investigation to determine whether

  2  sufficient evidence exists to refer the case for prosecution

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

  4  the pendency of the investigation by the local law enforcement

  5  agency, the department must notify the local law enforcement

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

  7  to, all subsequent reports concerning children in that same

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

  9  agency believes that there are indicators of abuse,

10  abandonment, or neglect, it must immediately notify the

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

12  the law enforcement agency finds sufficient evidence for

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

14  to the appropriate state attorney for prosecution.

15         (6)(5)  A person who knowing and willfully makes a

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

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

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

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

20  faith is immune from any liability under this subsection.

21         (7)(6)  Each state attorney shall establish and publish

22  written procedures to facilitate the prosecution of persons

23  under this section, and shall report to the Legislature

24  annually the number of complaints that have resulted in the

25  filing of an information or indictment and the disposition of

26  those complaints under this section.

27         Section 7.  Section 39.301, Florida Statutes, 1998

28  Supplement, is amended to read:

29         39.301  Initiation of protective investigations.--

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

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

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  1  abuse hotline shall determine if the report requires an

  2  immediate onsite protective investigation. For reports

  3  requiring an immediate onsite protective investigation, the

  4  central abuse hotline shall immediately notify the

  5  department's designated children and families district staff

  6  responsible for protective investigations to ensure that an

  7  onsite investigation is promptly initiated.  For reports not

  8  requiring an immediate onsite protective investigation, the

  9  central abuse hotline shall notify the department's designated

10  children and families district staff responsible for

11  protective investigations in sufficient time to allow for an

12  investigation. At the time of notification of district staff

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

14  also provide information on any previous report concerning a

15  subject of the present report or any pertinent information

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

17         (2)  Upon notification by the department's central

18  abuse hotline under subsection (1), the designated child

19  protective investigator shall immediately notify the

20  appropriate law enforcement agency of the county in which the

21  known or suspected child abuse, abandonment, or neglect is

22  believed to have occurred. Upon receipt of a report, the law

23  enforcement agency must review the report and determine

24  whether a criminal investigation of the case is warranted and,

25  if so, shall conduct the criminal investigation that shall be

26  coordinated, whenever possible, with the child protective

27  investigation of the department or its agent.

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

29  each child whose report is accepted by the central abuse

30  hotline for investigation. Such file must contain information

31  concerning all reports received concerning that child. The

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  1  file must be made available to any department staff, agent of

  2  the department, or contract provider given responsibility for

  3  conducting a protective investigation.

  4         (4)  To the extent practical, all protective

  5  investigations involving a child shall be conducted or the

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

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

  8  When a new investigator is assigned to investigate a second

  9  and subsequent report involving a child, a multidisciplinary

10  staffing shall be conducted which includes new and prior

11  investigators, their supervisors, and appropriate private

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

13  there is coordination among all parties. The department shall

14  establish an internal operating procedure that ensures that

15  all required investigatory activities, including a review of

16  the child's complete investigative and protective services

17  history, are completed by the investigator, reviewed by the

18  supervisor in a timely manner, and signed and dated by both

19  the investigator and the supervisor.

20         (5)(2)(a)  Upon commencing an investigation under this

21  part, the child protective investigator shall inform any

22  subject of the investigation of the following:

23         1.  The names of the investigators and identifying

24  credentials from the department.

25         2.  The purpose of the investigation.

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

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

28         4.  The possible outcomes and services of the

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

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

31  caregiver to be involved to the fullest extent possible in

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  1  determining the nature of the allegation and the nature of any

  2  identified problem.

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

  4  that protective investigators know how to fully inform

  5  parents, guardians, and caregivers of their rights and

  6  options, including opportunities for audio or video recording

  7  of investigators' interviews with parents, guardians,

  8  caretakers, or children.

  9         (6)(3)  An assessment of risk and the perceived needs

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

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

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

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

14  adults in the household and an onsite assessment of the

15  child's residence.

16         (7)(4)  Protective investigations shall be performed by

17  the department or its agent.

18         (8)(5)  The person responsible for the investigation

19  shall make a preliminary determination as to whether the

20  report or complaint is complete, consulting with the attorney

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

22  person responsible for the investigation finds that the report

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

24  delay to the person or agency originating the report or

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

26  appropriate law enforcement agency having investigative

27  jurisdiction, and request additional information in order to

28  complete the report or complaint; however, the confidentiality

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

30  be violated.

31

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

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

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

  4  department shall file a petition for dependency.

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

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

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

  8  treatment voluntarily accepted by the child and the parents,

  9  caregivers, or legal custodians, the protective investigator

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

11         (c)  If the person conducting the investigation refuses

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

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

14  to file a petition pursuant to this part.

15         (9)(6)  For each report it receives, the department

16  shall perform an onsite child protective investigation that

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

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

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

20         (a)  Determine the composition of the family or

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

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

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

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

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

26  household.

27         (b)  Determine whether there is indication that any

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

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

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

31  determination as to the person or persons apparently

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

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

  3  and race of each such person.

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

  5  child by conducting state and federal records checks,

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

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

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

  9  shall be used solely for purposes supporting the detection,

10  apprehension, prosecution, pretrial release, posttrial

11  release, or rehabilitation of criminal offenders or persons

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

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

14  purpose. The department's child protection investigators are

15  hereby designated a criminal justice agency for the purpose of

16  accessing criminal justice information to be used for

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

18  abuse, abandonment, and neglect.

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

20  child through utilization of standardized risk assessment

21  instruments.

22         (e)  Based on the information obtained from the

23  caregiver, complete the risk assessment instrument within 48

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

25  plan.

26         (f)  Determine the protective, treatment, and

27  ameliorative services necessary to safeguard and ensure the

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

29  delivery of those services through the early intervention of

30  the department or its agent.

31

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  1         (10)(7)  If the department or its agent is denied

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

  3  or caregivers and the department deems that the best interests

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

  5  order or other legal authority prior to examining and

  6  interviewing the child.

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

  8  the child or family shall be unannounced unless it is

  9  determined by the department or its agent or contract provider

10  that such unannounced visit would threaten the safety of the

11  child.

12         (12)(a)(8)  If the department or its agent determines

13  that a child requires immediate or long-term protection

14  through:

15         1.(a)  Medical or other health care;

16         2.(b)  Homemaker care, day care, protective

17  supervision, or other services to stabilize the home

18  environment, including intensive family preservation services

19  through the Family Builders Program, the Intensive Crisis

20  Counseling Program, or both; or

21         3.(c)  Foster care, shelter care, or other substitute

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

23  legal guardians, or caregivers,

24

25  such services shall first be offered for voluntary acceptance

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

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

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

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

30  abuse or domestic violence.

31

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  1         (b)  The parents, legal custodians, or caregivers shall

  2  be informed of the right to refuse services, as well as the

  3  responsibility of the department to protect the child

  4  regardless of the acceptance or refusal of services. If the

  5  services are refused and the department deems that the child's

  6  need for protection so requires, the department shall take the

  7  child into protective custody or petition the court as

  8  provided in this chapter.

  9         (c)  The department, in consultation with the

10  judiciary, shall adopt by rule criteria that are factors

11  requiring that the department take the child into custody,

12  petition the court as provided in this chapter, or, if the

13  child is not taken into custody or a petition is not filed

14  with the court, conduct an administrative review. If after an

15  administrative review the department determines not to take

16  the child into custody or petition the court, the department

17  shall document the reason for its decision in writing and

18  include it in the investigative file. For all cases that were

19  accepted by the local law enforcement agency pursuant to s.

20  39.301(2), the department must include in the file written

21  documentation that the administrative review included input

22  from law enforcement. In addition, for all cases that must be

23  referred to child protection teams pursuant to s. 39.303(2)

24  and (3), the file must include written documentation that the

25  administrative review included the results of the medical

26  evaluation. Factors that must be included in the development

27  of the rule include noncompliance with the case plan developed

28  by the department, or its agent, and the family under this

29  chapter and prior abuse reports that involve the child or

30  caregiver.

31

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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, or

14  duplicates thereof, shall be provided to the department for

15  inclusion in the investigative file and shall become part of

16  that file.

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

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

19  complains or otherwise exhibits distress as a result of injury

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

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

22  investigate may cause the child to be referred for diagnosis

23  to a licensed physician or an emergency department in a

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

25  caregiver, or legal custodian.  Such examination may be

26  performed by an advanced registered nurse practitioner

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

28  advanced registered nurse practitioner licensed pursuant to

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

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

31  may authorize a radiological examination to be performed on

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

  2  caregiver, or legal custodian.

  3         Section 11.  Section 39.306, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         39.306  Child protective investigations; working

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

  7  enter into agreements with the jurisdictionally responsible

  8  county sheriffs' offices and local police departments that

  9  will assume the lead in conducting any potential criminal

10  investigations arising from allegations of child abuse,

11  abandonment, or neglect. The written agreement must specify

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

13  purposes of such agreement, the jurisdictionally responsible

14  law enforcement entity is authorized to share Florida criminal

15  history and local criminal history information that is not

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

17  personnel, authorized agent, or contract provider directly

18  responsible for the child protective investigation and

19  emergency child placement. The agencies entering into such

20  agreement must comply with s. 943.0525. Criminal justice

21  information provided by such law enforcement entity shall be

22  used only for the purposes specified in the agreement and

23  shall be provided at no charge. Notwithstanding any other

24  provision of law, the Department of Law Enforcement shall

25  provide to the department electronic access to Florida

26  criminal justice information which is lawfully available and

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

28  protective investigations and emergency child placement.  As a

29  condition of access to such information, the department shall

30  be required to execute an appropriate user agreement

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

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  1  such information and to comply with all applicable laws and

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

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

  4  Statutes, 1998 Supplement, is amended to read:

  5         39.402  Placement in a shelter.--

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

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

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

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

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

11  protective investigator.

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

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

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

15  provide notice to a party or participant does not invalidate

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

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

18  notice. The court shall require the parents or legal

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

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

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

22  far as are known.

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

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

25  unless the court finds that such representation is

26  unnecessary;

27         2.  Inform the parents or legal custodians of their

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

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

30  parents to appointed counsel, pursuant to the procedures set

31  forth in s. 39.013; and

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  1         3.  Give the parents or legal custodians an opportunity

  2  to be heard and to present evidence.

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

  4  child in shelter care:

  5         1.  The department must establish probable cause that

  6  reasonable grounds for removal exist and that the provision of

  7  appropriate and available services will not eliminate the need

  8  for placement; or.

  9         2.  The court must determine that additional time is

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

11  and review documents pertaining to the family in order to

12  appropriately determine the risk to the child during which

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

14  ordered by the court.

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

16  provide the court copies of any available law enforcement,

17  medical, or other professional reports, and shall also provide

18  copies of abuse hotline reports pursuant to state and federal

19  confidentiality requirements.

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

21  inform the court of:

22         1.  Any current or previous case plans negotiated in

23  any district with the parents or caregivers under this chapter

24  and problems associated with compliance;

25         2.  Any adjudication of the parents or caregivers of

26  delinquency;

27         3.  Any past or current injunction for protection from

28  domestic violence; and

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

30  prior 12 months.

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

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

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

  4  court and the petitioner for notice purposes unless and until

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

  6  a new mailing address.

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

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

  9  contain written findings:

10         1.  That placement in shelter care is necessary based

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

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

13  interest of the child.

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

15  contrary to the welfare of the child because the home

16  situation presents a substantial and immediate danger to the

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

18  cannot be mitigated by the provision of preventive services.

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

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

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

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

23  review documents pertaining to the family in order to

24  appropriately determine the risk to the child.

25         5.  That the department has made reasonable efforts to

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

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

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

29  department is deemed to have made reasonable efforts to

30  prevent or eliminate the need for removal if:

31

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

  2  occurs during an emergency.

  3         b.  The appraisal of the home situation by the

  4  department indicates that the home situation presents a

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

  6  mental, or emotional health or safety which cannot be

  7  mitigated by the provision of preventive services.

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

  9  because there are no preventive services that can ensure the

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

11  appropriate and available services being provided, the health

12  and safety of the child cannot be ensured.

13         6.  That the court notified the parents or legal

14  custodians of the subsequent dependency proceedings, including

15  scheduled hearings, and of the importance of the active

16  participation of the parents or legal custodians in those

17  subsequent proceedings and hearings.

18         7.  That the court notified the parents or legal

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

20  shelter hearing and at each subsequent hearing or proceeding,

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

22  the procedures set forth in s. 39.013.

23         Section 13.  Section 383.402, Florida Statutes, is

24  created to read:

25         383.402  Child abuse death review; State Child Abuse

26  Death Review Committee; local child abuse death review

27  committees.--

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

29  statewide multidisciplinary, multiagency child abuse death

30  assessment and prevention system that consists of state and

31  local review committees. The state and local review committees

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  1  shall review the facts and circumstances of all deaths of

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

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

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

  5  abuse hotline within the Department of Children and Family

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

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

  8  contributing factors of deaths resulting from child abuse.

  9         (b)  Whenever possible, develop a communitywide

10  approach to address such cases and contributing factors.

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

12  the delivery of services to children and their families by

13  public and private agencies which may be related to deaths

14  that are the result of child abuse.

15         (d)  Make and implement recommendations for changes in

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

17  standards that support the safe and healthy development of

18  children and reduce preventable child abuse deaths.

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

20  established within the Department of Health and shall consist

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

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

23  committee coordinator. The head of each of the following

24  agencies or organizations shall also appoint a representative

25  to the state committee:

26         1.  The Department of Legal Affairs.

27         2.  The Department of Children and Family Services.

28         3.  The Department of Law Enforcement.

29         4.  The Department of Education.

30         5.  The Florida Prosecuting Attorneys Association, Inc.

31

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  1         6.  The Florida Medical Examiners Commission, whose

  2  representative must be a forensic pathologist.

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

  4  the following members to the state committee, based on

  5  recommendations from the Department of Health and the agencies

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

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

  8  state to the greatest extent possible:

  9         1.  A board-certified pediatrician.

10         2.  A public health nurse.

11         3.  A mental health professional who treats children or

12  adolescents.

13         4.  An employee of the Department of Children and

14  Family Services who supervises family services counselors and

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

16  investigations.

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

18         6.  A member of a child advocacy organization.

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

20  victims and perpetrators of child abuse.

21         8.  A person trained as a paraprofessional in patient

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

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

24  of experience in children's issues.

25         10.  A representative of the Florida Coalition Against

26  Domestic Violence.

27         11.  A representative from a private provider of

28  programs on preventing child abuse and neglect.

29         (3)  The State Child Abuse Death Review Committee

30  shall:

31

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

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

  3  protocol for the uniform collection of data statewide, which

  4  uses existing data-collection systems to the greatest extent

  5  possible.

  6         (b)  Provide training to cooperating agencies,

  7  individuals, and local child abuse death review committees on

  8  the use of the child abuse death data system.

  9         (c)  Prepare an annual statistical report on the

10  incidence and causes of death resulting from child abuse in

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

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

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

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

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

16  recommendations for state and local action, including specific

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

18  other recommended preventive action.

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

20  abuse death review committees.

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

22  including a protocol for data collection, for local child

23  abuse death review committees, and provide training and

24  technical assistance to local committees.

25         (f)  Develop guidelines for reviewing deaths that are

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

27  law enforcement agencies, prosecutors, medical examiners,

28  health care practitioners, health care facilities, and social

29  service agencies.

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

31  services to determine what changes are needed to decrease the

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  1  incidence of child abuse deaths and develop strategies and

  2  recruit partners to implement these changes.

  3         (h)  Provide consultation on individual cases to local

  4  committees upon request.

  5         (i)  Educate the public regarding the Kayla McKean

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

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

  8         (j)  Promote continuing education for professionals who

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

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

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

12  neglect.

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

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

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

16  eligible for reappointment. The state committee shall elect a

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

18  and the chairperson may appoint ad hoc committees as necessary

19  to carry out the duties of the committee.

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

21  compensation but are entitled to reimbursement for per diem

22  and travel expenses incurred in the performance of their

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

24  are available.

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

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

27  two or more county health departments by agreement, may

28  convene and support a county or multicounty child abuse death

29  review committee in accordance with the protocols established

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

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

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  1  designee, and any other members that are determined by

  2  guidelines developed by the State Child Abuse Death Review

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

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

  5  shall elect a chairperson from among its members. Members

  6  shall serve without compensation but are entitled to

  7  reimbursement for per diem and travel expenses incurred in the

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

  9  the extent that funds are available.

10         (7)  Each local child abuse death review committee

11  shall:

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

13  are reported to the Office of Vital Statistics.

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

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

16  the protocol established by the state committee.

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

18  state committee. The reports must include nonidentifying

19  information on individual cases and the steps taken by the

20  local committee and private and public agencies to implement

21  necessary changes and improve the coordination of services and

22  reviews.

23         (d)  Submit all records requested by the state

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

25  from child abuse.

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

27  the state committee.

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

29  committee review the data of a particular case.

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

31  the State Child Abuse Death Review Committee, or the

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  1  chairperson of a local committee, shall be provided with

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

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

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

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

  6  follows:

  7         (a)  Patient records in the possession of a public or

  8  private provider of medical, dental, or mental health care,

  9  including, but not limited to, a facility licensed under

10  chapter 393, chapter 394, or chapter 395, or a health care

11  practitioner as defined in s. 455.501. Providers may charge a

12  fee for copies not to exceed 50 cents per page for paper

13  records and $1 per fiche for microfiche records.

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

15  political subdivision which might assist a committee in

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

17  information or records of the Department of Children and

18  Family Services, the Department of Health, the Department of

19  Education, or the Department of Juvenile Justice.

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

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

22  enforcement agency which is not the subject of an active

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

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

25  not subject to public disclosure by the law enforcement

26  agency, and active criminal intelligence information or

27  criminal investigative information, as defined in s.

28  119.011(3), may not be made available for review or access

29  under this section.

30

31

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

  2  share any relevant information that pertains to the review of

  3  the death of a child.

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

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

  6  request or subpoena directly from a member of a deceased

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

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

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

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

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

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

13  voluntarily provide records or information to the state

14  committee or a local committee.

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

16  Review Committee may require the production of records by

17  requesting a subpoena, through the Department of Legal

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

19  effective throughout the state and may be served by any

20  sheriff. Failure to obey the subpoena is punishable as

21  provided by law.

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

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

24  any grand jury proceedings.

25         (14)  A person who has attended a meeting of the state

26  committee or a local committee or who has otherwise

27  participated in activities authorized by this section may not

28  be permitted or required to testify in any civil, criminal, or

29  administrative proceeding as to any records or information

30  produced or presented to a committee during meetings or other

31  activities authorized by this section. However, this

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  1  subsection does not prevent any person who testifies before

  2  the committee or who is a member of the committee from

  3  testifying as to matters otherwise within his or her

  4  knowledge. An organization, institution, committee member, or

  5  other person who furnishes information, data, reports, or

  6  records to the state committee or a local committee is not

  7  liable for damages to any person and is not subject to any

  8  other civil or criminal or administrative recourse. This

  9  subsection does not apply to any person who admits to

10  committing a crime.

11         (15)  The Department of Health shall administer the

12  funds appropriated to operate the review committees and may

13  apply for grants and accept donations.

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

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

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

17  used to reimburse reasonable expenses of the staff and

18  consultants for the state committee and the local committees.

19         (17)  For the purpose of carrying out the

20  responsibilities assigned to the State Child Abuse Death

21  Review Committee and the local review committees, the

22  Secretary of Health may substitute an existing entity whose

23  function and organization include the function and

24  organization of the committees established by this section.

25         (18)  Each district administrator of the Department of

26  Children and Family Services must appoint a child abuse death

27  review coordinator for the district. The coordinator must have

28  knowledge and expertise in the area of child abuse and

29  neglect. The coordinator's general responsibilities include:

30         (a)  Coordinating with the local child abuse death

31  review committee.

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  1         (b)  Ensuring the appropriate implementation of the

  2  child abuse death review process and all district activities

  3  related to the review of child abuse deaths.

  4         (c)  Working with the committee to ensure that the

  5  reviews are thorough and that all issues are appropriately

  6  addressed.

  7         (d)  Maintaining a system of logging child abuse deaths

  8  covered by this procedure and tracking cases during the child

  9  abuse death review process.

10         (e)  Conducting or arranging for a Florida Abuse

11  Hotline Information System (FAHIS) record check on all child

12  abuse deaths covered by this procedure to determine whether

13  there were any prior reports concerning the child or

14  concerning any siblings, other children, or adults in the

15  home.

16         (f)  Coordinating child abuse death review activities,

17  as needed, with individuals in the community and the

18  Department of Health.

19         (g)  Notifying the district administrator, the

20  Secretary of the Department of Children and Family Services,

21  and the Deputy Secretary of Children's Medical Services

22  Assistant Health Officer of all child abuse deaths meeting

23  criteria for review as specified in this section within 1

24  working day after learning of the child's death.

25         (h)  Ensuring that all critical issues identified by

26  the Child Abuse Death Review Committee are brought to the

27  attention of the district administrator and the Secretary of

28  the Department of Children and Family Services.

29         (i)  Providing technical assistance to the Child Abuse

30  Death Review Committee during the review of any child abuse

31  death.

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

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

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

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

  5  section, to read:

  6         409.1671  Foster care and related services;

  7  privatization.--

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

  9  protection system, the department shall ensure that contracts

10  entered into with community-based agencies pursuant to this

11  section include provisions for a case-transfer process to

12  determine the date that the community-based agency will

13  initiate the appropriate services for a child and family. This

14  case-transfer process must clearly identify the closure of the

15  protective investigation and the initiation of service

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

17  provide a complete summary of the findings of the

18  investigation to the community-based agency.

19         (b)  The contracts must also assure that each

20  community-based agency shall furnish regular status reports of

21  its cases to the department as specified in the contract. A

22  provider may not discontinue services without prior written

23  notification to the department. After discontinuing services

24  to a child or a child and family, the community-based agency

25  must provide a written case summary, including its assessment

26  of the child and family, to the department.

27         (c)  The annual contract between the department and

28  community-based agencies must include provisions that specify

29  the procedures to be used by the parties to resolve

30  differences in interpreting the contract or to resolve

31

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

  2  their respective obligations under the contract.

  3         Section 15.  Section 777.03, Florida Statutes, as

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

  5  amended to read:

  6         777.03  Accessory after the fact.--

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

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

  9  brother or sister, by consanguinity or affinity to the

10  offender, who maintains or assists the principal or accessory

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

12  that the offender had committed a felony or been accessory

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

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

15  accessory after the fact.

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

17  offender, who maintains or assists the principal or accessory

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

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

20  neglect of a child, aggravated child abuse, aggravated

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

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

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

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

25  accessory after the fact unless the court finds that the

26  person is a victim of domestic violence.

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

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

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

30  775.083, or s. 775.084.

31

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

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

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

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

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

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

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

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

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

10  775.083, or s. 775.084.

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

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

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

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

15  775.082, s. 775.083, or s. 775.084.

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

17  purposes of sentencing under chapter 921 and determining

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

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

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

21  committed.

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

23  Statutes, is amended to read:

24         827.03  Abuse, aggravated abuse, and neglect of a

25  child; penalties.--

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

27         (a)  Commits aggravated battery on a child;

28         (b)  Willfully tortures, maliciously punishes, or

29  willfully and unlawfully cages a child; or

30

31

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

  2  doing causes great bodily harm, permanent disability, or

  3  permanent disfigurement to the child.

  4

  5  A person who commits aggravated child abuse commits a felony

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

  7  775.082, s. 775.083, or s. 775.084.

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

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

10  are amended to read:

11         921.0022  Criminal Punishment Code; offense severity

12  ranking chart.--

13         (3)  OFFENSE SEVERITY RANKING CHART

14

15  Florida           Felony

16  Statute           Degree             Description

17

18

19                              (h)  LEVEL 8

20  316.193

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

22  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

23  777.03(2)(a)       1st      Accessory after the fact, capital

24                              felony.

25  782.04(4)          2nd      Killing of human without design

26                              when engaged in act or attempt of

27                              any felony other than arson,

28                              sexual battery, robbery,

29                              burglary, kidnapping, aircraft

30                              piracy, or unlawfully discharging

31                              bomb.

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  1  782.051(2)         1st      Attempted felony murder while

  2                              perpetrating or attempting to

  3                              perpetrate a felony not

  4                              enumerated in s. 782.04(3).

  5  782.071(2)         2nd      Committing vehicular homicide and

  6                              failing to render aid or give

  7                              information.

  8  782.072(2)         2nd      Committing vessel homicide and

  9                              failing to render aid or give

10                              information.

11  790.161(3)         1st      Discharging a destructive device

12                              which results in bodily harm or

13                              property damage.

14  794.011(5)         2nd      Sexual battery, victim 12 years

15                              or over, offender does not use

16                              physical force likely to cause

17                              serious injury.

18  806.01(1)          1st      Maliciously damage dwelling or

19                              structure by fire or explosive,

20                              believing person in structure.

21  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

22  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

23                              or dangerous weapon.

24  810.02(2)(c)       1st      Burglary of a dwelling or

25                              structure causing structural

26                              damage or $1,000 or more property

27                              damage.

28  812.13(2)(b)       1st      Robbery with a weapon.

29  812.135(2)         1st      Home-invasion robbery.

30  825.102(2)         2nd      Aggravated abuse of an elderly

31                              person or disabled adult.

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

  2                              disabled adult and property is

  3                              valued at $100,000 or more.

  4  827.03(2)          2nd      Aggravated child abuse.

  5  837.02(2)          2nd      Perjury in official proceedings

  6                              relating to prosecution of a

  7                              capital felony.

  8  837.021(2)         2nd      Making contradictory statements

  9                              in official proceedings relating

10                              to prosecution of a capital

11                              felony.

12  860.121(2)(c)      1st      Shooting at or throwing any

13                              object in path of railroad

14                              vehicle resulting in great bodily

15                              harm.

16  860.16             1st      Aircraft piracy.

17  893.13(1)(b)       1st      Sell or deliver in excess of 10

18                              grams of any substance specified

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

20  893.13(2)(b)       1st      Purchase in excess of 10 grams of

21                              any substance specified in s.

22                              893.03(1)(a) or (b).

23  893.13(6)(c)       1st      Possess in excess of 10 grams of

24                              any substance specified in s.

25                              893.03(1)(a) or (b).

26  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

28                              lbs.

29  893.135

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

31                              200 grams, less than 400 grams.

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  1  893.135

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

  3                              more than 14 grams, less than 28

  4                              grams.

  5  893.135

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

  7                              more than 200 grams, less than

  8                              400 grams.

  9  893.135

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

11                              than 5 kilograms, less than 25

12                              kilograms.

13  893.135

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

15                              than 28 grams, less than 200

16                              grams.

17  893.135

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

19                              grams or more, less than 28

20                              grams.

21  895.03(1)          1st      Use or invest proceeds derived

22                              from pattern of racketeering

23                              activity.

24  895.03(2)          1st      Acquire or maintain through

25                              racketeering activity any

26                              interest in or control of any

27                              enterprise or real property.

28  895.03(3)          1st      Conduct or participate in any

29                              enterprise through pattern of

30                              racketeering activity.

31                              (i)  LEVEL 9

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  1  316.193

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

  3                              render aid or give information.

  4  782.04(1)          1st      Attempt, conspire, or solicit to

  5                              commit premeditated murder.

  6  782.04(3)          1st,PBL   Accomplice to murder in

  7                              connection with arson, sexual

  8                              battery, robbery, burglary, and

  9                              other specified felonies.

10  782.051(1)         1st      Attempted felony murder while

11                              perpetrating or attempting to

12                              perpetrate a felony enumerated in

13                              s. 782.04(3).

14  782.07(2)          1st      Aggravated manslaughter of an

15                              elderly person or disabled adult.

16  782.07(3)          1st      Aggravated manslaughter of a

17                              child.

18  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

19                              reward or as a shield or hostage.

20  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

21                              or facilitate commission of any

22                              felony.

23  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

24                              interfere with performance of any

25                              governmental or political

26                              function.

27  787.02(3)(a)       1st      False imprisonment; child under

28                              age 13; perpetrator also commits

29                              child abuse, sexual battery,

30                              lewd, or lascivious act, etc.

31

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  1  790.161            1st      Attempted capital destructive

  2                              device offense.

  3  794.011(2)         1st      Attempted sexual battery; victim

  4                              less than 12 years of age.

  5  794.011(2)         Life     Sexual battery; offender younger

  6                              than 18 years and commits sexual

  7                              battery on a person less than 12

  8                              years.

  9  794.011(4)         1st      Sexual battery; victim 12 years

10                              or older, certain circumstances.

11  794.011(8)(b)      1st      Sexual battery; engage in sexual

12                              conduct with minor 12 to 18 years

13                              by person in familial or

14                              custodial authority.

15  812.13(2)(a)       1st,PBL  Robbery with firearm or other

16                              deadly weapon.

17  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

18                              deadly weapon.

19  827.03(2)          1st      Aggravated child abuse.

20  847.0145(1)        1st      Selling, or otherwise

21                              transferring custody or control,

22                              of a minor.

23  847.0145(2)        1st      Purchasing, or otherwise

24                              obtaining custody or control, of

25                              a minor.

26  859.01             1st      Poisoning food, drink, medicine,

27                              or water with intent to kill or

28                              injure another person.

29  893.135            1st      Attempted capital trafficking

30                              offense.

31

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

  2                              than 10,000 lbs.

  3  893.135

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

  5                              400 grams, less than 150

  6                              kilograms.

  7  893.135

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

  9                              more than 28 grams, less than 30

10                              kilograms.

11  893.135

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

13                              more than 400 grams.

14  893.135

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

16                              than 25 kilograms.

17  893.135

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

19                              than 200 grams.

20                              (j)  LEVEL 10

21  782.04(2)          1st,PBL  Unlawful killing of human; act is

22                              homicide, unpremeditated.

23  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

24                              upon or terrorize victim.

25  787.01(3)(a)       Life     Kidnapping; child under age 13,

26                              perpetrator also commits child

27                              abuse, sexual battery, lewd, or

28                              lascivious act, etc.

29  782.07(3)          1st      Aggravated manslaughter of a

30                              child.

31

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  1  794.011(3)         Life     Sexual battery; victim 12 years

  2                              or older, offender uses or

  3                              threatens to use deadly weapon or

  4                              physical force to cause serious

  5                              injury.

  6  876.32             1st      Treason against the state.

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

  8  934.03, Florida Statutes, is amended to read:

  9         934.03  Interception and disclosure of wire, oral, or

10  electronic communications prohibited.--

11         (2)

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

13  employee of:

14         1.  An ambulance service licensed pursuant to s.

15  401.25, a fire station employing firefighters as defined by s.

16  633.30, a public utility as defined by ss. 365.01 and 366.02,

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

18  other entity with published emergency telephone numbers;, or

19         2.  An agency operating an emergency telephone number

20  "911" system established pursuant to s. 365.171; or,

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

22  39.201,

23

24  to intercept and record incoming wire communications; however,

25  such employee may intercept and record incoming wire

26  communications on published emergency telephone numbers only.

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

28  outgoing wire communications to the numbers from which such

29  incoming wire communications were placed when necessary to

30  obtain information required to provide the emergency services

31  being requested.

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  1         Section 19.  Section 39.823, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         39.823  Guardian advocates for drug dependent

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

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

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

  7  temporarily leave their child with a relative or other adult

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

  9  39.301(12) s. 39.301(8). The relative or other adult may be

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

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

12  purpose of this section is to provide an expeditious method

13  for such relatives or other responsible adults to obtain a

14  court order which allows them to provide consent for medical

15  treatment and otherwise advocate for the needs of the child

16  and to provide court review of such authorization.

17         Section 20.  The Department of Health, in consultation

18  with the Department of Children and Family Services and the

19  Florida Association of Counties, shall develop a plan for

20  submission to the Legislature describing the resources that

21  are necessary to provide adequate support for child protection

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

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

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

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

26  House of Representatives by October 1, 1999.

27         Section 21.  The Department of Children and Family

28  Services shall contract with an independent entity for the

29  purpose of evaluating the central abuse hotline within the

30  department to determine its effectiveness and efficiency in

31  performing its statutory responsibilities pursuant to chapter

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  1  39, Florida Statutes. This evaluation must include, but need

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

  3  criteria by which calls are accepted or denied. This

  4  evaluation must also address the need to monitor the central

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

  6  propose the monitoring process.

  7         Section 22.  There is appropriated to the Department of

  8  Children and Family Services, 8 full-time-equivalent positions

  9  and $878,031 from recurring General Revenue Funds, $457,896

10  from nonrecurring General Revenue Funds, and $515,825 from the

11  Federal Grants Trust Fund to implement sections 4, 21, and 23

12  of this act. There is appropriated to the Department of

13  Health, 3 full-time-equivalent positions and $2,413,234 from

14  recurring General Revenue Funds and $435,862 from nonrecurring

15  General Revenue Funds to implement sections 9 and 13 of this

16  act.

17         Section 23.  Full-time equivalent positions of the

18  Department of Children and Family Services which are directly

19  involved in the investigation of child abuse and neglect are

20  not subject to position-lapse adjustments included in the

21  General Appropriations Act or to agency imposed position-lapse

22  adjustments included in annual agency operating budgets. It is

23  the intent of the Legislature that such positions be promptly

24  filled and delays in hiring be kept to a minimum.

25         Section 24.  The Office of Program Policy Analysis and

26  Government Accountability is directed to analyze and report on

27  all cases for which an administrative review is conducted

28  under section 39.301(12)(c), Florida Statutes, and the

29  Department of Children and Family Services does not take the

30  child into custody or file a petition under chapter 39,

31  Florida Statutes. The analysis shall include, at a minimum, an

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  1  assessment of the characteristics of these children as

  2  compared to children who are taken into custody or for whom a

  3  petition is filed under section 39.301(12)(c), Florida

  4  Statutes, as a result of the administrative review and an

  5  assessment of each child's outcome in terms of whether any

  6  reports of known or suspected abuse, neglect, or abandonment

  7  are received.  The analysis of this and any other data

  8  identified and collected by the Office of Program Policy

  9  Analysis and Government Accountability is to be compiled

10  quarterly and submitted to the President of the Senate and the

11  Speaker of the House of Representatives by January 1, 2000,

12  and January 1, 2001. The Office of Program Policy Analysis and

13  Government Accountability and the Department of Children and

14  Family Services shall work cooperatively to develop a research

15  and data-collection design necessary to implement the

16  requirements of this section.

17         Section 25.  This act shall take effect July 1, 1999.

18

19

20

21

22

23

24

25

26

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 0338

  3

  4  Specifies that making a child unavailable to avoid a
    protective investigation does not constitute "harm" to a child
  5  when the court determines that the parent, legal custodian, or
    caregiver was fleeing from a situation involving domestic
  6  violence.

  7  Specifies that the district child protective investigator,
    rather than the central abuse hotline staff, must immediately
  8  notify the appropriate law enforcement agency in the county in
    which the known or suspected child abuse, abandonment, or
  9  neglect is believed to have occurred.

10  Allows the court to determine that other mitigating
    circumstances exist when determining whether a person is
11  guilty of a third degree felony for failing to report child
    abuse, abandonment, or neglect.
12
    Specifies that the Department of Children and Family Services
13  will establish an internal operating procedure, rather than a
    rule, that ensures that all required investigatory activities
14  are completed by the investigator, reviewed by the supervisor
    in a timely manner, signed and dated.
15
    Removes the provision relating to the child who is the subject
16  of an abuse report and receiving treatment in an emergency
    room from those conditions under which the Department of
17  Children and Family Services must adopt rules for the
    department to take the child into custody or to file a
18  petition with the court under ch. 39, F.S., for removal of the
    child from the home.
19
    Modifies the provision mandating that the department take a
20  child into custody or file a petition under ch. 39, F.S., when
    certain conditions are present by also providing for a
21  departmental review and maintenance of specified
    documentation.
22
    Requires that the Department of Children and Family Services
23  appoint a child abuse death review coordinator in each
    district and specifies their responsibilities.
24
    Removes the provision that required legal costs be borne by
25  the Department of Children and Family Services when a
    community-based agency files a dependency petition for a child
26  who is referred to them by the department or its agent.

27

28

29

30

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