Senate Bill 0338e1

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  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 establish an

  8         internal operating procedure governing the

  9         completion of investigatory activities;

10         revising requirements for conducting risk

11         assessments and onsite child protective

12         investigations; authorizing the department to

13         conduct unannounced visits and interviews;

14         requiring that the department adopt rules

15         specifying criteria under which a child is

16         taken into custody, that a petition be filed

17         with the court, or that an administrative

18         review be held; requiring documentation;

19         requiring that law enforcement agencies

20         participating in an investigation take

21         photographs of the child's living environment

22         which shall be part of the investigative file;

23         requiring certain training; amending s. 39.302,

24         F.S.; authorizing the department to conduct

25         unannounced visits when conducting an

26         investigation; requiring that the department

27         conduct certain onsite visits; amending s.

28         39.303, F.S.; providing for a child protection

29         team to include a representative of the school

30         district; providing for medical evaluations in

31         certain cases of child abuse, abandonment, and


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  1         neglect; specifying additional conditions that

  2         must be evaluated by the child protection team;

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

  4         photographs be taken of visible trauma on a

  5         child which shall be part of the investigative

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

  7         local criminal history information that a law

  8         enforcement entity is authorized to share;

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

10         to order that a child remain in the

11         department's custody for an additional period

12         in order for the court to determine risk to the

13         child; requiring that the department provide

14         certain information to the court at the shelter

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

16         the State Child Abuse Death Review Committee;

17         providing for membership of the committee;

18         specifying the duties of the committee;

19         providing for terms of office; providing for

20         members of the committee to be reimbursed for

21         expenses; providing for counties to establish

22         local child abuse death review committees;

23         providing for membership and duties;

24         authorizing the review committees to have

25         access to information pertaining to the death

26         of a child; authorizing providers to charge a

27         specified fee; authorizing the State Child

28         Abuse Death Review Committee to issue

29         subpoenas; requiring the Department of Health

30         to administer the funds appropriated to operate

31         the review committees; requiring that the


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  1         Department of Children and Family Services

  2         appoint a child abuse death review coordinator

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

  4         requiring a case-transfer process; requiring

  5         that private providers furnish status reports

  6         to the Department of Children and Family

  7         Services; prohibiting a provider from

  8         discontinuing services without the department's

  9         written notification; requiring that contracts

10         between the department and community-based

11         agencies include provisions for dispute

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

13         that certain actions to assist an offender who

14         has committed child abuse, child neglect, or

15         the manslaughter or murder of a child under a

16         specified age constitute acting as an accessory

17         after the fact; providing penalties; amending

18         s. 827.03, F.S.; increasing the penalties

19         imposed for the offense of aggravated child

20         abuse; amending s. 921.0022, F.S., relating to

21         the offense severity ranking chart of the

22         Criminal Punishment Code; conforming provisions

23         to changes made by the act; amending s. 934.03,

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

25         record incoming wire communications; amending

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

27         for newborns; conforming a cross-reference to

28         changes made by the act; requiring the

29         Department of Health to develop a plan for

30         county child protection teams; requiring the

31         Department of Children and Family Services to


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  1         contract with an independent entity to evaluate

  2         the central abuse hotline; providing

  3         appropriations; providing for an analysis and

  4         report by the Office of Program Policy Analysis

  5         and Government Accountability; providing an

  6         effective date.

  7

  8         WHEREAS, national statistics indicate that 46 percent

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

10  prior contact with the state child protection agency, and

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

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

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

14         WHEREAS, 10 percent of the abused or neglected children

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

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

17  Family Services, and

18         WHEREAS, the Legislature abhors a child protection

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

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

21  killed, and

22         WHEREAS, the recent deaths of children in this state

23  which resulted from the maltreatment of children by their

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

25  enhance the protection of the health and safety of children

26  served by Florida's child protection system by means that

27  include strengthening the identification and assessment of

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

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

30  behavior, NOW, THEREFORE,

31


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

  2

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

  4  "Kayla McKean Child Protection Act."

  5         Section 2.  Legislative intent.--The Legislature

  6  intends to identify those gaps or shortcomings in the current

  7  child protection system, including those gaps or shortcomings

  8  in child protection services provided by the Department of

  9  Children and Family Services and its contract providers, by

10  child protection teams, by law enforcement agencies, by

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

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

13  neglect.

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

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

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

17         39.01  Definitions.--When used in this chapter, unless

18  the context otherwise requires:

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

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

21  the child's welfare:

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

23  impeding or avoiding a protective investigation unless the

24  court determines that the parent, legal custodian, or

25  caregiver was fleeing from a situation involving domestic

26  violence.

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

28  proceeding, dependency proceeding, or termination of parental

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

30  should receive notice of hearings involving the child,

31  including foster parents or caregivers, identified prospective


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  1  parents, grandparents entitled to priority for adoption

  2  consideration under s. 63.0425, actual custodians of the

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

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

  5  contract with the department to provide protective services

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

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

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

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

10  Florida Statutes, 1998 Supplement, are amended, and

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

12         39.201  Mandatory reports of child abuse, abandonment,

13  or neglect; mandatory reports of death; central abuse

14  hotline.--

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

16         (a)  Physician, osteopathic physician, medical

17  examiner, chiropractic physician, nurse, or hospital personnel

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

19  persons;

20         (b)  Health or mental health professional other than

21  one listed in paragraph (a);

22         (c)  Practitioner who relies solely on spiritual means

23  for healing;

24         (d)  School teacher or other school official or

25  personnel;

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

27  professional child care, foster care, residential, or

28  institutional worker; or

29         (f)  Law enforcement officer; or,

30         (g)  Judge,

31


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

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

  3  knowledge or suspicion to the department in the manner

  4  prescribed in subsection (2).

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

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

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

  8  department's central abuse hotline on the single statewide

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

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

11  the call shall be immediately electronically transferred to

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

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

14  suspected child abuse involving impregnation of a child under

15  16 years of age by a person 21 years of age or older solely

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

17  the appropriate county sheriff's office or other appropriate

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

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

20  reporting provisions of this subsection do not apply to health

21  care professionals or other persons who provide medical or

22  counseling services to pregnant children when such reporting

23  would interfere with the provision of medical services.

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

25  investigation any report received by the central abuse hotline

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

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

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

29  professional capacity, alleging harm as defined in s. 39.01.

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

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


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

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

  3  provided in s. 39.202.

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

  5  institutional child abuse or neglect shall be made and

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

  7  to this section.

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

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

10         1.  The department shall determine the age of the

11  alleged juvenile sexual offender if known.

12         2.  When the alleged juvenile sexual offender is 12

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

14  investigation of the report pursuant to this part, immediately

15  electronically transfer the call to the appropriate law

16  enforcement agency office by the central abuse hotline, and

17  send a written report of the allegation to the appropriate

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

19  report is made to the central abuse hotline.

20         3.  When the alleged juvenile sexual offender is 13

21  years of age or older, the department shall immediately

22  electronically transfer the call to the appropriate county

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

24  written report to the appropriate county sheriff's office

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

26  hotline.

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

28  training in encouraging reporters to provide their names when

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

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

31  department shall secure and install electronic equipment that


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  1  automatically provides to the hotline the number from which

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

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

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

  5  confidentiality as provided to the identity of the caller

  6  pursuant to s. 39.202.

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

  8  outgoing calls that are received or placed by the central

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

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

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

12  confidentiality as is provided to the identity of the caller

13  under s. 39.202.

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

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

16  shall be construed to remove or reduce the duty and

17  responsibility of any person, including any employee of the

18  privatization provider, to report a suspected or actual case

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

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

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

22  assurance program shall review reports to the hotline

23  involving three or more unaccepted reports on a single child

24  in order to detect such things as harassment and situations

25  that warrant an investigation because of the frequency or

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

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

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

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

30  Statutes, 1998 Supplement, is amended to read:

31


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  1         39.202  Confidentiality of reports and records in cases

  2  of child abuse or neglect.--

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

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

  5  other than employees of the department responsible for child

  6  protective services, the central abuse hotline, law

  7  enforcement, or the appropriate state attorney, without the

  8  written consent of the person reporting. This does not

  9  prohibit the subpoenaing of a person reporting child abuse,

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

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

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

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

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

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

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

17  39.201(1) who makes a report in his or her official capacity

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

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

20  reporter within 10 days after completing the child protective

21  investigation.

22         Section 6.  Section 39.205, Florida Statutes, 1998

23  Supplement, is amended to read:

24         39.205  Penalties relating to reporting of child abuse,

25  abandonment, or neglect.--

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

27  suspected child abuse, abandonment, or neglect and who

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

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

30  a misdemeanor of the first second degree, punishable as

31  provided in s. 775.082 or s. 775.083.


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

  2  of domestic violence or that other mitigating circumstances

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

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

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

  6  or aggravated child abuse, and knowingly and willfully fails

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

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

  9  s. 775.084.

10         (3)(2)  A person who knowingly and willfully makes

11  public or discloses any confidential information contained in

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

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

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

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

16         (4)(3)  The department shall establish procedures for

17  determining whether a false report of child abuse,

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

19  identifying information relating to such a report to the

20  appropriate law enforcement agency and shall report annually

21  to the Legislature the number of reports referred.

22         (5)(4)  If the department or its authorized agent has

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

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

25  refer the report to the local law enforcement agency having

26  jurisdiction for an investigation to determine whether

27  sufficient evidence exists to refer the case for prosecution

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

29  the pendency of the investigation by the local law enforcement

30  agency, the department must notify the local law enforcement

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


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  1  to, all subsequent reports concerning children in that same

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

  3  agency believes that there are indicators of abuse,

  4  abandonment, or neglect, it must immediately notify the

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

  6  the law enforcement agency finds sufficient evidence for

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

  8  to the appropriate state attorney for prosecution.

  9         (6)(5)  A person who knowing and willfully makes a

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

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

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

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

14  faith is immune from any liability under this subsection.

15         (7)(6)  Each state attorney shall establish and publish

16  written procedures to facilitate the prosecution of persons

17  under this section, and shall report to the Legislature

18  annually the number of complaints that have resulted in the

19  filing of an information or indictment and the disposition of

20  those complaints under this section.

21         Section 7.  Section 39.301, Florida Statutes, 1998

22  Supplement, is amended to read:

23         39.301  Initiation of protective investigations.--

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

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

26  abuse hotline shall determine if the report requires an

27  immediate onsite protective investigation. For reports

28  requiring an immediate onsite protective investigation, the

29  central abuse hotline shall immediately notify the

30  department's designated children and families district staff

31  responsible for protective investigations to ensure that an


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  1  onsite investigation is promptly initiated.  For reports not

  2  requiring an immediate onsite protective investigation, the

  3  central abuse hotline shall notify the department's designated

  4  children and families district staff responsible for

  5  protective investigations in sufficient time to allow for an

  6  investigation. At the time of notification of district staff

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

  8  also provide information on any previous report concerning a

  9  subject of the present report or any pertinent information

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

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

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

13  protective investigator shall immediately notify the

14  appropriate law enforcement agency of the county in which the

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

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

17  enforcement agency must review the report and determine

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

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

20  coordinated, whenever possible, with the child protective

21  investigation of the department or its agent.

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

23  each child whose report is accepted by the central abuse

24  hotline for investigation. Such file must contain information

25  concerning all reports received concerning that child. The

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

27  the department, or contract provider given responsibility for

28  conducting a protective investigation.

29         (4)  To the extent practical, all protective

30  investigations involving a child shall be conducted or the

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


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

  2  When a new investigator is assigned to investigate a second

  3  and subsequent report involving a child, a multidisciplinary

  4  staffing shall be conducted which includes new and prior

  5  investigators, their supervisors, and appropriate private

  6  providers in order to ensure that, to the extent possible,

  7  there is coordination among all parties. The department shall

  8  establish an internal operating procedure that ensures that

  9  all required investigatory activities, including a review of

10  the child's complete investigative and protective services

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

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

13  the investigator and the supervisor.

14         (5)(2)(a)  Upon commencing an investigation under this

15  part, the child protective investigator shall inform any

16  subject of the investigation of the following:

17         1.  The names of the investigators and identifying

18  credentials from the department.

19         2.  The purpose of the investigation.

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

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

22         4.  The possible outcomes and services of the

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

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

25  caregiver to be involved to the fullest extent possible in

26  determining the nature of the allegation and the nature of any

27  identified problem.

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

29  that protective investigators know how to fully inform

30  parents, guardians, and caregivers of their rights and

31  options, including opportunities for audio or video recording


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  1  of investigators' interviews with parents, guardians,

  2  caretakers, or children.

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

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

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

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

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

  8  adults in the household and an onsite assessment of the

  9  child's residence.

10         (7)(4)  Protective investigations shall be performed by

11  the department or its agent.

12         (8)(5)  The person responsible for the investigation

13  shall make a preliminary determination as to whether the

14  report or complaint is complete, consulting with the attorney

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

16  person responsible for the investigation finds that the report

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

18  delay to the person or agency originating the report or

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

20  appropriate law enforcement agency having investigative

21  jurisdiction, and request additional information in order to

22  complete the report or complaint; however, the confidentiality

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

24  be violated.

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

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

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

28  department shall file a petition for dependency.

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

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

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


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  1  treatment voluntarily accepted by the child and the parents,

  2  caregivers, or legal custodians, the protective investigator

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

  4         (c)  If the person conducting the investigation refuses

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

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

  7  to file a petition pursuant to this part.

  8         (9)(6)  For each report it receives, the department

  9  shall perform an onsite child protective investigation that

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

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

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

13         (a)  Determine the composition of the family or

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

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

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

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

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

19  household.

20         (b)  Determine whether there is indication that any

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

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

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

24  determination as to the person or persons apparently

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

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

27  and race of each such person.

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

29  child by conducting state and federal records checks,

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

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


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

  2  shall be used solely for purposes supporting the detection,

  3  apprehension, prosecution, pretrial release, posttrial

  4  release, or rehabilitation of criminal offenders or persons

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

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

  7  purpose. The department's child protection investigators are

  8  hereby designated a criminal justice agency for the purpose of

  9  accessing criminal justice information to be used for

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

11  abuse, abandonment, and neglect.

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

13  child through utilization of standardized risk assessment

14  instruments.

15         (e)  Based on the information obtained from the

16  caregiver, complete the risk assessment instrument within 48

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

18  plan.

19         (f)  Determine the protective, treatment, and

20  ameliorative services necessary to safeguard and ensure the

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

22  delivery of those services through the early intervention of

23  the department or its agent.

24         (10)(7)  If the department or its agent is denied

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

26  or caregivers and the department deems that the best interests

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

28  order or other legal authority prior to examining and

29  interviewing the child.

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

31  the child or family shall be unannounced unless it is


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  1  determined by the department or its agent or contract provider

  2  that such unannounced visit would threaten the safety of the

  3  child.

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

  5  that a child requires immediate or long-term protection

  6  through:

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

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

  9  supervision, or other services to stabilize the home

10  environment, including intensive family preservation services

11  through the Family Builders Program, the Intensive Crisis

12  Counseling Program, or both; or

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

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

15  legal guardians, or caregivers,

16

17  such services shall first be offered for voluntary acceptance

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

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

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

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

22  abuse or domestic violence.

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

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

25  responsibility of the department to protect the child

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

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

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

29  child into protective custody or petition the court as

30  provided in this chapter.

31


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  1         (c)  The department, in consultation with the

  2  judiciary, shall adopt by rule criteria that are factors

  3  requiring that the department take the child into custody,

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

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

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

  7  administrative review the department determines not to take

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

  9  shall document the reason for its decision in writing and

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

11  accepted by the local law enforcement agency pursuant to

12  subsection (2), the department must include in the file

13  written documentation that the administrative review included

14  input from law enforcement. In addition, for all cases that

15  must be referred to child protection teams pursuant to s.

16  39.303(2) and (3), the file must include written documentation

17  that the administrative review included the results of the

18  medical evaluation. Factors that must be included in the

19  development of the rule include noncompliance with the case

20  plan developed by the department, or its agent, and the family

21  under this chapter and prior abuse reports with findings that

22  involve the child or caregiver.

23         (13)(9)  When a child is taken into custody pursuant to

24  this section, the authorized agent of the department shall

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

26  disclose the names, relationships, and addresses of all

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

28  are known.

29         (14)(10)  No later than 30 days after receiving the

30  initial report, the local office of the department shall

31  complete its investigation.


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  1         (15)(11)  Immediately upon receipt of a report

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

  3  investigation, that:

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

  5  endangered;

  6         (b)  The family is likely to flee;

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

  8  neglect;

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

10  defined in s. 827.03; or

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

12  abuse,

13

14  the department shall orally notify the jurisdictionally

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

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

17  practicable, transmit the written report to those agencies.

18  The law enforcement agency shall review the report and

19  determine whether a criminal investigation needs to be

20  conducted and shall assume lead responsibility for all

21  criminal fact-finding activities.  A criminal investigation

22  shall be coordinated, whenever possible, with the child

23  protective investigation of the department. Any interested

24  person who has information regarding an offense described in

25  this subsection may forward a statement to the state attorney

26  as to whether prosecution is warranted and appropriate.

27         (16)(12)  In a child protective investigation or a

28  criminal investigation, when the initial interview with the

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

30  enforcement agency may allow, notwithstanding the provisions

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


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

  2  if:

  3         (a)  The department or law enforcement agency believes

  4  that the school instructional staff member could enhance the

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

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

  7  the school instructional staff member at the interview.

  8

  9  School instructional staff may only be present when authorized

10  by this subsection.  Information received during the interview

11  or from any other source regarding the alleged abuse or

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

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

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

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

16  school or school instructional staff member. Violation of this

17  subsection constitutes a misdemeanor of the second degree,

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

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

20  an investigation, the agency shall take photographs of the

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

22  of the investigative file.

23         (18)(13)  Within 15 days after the completion of the

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

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

26  to the department and shall include in such report a

27  determination of whether or not prosecution is justified and

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

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

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

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


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  1  level must include periodic reviews of cases handled within

  2  the district in order to identify weaknesses as well as

  3  examples of effective interventions that occurred at each

  4  point in the case.

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

  6  Statutes, 1998 Supplement, is amended to read:

  7         39.302  Protective investigations of institutional

  8  child abuse, abandonment, or neglect.--

  9         (1)  The department shall conduct a child protective

10  investigation of each report of institutional child abuse,

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

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

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

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

15  abandonment, or neglect, the department shall immediately

16  initiate a child protective investigation and orally notify

17  the appropriate state attorney, law enforcement agency, and

18  licensing agency.  These agencies shall immediately conduct a

19  joint investigation, unless independent investigations are

20  more feasible. When conducting investigations onsite or having

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

22  visits shall be unannounced unless it is determined by the

23  department or its agent that such unannounced visits would

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

25  from licensing, the department shall inform the owner or

26  operator of the facility of the report.  Each agency

27  conducting a joint investigation shall be entitled to full

28  access to the information gathered by the department in the

29  course of the investigation. A protective investigation must

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

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


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

  2  A criminal investigation shall be coordinated, whenever

  3  possible, with the child protective investigation of the

  4  department. Any interested person who has information

  5  regarding the offenses described in this subsection may

  6  forward a statement to the state attorney as to whether

  7  prosecution is warranted and appropriate. Within 15 days after

  8  the completion of the investigation, the state attorney shall

  9  report the findings to the department and shall include in

10  such report a determination of whether or not prosecution is

11  justified and appropriate in view of the circumstances of the

12  specific case.

13         Section 9.  Section 39.303, Florida Statutes, 1998

14  Supplement, is amended to read:

15         39.303  Child protection teams; services; eligible

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

17  Department of Health shall develop, maintain, and coordinate

18  the services of one or more multidisciplinary child protection

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

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

21  appropriate representatives of school districts and

22  appropriate health, mental health, social service, legal

23  service, and law enforcement agencies. The Legislature finds

24  that optimal coordination of child protection teams and sexual

25  abuse treatment programs requires collaboration between the

26  Department of Health and the Department of Children and Family

27  Services. The two departments shall maintain an interagency

28  agreement that establishes protocols for oversight and

29  operations of child protection teams and sexual abuse

30  treatment programs. The Secretary of Health and the Deputy

31  Secretary for Children's Medical Services, in consultation


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  1  with the Secretary of Children and Family Services, shall

  2  maintain the responsibility for the screening, employment,

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

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

  5  Child protection team medical directors shall be responsible

  6  for oversight of the teams in the districts.

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

  8  the teams to supplement the assessment and protective

  9  supervision activities of the family safety and preservation

10  program of the Department of Children and Family Services.

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

12  the duty and responsibility of any person to report pursuant

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

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

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

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

17  appropriate to abused, abandoned, and neglected children upon

18  referral.  The specialized diagnostic assessment, evaluation,

19  coordination, consultation, and other supportive services that

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

21  but are not limited to, the following:

22         (a)  Medical diagnosis and evaluation services,

23  including provision or interpretation of X rays and laboratory

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

25  findings relative thereto.

26         (b)  Telephone consultation services in emergencies and

27  in other situations.

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

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

30  Health.

31


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  1         (d)  Such psychological and psychiatric diagnosis and

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

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

  4  or any other individual involved in a child abuse,

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

  6  needed.

  7         (e)  Expert medical, psychological, and related

  8  professional testimony in court cases.

  9         (f)  Case staffings to develop treatment plans for

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

11  protection team may provide consultation with respect to a

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

13  neglected, which consultation shall be provided at the request

14  of a representative of the family safety and preservation

15  program or at the request of any other professional involved

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

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

18  protection team case staffing, consultation, or staff activity

19  involving a child, a family safety and preservation program

20  representative shall attend and participate.

21         (g)  Case service coordination and assistance,

22  including the location of services available from other public

23  and private agencies in the community.

24         (h)  Such training services for program and other

25  employees of the Department of Children and Family Services,

26  employees of the Department of Health, and other medical

27  professionals as is deemed appropriate to enable them to

28  develop and maintain their professional skills and abilities

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

30         (i)  Educational and community awareness campaigns on

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


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  1  citizens more successfully to prevent, identify, and treat

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

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

  4  cases that must be referred are appropriate for referral by

  5  the Department of Children and Family Services family safety

  6  and preservation program to child protection teams of the

  7  Department of Health for medical evaluation and available

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

  9  but are not limited to, cases involving:

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

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

12         (b)  Unexplained or implausibly explained bruises,

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

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

15  anal penetration is alleged or in which other unlawful sexual

16  conduct has been determined to have occurred.

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

18  transmitted disease, in a prepubescent child.

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

20  a child to thrive.

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

22  neglect of a child.

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

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

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

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

27  sibling or other child remains in the home.

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

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

30  is suspected.

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


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  1         (3)  All abuse and neglect cases transmitted for

  2  investigation to a district by the hotline must be

  3  simultaneously transmitted to the Department of Health child

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

  5  protection team which meet the criteria in subsection (2) must

  6  be timely reviewed by a board-certified pediatrician or

  7  registered nurse practitioner under the supervision of such

  8  pediatrician for the purpose of determining whether a

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

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

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

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

13  consultation between the child protection team board-certified

14  pediatrician or nurse practitioner and the examining physician

15  concludes that a further medical evaluation is unnecessary.

16         (4)(3)  In all instances in which a child protection

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

18  neglected children, other offices and units of the Department

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

20  and Family Services, shall avoid duplicating the provision of

21  those services.

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

23  Statutes, 1998 Supplement, is amended to read:

24         39.304  Photographs, medical examinations, X rays, and

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

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

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

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

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

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

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


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  1  areas of trauma visible on the child. Such photographs, or

  2  duplicates thereof, shall be provided to the department for

  3  inclusion in the investigative file and shall become part of

  4  that file.

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

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

  7  complains or otherwise exhibits distress as a result of injury

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

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

10  investigate may cause the child to be referred for diagnosis

11  to a licensed physician or an emergency department in a

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

13  caregiver, or legal custodian.  Such examination may be

14  performed by an advanced registered nurse practitioner

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

16  advanced registered nurse practitioner licensed pursuant to

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

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

19  may authorize a radiological examination to be performed on

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

21  caregiver, or legal custodian.

22         Section 11.  Section 39.306, Florida Statutes, 1998

23  Supplement, is amended to read:

24         39.306  Child protective investigations; working

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

26  enter into agreements with the jurisdictionally responsible

27  county sheriffs' offices and local police departments that

28  will assume the lead in conducting any potential criminal

29  investigations arising from allegations of child abuse,

30  abandonment, or neglect. The written agreement must specify

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


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  1  purposes of such agreement, the jurisdictionally responsible

  2  law enforcement entity is authorized to share Florida criminal

  3  history and local criminal history information that is not

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

  5  personnel, authorized agent, or contract provider directly

  6  responsible for the child protective investigation and

  7  emergency child placement. The agencies entering into such

  8  agreement must comply with s. 943.0525. Criminal justice

  9  information provided by such law enforcement entity shall be

10  used only for the purposes specified in the agreement and

11  shall be provided at no charge. Notwithstanding any other

12  provision of law, the Department of Law Enforcement shall

13  provide to the department electronic access to Florida

14  criminal justice information which is lawfully available and

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

16  protective investigations and emergency child placement.  As a

17  condition of access to such information, the department shall

18  be required to execute an appropriate user agreement

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

20  such information and to comply with all applicable laws and

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

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

23  Statutes, 1998 Supplement, is amended to read:

24         39.402  Placement in a shelter.--

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

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

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

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

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

30  protective investigator.

31


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

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

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

  4  provide notice to a party or participant does not invalidate

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

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

  7  notice. The court shall require the parents or legal

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

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

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

11  far as are known.

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

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

14  unless the court finds that such representation is

15  unnecessary;

16         2.  Inform the parents or legal custodians of their

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

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

19  parents to appointed counsel, pursuant to the procedures set

20  forth in s. 39.013; and

21         3.  Give the parents or legal custodians an opportunity

22  to be heard and to present evidence.

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

24  child in shelter care:

25         1.  The department must establish probable cause that

26  reasonable grounds for removal exist and that the provision of

27  appropriate and available services will not eliminate the need

28  for placement; or.

29         2.  The court must determine that additional time is

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

31  and review documents pertaining to the family in order to


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  1  appropriately determine the risk to the child during which

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

  3  ordered by the court.

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

  5  provide the court copies of any available law enforcement,

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

  7  copies of abuse hotline reports pursuant to state and federal

  8  confidentiality requirements.

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

10  inform the court of:

11         1.  Any current or previous case plans negotiated in

12  any district with the parents or caregivers under this chapter

13  and problems associated with compliance;

14         2.  Any adjudication of the parents or caregivers of

15  delinquency;

16         3.  Any past or current injunction for protection from

17  domestic violence; and

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

19  prior 12 months.

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

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

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

23  court and the petitioner for notice purposes unless and until

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

25  a new mailing address.

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

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

28  contain written findings:

29         1.  That placement in shelter care is necessary based

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

31


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

  2  interest of the child.

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

  4  contrary to the welfare of the child because the home

  5  situation presents a substantial and immediate danger to the

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

  7  cannot be mitigated by the provision of preventive services.

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

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

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

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

12  review documents pertaining to the family in order to

13  appropriately determine the risk to the child.

14         5.  That the department has made reasonable efforts to

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

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

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

18  department is deemed to have made reasonable efforts to

19  prevent or eliminate the need for removal if:

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

21  occurs during an emergency.

22         b.  The appraisal of the home situation by the

23  department indicates that the home situation presents a

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

25  mental, or emotional health or safety which cannot be

26  mitigated by the provision of preventive services.

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

28  because there are no preventive services that can ensure the

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

30  appropriate and available services being provided, the health

31  and safety of the child cannot be ensured.


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  1         6.  That the court notified the parents or legal

  2  custodians of the subsequent dependency proceedings, including

  3  scheduled hearings, and of the importance of the active

  4  participation of the parents or legal custodians in those

  5  subsequent proceedings and hearings.

  6         7.  That the court notified the parents or legal

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

  8  shelter hearing and at each subsequent hearing or proceeding,

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

10  the procedures set forth in s. 39.013.

11         Section 13.  Section 383.402, Florida Statutes, is

12  created to read:

13         383.402  Child abuse death review; State Child Abuse

14  Death Review Committee; local child abuse death review

15  committees.--

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

17  statewide multidisciplinary, multiagency child abuse death

18  assessment and prevention system that consists of state and

19  local review committees. The state and local review committees

20  shall review the facts and circumstances of all deaths of

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

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

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

24  abuse hotline within the Department of Children and Family

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

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

27  contributing factors of deaths resulting from child abuse.

28         (b)  Whenever possible, develop a communitywide

29  approach to address such cases and contributing factors.

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

31  the delivery of services to children and their families by


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    CS for CS for SB 338                           First Engrossed



  1  public and private agencies which may be related to deaths

  2  that are the result of child abuse.

  3         (d)  Make and implement recommendations for changes in

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

  5  standards that support the safe and healthy development of

  6  children and reduce preventable child abuse deaths.

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

  8  established within the Department of Health and shall consist

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

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

11  committee coordinator. The head of each of the following

12  agencies or organizations shall also appoint a representative

13  to the state committee:

14         1.  The Department of Legal Affairs.

15         2.  The Department of Children and Family Services.

16         3.  The Department of Law Enforcement.

17         4.  The Department of Education.

18         5.  The Florida Prosecuting Attorneys Association, Inc.

19         6.  The Florida Medical Examiners Commission, whose

20  representative must be a forensic pathologist.

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

22  the following members to the state committee, based on

23  recommendations from the Department of Health and the agencies

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

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

26  state to the greatest extent possible:

27         1.  A board-certified pediatrician.

28         2.  A public health nurse.

29         3.  A mental health professional who treats children or

30  adolescents.

31


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    CS for CS for SB 338                           First Engrossed



  1         4.  An employee of the Department of Children and

  2  Family Services who supervises family services counselors and

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

  4  investigations.

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

  6         6.  A member of a child advocacy organization.

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

  8  victims and perpetrators of child abuse.

  9         8.  A person trained as a paraprofessional in patient

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

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

12  of experience in children's issues.

13         10.  A representative of the Florida Coalition Against

14  Domestic Violence.

15         11.  A representative from a private provider of

16  programs on preventing child abuse and neglect.

17         (3)  The State Child Abuse Death Review Committee

18  shall:

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

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

21  protocol for the uniform collection of data statewide, which

22  uses existing data-collection systems to the greatest extent

23  possible.

24         (b)  Provide training to cooperating agencies,

25  individuals, and local child abuse death review committees on

26  the use of the child abuse death data system.

27         (c)  Prepare an annual statistical report on the

28  incidence and causes of death resulting from child abuse in

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

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

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


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    CS for CS for SB 338                           First Engrossed



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

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

  3  recommendations for state and local action, including specific

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

  5  other recommended preventive action.

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

  7  abuse death review committees.

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

  9  including a protocol for data collection, for local child

10  abuse death review committees, and provide training and

11  technical assistance to local committees.

12         (f)  Develop guidelines for reviewing deaths that are

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

14  law enforcement agencies, prosecutors, medical examiners,

15  health care practitioners, health care facilities, and social

16  service agencies.

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

18  services to determine what changes are needed to decrease the

19  incidence of child abuse deaths and develop strategies and

20  recruit partners to implement these changes.

21         (h)  Provide consultation on individual cases to local

22  committees upon request.

23         (i)  Educate the public regarding the Kayla McKean

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

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

26         (j)  Promote continuing education for professionals who

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

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

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

30  neglect.

31


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    CS for CS for SB 338                           First Engrossed



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

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

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

  4  eligible for reappointment. The state committee shall elect a

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

  6  and the chairperson may appoint ad hoc committees as necessary

  7  to carry out the duties of the committee.

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

  9  compensation but are entitled to reimbursement for per diem

10  and travel expenses incurred in the performance of their

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

12  are available.

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

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

15  two or more county health departments by agreement, may

16  convene and support a county or multicounty child abuse death

17  review committee in accordance with the protocols established

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

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

20  designee, and any other members that are determined by

21  guidelines developed by the State Child Abuse Death Review

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

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

24  shall elect a chairperson from among its members. Members

25  shall serve without compensation but are entitled to

26  reimbursement for per diem and travel expenses incurred in the

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

28  the extent that funds are available.

29         (7)  Each local child abuse death review committee

30  shall:

31


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    CS for CS for SB 338                           First Engrossed



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

  2  are reported to the Office of Vital Statistics.

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

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

  5  the protocol established by the state committee.

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

  7  state committee. The reports must include nonidentifying

  8  information on individual cases and the steps taken by the

  9  local committee and private and public agencies to implement

10  necessary changes and improve the coordination of services and

11  reviews.

12         (d)  Submit all records requested by the state

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

14  from child abuse.

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

16  the state committee.

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

18  committee review the data of a particular case.

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

20  the State Child Abuse Death Review Committee, or the

21  chairperson of a local committee, shall be provided with

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

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

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

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

26  follows:

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

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

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

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

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


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    CS for CS for SB 338                           First Engrossed



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

  2  records and $1 per fiche for microfiche records.

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

  4  political subdivision which might assist a committee in

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

  6  information or records of the Department of Children and

  7  Family Services, the Department of Health, the Department of

  8  Education, or the Department of Juvenile Justice.

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

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

11  enforcement agency which is not the subject of an active

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

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

14  not subject to public disclosure by the law enforcement

15  agency, and active criminal intelligence information or

16  criminal investigative information, as defined in s.

17  119.011(3), may not be made available for review or access

18  under this section.

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

20  share any relevant information that pertains to the review of

21  the death of a child.

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

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

24  request or subpoena directly from a member of a deceased

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

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

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

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

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

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

31


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    CS for CS for SB 338                           First Engrossed



  1  voluntarily provide records or information to the state

  2  committee or a local committee.

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

  4  Review Committee may require the production of records by

  5  requesting a subpoena, through the Department of Legal

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

  7  effective throughout the state and may be served by any

  8  sheriff. Failure to obey the subpoena is punishable as

  9  provided by law.

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

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

12  any grand jury proceedings.

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

14  committee or a local committee or who has otherwise

15  participated in activities authorized by this section may not

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

17  administrative proceeding as to any records or information

18  produced or presented to a committee during meetings or other

19  activities authorized by this section. However, this

20  subsection does not prevent any person who testifies before

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

22  testifying as to matters otherwise within his or her

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

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

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

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

27  other civil or criminal or administrative recourse. This

28  subsection does not apply to any person who admits to

29  committing a crime.

30

31


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    CS for CS for SB 338                           First Engrossed



  1         (15)  The Department of Health shall administer the

  2  funds appropriated to operate the review committees and may

  3  apply for grants and accept donations.

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

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

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

  7  used to reimburse reasonable expenses of the staff and

  8  consultants for the state committee and the local committees.

  9         (17)  For the purpose of carrying out the

10  responsibilities assigned to the State Child Abuse Death

11  Review Committee and the local review committees, the

12  Secretary of Health may substitute an existing entity whose

13  function and organization include the function and

14  organization of the committees established by this section.

15         (18)  Each district administrator of the Department of

16  Children and Family Services must appoint a child abuse death

17  review coordinator for the district. The coordinator must have

18  knowledge and expertise in the area of child abuse and

19  neglect. The coordinator's general responsibilities include:

20         (a)  Coordinating with the local child abuse death

21  review committee.

22         (b)  Ensuring the appropriate implementation of the

23  child abuse death review process and all district activities

24  related to the review of child abuse deaths.

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

26  reviews are thorough and that all issues are appropriately

27  addressed.

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

29  covered by this procedure and tracking cases during the child

30  abuse death review process.

31


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    CS for CS for SB 338                           First Engrossed



  1         (e)  Conducting or arranging for a Florida Abuse

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

  3  abuse deaths covered by this procedure to determine whether

  4  there were any prior reports concerning the child or

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

  6  home.

  7         (f)  Coordinating child abuse death review activities,

  8  as needed, with individuals in the community and the

  9  Department of Health.

10         (g)  Notifying the district administrator, the

11  Secretary of Children and Family Services, and the Deputy

12  Secretary of Children's Medical Services Assistant Health

13  Officer of all child abuse deaths meeting criteria for review

14  as specified in this section within 1 working day after

15  learning of the child's death.

16         (h)  Ensuring that all critical issues identified by

17  the local child abuse death review committee are brought to

18  the attention of the district administrator and the Secretary

19  of Children and Family Services.

20         (i)  Providing technical assistance to the local child

21  abuse death review committee during the review of any child

22  abuse death.

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

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

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

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

27  section, to read:

28         409.1671  Foster care and related services;

29  privatization.--

30         (3)(a)  In order to help ensure a seamless child

31  protection system, the department shall ensure that contracts


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    CS for CS for SB 338                           First Engrossed



  1  entered into with community-based agencies pursuant to this

  2  section include provisions for a case-transfer process to

  3  determine the date that the community-based agency will

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

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

  6  protective investigation and the initiation of service

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

  8  provide a complete summary of the findings of the

  9  investigation to the community-based agency.

10         (b)  The contracts must also ensure that each

11  community-based agency shall furnish regular status reports of

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

13  provider may not discontinue services without prior written

14  notification to the department. After discontinuing services

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

16  must provide a written case summary, including its assessment

17  of the child and family, to the department.

18         (c)  The annual contract between the department and

19  community-based agencies must include provisions that specify

20  the procedures to be used by the parties to resolve

21  differences in interpreting the contract or to resolve

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

23  their respective obligations under the contract.

24         Section 15.  Section 777.03, Florida Statutes, as

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

26  amended to read:

27         777.03  Accessory after the fact.--

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

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

30  brother or sister, by consanguinity or affinity to the

31  offender, who maintains or assists the principal or accessory


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    CS for CS for SB 338                           First Engrossed



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

  2  that the offender had committed a felony or been accessory

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

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

  5  accessory after the fact.

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

  7  offender, who maintains or assists the principal or accessory

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

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

10  neglect of a child, aggravated child abuse, aggravated

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

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

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

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

15  accessory after the fact unless the court finds that the

16  person is a victim of domestic violence.

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

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

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

20  775.083, or s. 775.084.

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

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

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

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

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

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

27  3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

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

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

30  775.083, or s. 775.084.

31


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    CS for CS for SB 338                           First Engrossed



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

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

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

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

  5  775.082, s. 775.083, or s. 775.084.

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

  7  purposes of sentencing under chapter 921 and determining

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

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

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

11  committed.

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

13  Statutes, is amended to read:

14         827.03  Abuse, aggravated abuse, and neglect of a

15  child; penalties.--

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

17         (a)  Commits aggravated battery on a child;

18         (b)  Willfully tortures, maliciously punishes, or

19  willfully and unlawfully cages a child; or

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

21  doing causes great bodily harm, permanent disability, or

22  permanent disfigurement to the child.

23

24  A person who commits aggravated child abuse commits a felony

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

26  775.082, s. 775.083, or s. 775.084.

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

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

29  are amended to read:

30         921.0022  Criminal Punishment Code; offense severity

31  ranking chart.--


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    CS for CS for SB 338                           First Engrossed



  1         (3)  OFFENSE SEVERITY RANKING CHART

  2

  3  Florida           Felony

  4  Statute           Degree             Description

  5

  6

  7                              (h)  LEVEL 8

  8  316.193

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

10  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

11  777.03(2)(a)       1st      Accessory after the fact, capital

12                              felony.

13  782.04(4)          2nd      Killing of human without design

14                              when engaged in act or attempt of

15                              any felony other than arson,

16                              sexual battery, robbery,

17                              burglary, kidnapping, aircraft

18                              piracy, or unlawfully discharging

19                              bomb.

20  782.051(2)         1st      Attempted felony murder while

21                              perpetrating or attempting to

22                              perpetrate a felony not

23                              enumerated in s. 782.04(3).

24  782.071(2)         2nd      Committing vehicular homicide and

25                              failing to render aid or give

26                              information.

27  782.072(2)         2nd      Committing vessel homicide and

28                              failing to render aid or give

29                              information.

30

31


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    CS for CS for SB 338                           First Engrossed



  1  790.161(3)         1st      Discharging a destructive device

  2                              which results in bodily harm or

  3                              property damage.

  4  794.011(5)         2nd      Sexual battery, victim 12 years

  5                              or over, offender does not use

  6                              physical force likely to cause

  7                              serious injury.

  8  806.01(1)          1st      Maliciously damage dwelling or

  9                              structure by fire or explosive,

10                              believing person in structure.

11  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

12  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

13                              or dangerous weapon.

14  810.02(2)(c)       1st      Burglary of a dwelling or

15                              structure causing structural

16                              damage or $1,000 or more property

17                              damage.

18  812.13(2)(b)       1st      Robbery with a weapon.

19  812.135(2)         1st      Home-invasion robbery.

20  825.102(2)         2nd      Aggravated abuse of an elderly

21                              person or disabled adult.

22  825.103(2)(a)      1st      Exploiting an elderly person or

23                              disabled adult and property is

24                              valued at $100,000 or more.

25  827.03(2)          2nd      Aggravated child abuse.

26  837.02(2)          2nd      Perjury in official proceedings

27                              relating to prosecution of a

28                              capital felony.

29

30

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    CS for CS for SB 338                           First Engrossed



  1  837.021(2)         2nd      Making contradictory statements

  2                              in official proceedings relating

  3                              to prosecution of a capital

  4                              felony.

  5  860.121(2)(c)      1st      Shooting at or throwing any

  6                              object in path of railroad

  7                              vehicle resulting in great bodily

  8                              harm.

  9  860.16             1st      Aircraft piracy.

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

11                              grams of any substance specified

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

13  893.13(2)(b)       1st      Purchase in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.13(6)(c)       1st      Possess in excess of 10 grams of

17                              any substance specified in s.

18                              893.03(1)(a) or (b).

19  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

21                              lbs.

22  893.135

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

24                              200 grams, less than 400 grams.

25  893.135

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

27                              more than 14 grams, less than 28

28                              grams.

29

30

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    CS for CS for SB 338                           First Engrossed



  1  893.135

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

  3                              more than 200 grams, less than

  4                              400 grams.

  5  893.135

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

  7                              than 5 kilograms, less than 25

  8                              kilograms.

  9  893.135

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

11                              than 28 grams, less than 200

12                              grams.

13  893.135

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

15                              grams or more, less than 28

16                              grams.

17  895.03(1)          1st      Use or invest proceeds derived

18                              from pattern of racketeering

19                              activity.

20  895.03(2)          1st      Acquire or maintain through

21                              racketeering activity any

22                              interest in or control of any

23                              enterprise or real property.

24  895.03(3)          1st      Conduct or participate in any

25                              enterprise through pattern of

26                              racketeering activity.

27                              (i)  LEVEL 9

28  316.193

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

30                              render aid or give information.

31


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    CS for CS for SB 338                           First Engrossed



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

  2                              commit premeditated murder.

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

  4                              connection with arson, sexual

  5                              battery, robbery, burglary, and

  6                              other specified felonies.

  7  782.051(1)         1st      Attempted felony murder while

  8                              perpetrating or attempting to

  9                              perpetrate a felony enumerated in

10                              s. 782.04(3).

11  782.07(2)          1st      Aggravated manslaughter of an

12                              elderly person or disabled adult.

13  782.07(3)          1st      Aggravated manslaughter of a

14                              child.

15  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

16                              reward or as a shield or hostage.

17  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

18                              or facilitate commission of any

19                              felony.

20  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

21                              interfere with performance of any

22                              governmental or political

23                              function.

24  787.02(3)(a)       1st      False imprisonment; child under

25                              age 13; perpetrator also commits

26                              child abuse, sexual battery,

27                              lewd, or lascivious act, etc.

28  790.161            1st      Attempted capital destructive

29                              device offense.

30  794.011(2)         1st      Attempted sexual battery; victim

31                              less than 12 years of age.


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    CS for CS for SB 338                           First Engrossed



  1  794.011(2)         Life     Sexual battery; offender younger

  2                              than 18 years and commits sexual

  3                              battery on a person less than 12

  4                              years.

  5  794.011(4)         1st      Sexual battery; victim 12 years

  6                              or older, certain circumstances.

  7  794.011(8)(b)      1st      Sexual battery; engage in sexual

  8                              conduct with minor 12 to 18 years

  9                              by person in familial or

10                              custodial authority.

11  812.13(2)(a)       1st,PBL  Robbery with firearm or other

12                              deadly weapon.

13  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

14                              deadly weapon.

15  827.03(2)          1st      Aggravated child abuse.

16  847.0145(1)        1st      Selling, or otherwise

17                              transferring custody or control,

18                              of a minor.

19  847.0145(2)        1st      Purchasing, or otherwise

20                              obtaining custody or control, of

21                              a minor.

22  859.01             1st      Poisoning food, drink, medicine,

23                              or water with intent to kill or

24                              injure another person.

25  893.135            1st      Attempted capital trafficking

26                              offense.

27  893.135(1)(a)3.    1st      Trafficking in cannabis, more

28                              than 10,000 lbs.

29

30

31


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    CS for CS for SB 338                           First Engrossed



  1  893.135

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

  3                              400 grams, less than 150

  4                              kilograms.

  5  893.135

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

  7                              more than 28 grams, less than 30

  8                              kilograms.

  9  893.135

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

11                              more than 400 grams.

12  893.135

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

14                              than 25 kilograms.

15  893.135

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

17                              than 200 grams.

18                              (j)  LEVEL 10

19  782.04(2)          1st,PBL  Unlawful killing of human; act is

20                              homicide, unpremeditated.

21  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

22                              upon or terrorize victim.

23  787.01(3)(a)       Life     Kidnapping; child under age 13,

24                              perpetrator also commits child

25                              abuse, sexual battery, lewd, or

26                              lascivious act, etc.

27  782.07(3)          1st      Aggravated manslaughter of a

28                              child.

29

30

31


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    CS for CS for SB 338                           First Engrossed



  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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    CS for CS for SB 338                           First Engrossed



  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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    CS for CS for SB 338                           First Engrossed



  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 $216,931 from recurring General Revenue Funds, $457,896

10  from nonrecurring General Revenue Funds, and $155,764 from the

11  Federal Grants Trust Fund to implement sections 4 and 21 of

12  this act. There is appropriated to the Department of Health 3

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

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

15  Revenue Funds to implement sections 9 and 13 of this act.

16         Section 23.  The Office of Program Policy Analysis and

17  Government Accountability is directed to analyze and report on

18  all cases for which an administrative review is conducted

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

20  Department of Children and Family Services does not take the

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

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

23  assessment of the characteristics of these children as

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

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

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

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

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

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

30  identified and collected by the Office of Program Policy

31  Analysis and Government Accountability is to be compiled


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    CS for CS for SB 338                           First Engrossed



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

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

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

  4  Government Accountability and the Department of Children and

  5  Family Services shall work cooperatively to develop a research

  6  and data-collection design necessary to implement the

  7  requirements of this section.

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

  9

10

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