Senate Bill 0338er
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1
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,
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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:
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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
28
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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
29
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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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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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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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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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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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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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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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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
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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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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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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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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.
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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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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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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
31
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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
31
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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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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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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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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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1 794.011(3) Life Sexual battery; victim 12 years
2 or older, offender uses or
3 threatens to use deadly weapon or
4 physical force to cause serious
5 injury.
6 876.32 1st Treason against the state.
7 Section 18. Paragraph (g) of subsection (2) of section
8 934.03, Florida Statutes, is amended to read:
9 934.03 Interception and disclosure of wire, oral, or
10 electronic communications prohibited.--
11 (2)
12 (g) It is lawful under ss. 934.03-934.09 for an
13 employee of:
14 1. An ambulance service licensed pursuant to s.
15 401.25, a fire station employing firefighters as defined by s.
16 633.30, a public utility as defined by ss. 365.01 and 366.02,
17 a law enforcement agency as defined by s. 934.02(10), or any
18 other entity with published emergency telephone numbers;, or
19 2. An agency operating an emergency telephone number
20 "911" system established pursuant to s. 365.171; or,
21 3. The central abuse hotline operated pursuant to s.
22 39.201,
23
24 to intercept and record incoming wire communications; however,
25 such employee may intercept and record incoming wire
26 communications on published emergency telephone numbers only.
27 It is also lawful for such employee to intercept and record
28 outgoing wire communications to the numbers from which such
29 incoming wire communications were placed when necessary to
30 obtain information required to provide the emergency services
31 being requested.
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1 Section 19. Section 39.823, Florida Statutes, 1998
2 Supplement, is amended to read:
3 39.823 Guardian advocates for drug dependent
4 newborns.--The Legislature finds that increasing numbers of
5 drug dependent children are born in this state. Because of
6 the parents' continued dependence upon drugs, the parents may
7 temporarily leave their child with a relative or other adult
8 or may have agreed to voluntary family services under s.
9 39.301(12) s. 39.301(8). The relative or other adult may be
10 left with a child who is likely to require medical treatment
11 but for whom they are unable to obtain medical treatment. The
12 purpose of this section is to provide an expeditious method
13 for such relatives or other responsible adults to obtain a
14 court order which allows them to provide consent for medical
15 treatment and otherwise advocate for the needs of the child
16 and to provide court review of such authorization.
17 Section 20. The Department of Health, in consultation
18 with the Department of Children and Family Services and the
19 Florida Association of Counties, shall develop a plan for
20 submission to the Legislature describing the resources that
21 are necessary to provide adequate support for child protection
22 teams in each county. The plan must specify those resources
23 that should be provided by the state and those that should be
24 provided by the county. The Department of Health shall submit
25 the plan to the President of the Senate and the Speaker of the
26 House of Representatives by October 1, 1999.
27 Section 21. The Department of Children and Family
28 Services shall contract with an independent entity for the
29 purpose of evaluating the central abuse hotline within the
30 department to determine its effectiveness and efficiency in
31 performing its statutory responsibilities pursuant to chapter
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1 39, Florida Statutes. This evaluation must include, but need
2 not be limited to, the criteria and the application of
3 criteria by which calls are accepted or denied. This
4 evaluation must also address the need to monitor the central
5 abuse hotline on an ongoing basis and, if recommended, must
6 propose the monitoring process.
7 Section 22. There is appropriated to the Department of
8 Children and Family Services 8 full-time-equivalent positions
9 and $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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CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1999 Legislature CS for CS for SB 338, 1st 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.
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