House Bill 0855

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                 HB-855

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to child abuse and neglect;

  3         amending s. 39.301, F.S.; providing for

  4         determination by a child protective

  5         investigator as to whether a criminal

  6         investigation of certain allegations is

  7         warranted; specifying criteria for making such

  8         determinations; revising requirements for

  9         notification of the appropriate law enforcement

10         agency; providing for coordination of law

11         enforcement agency investigative activities

12         with the Department of Children and Family

13         Services; revising circumstances under which a

14         law enforcement agency shall document abuse or

15         neglect with photographs; providing an

16         effective date.

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

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20         Section 1.  Subsections (2) and (17) of section 39.301,

21  Florida Statutes, are amended to read:

22         39.301  Initiation of protective investigations.--

23         (2)(a)  Upon notification by the department's central

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

25  protective investigator shall determine whether a criminal

26  investigation is warranted using the following criteria:

27         1.  A child is known or suspected to be the victim of

28  child abuse, as defined in s. 827.03, or of neglect of a

29  child, as defined in s. 827.03.

30         2.  A child is known or suspected to have died as a

31  result of abuse or neglect.

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    Florida House of Representatives - 2000                 HB-855

    583-192-00






  1         3.  A child is known or suspected to be the victim of

  2  aggravated child abuse, as defined in s. 827.03.

  3         4.  A child is known or suspected to be the victim of

  4  sexual battery, as defined in s. 827.071, or of sexual abuse,

  5  as defined in s. 39.01.

  6         5.  A child is known or suspected to be the victim of

  7  institutional child abuse or neglect, as defined in s. 39.01,

  8  and as provided for in s. 39.302(1).

  9         (b)  When a case warrants criminal investigation under

10  any of the criteria in paragraph (a), the designated child

11  protective investigator shall immediately notify the

12  appropriate law enforcement agency of the jurisdiction county

13  in which the known or suspected child abuse, abandonment, or

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

15  report, the law enforcement agency must review the information

16  in the report to report and determine whether a criminal

17  investigation of the case is warranted. If the law enforcement

18  agency accepts the case for criminal investigation, it shall

19  coordinate its investigative activities with the department

20  whenever feasible. and, if so, shall conduct the criminal

21  investigation that shall be coordinated, whenever possible,

22  with the child protective investigation of the department or

23  its agent.

24         (17)  When a law enforcement agency conducts a criminal

25  investigation into allegations of child abuse, neglect, or

26  abandonment, photographs documenting the abuse or neglect

27  shall be taken when appropriate. is participating in an

28  investigation, the agency shall take photographs of the

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

30  of the investigative file.

31         Section 2.  This act shall take effect July 1, 2000.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB-855

    583-192-00






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  2                          HOUSE SUMMARY

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      Provides for determination by the Department of Children
  4    and Family Services child protective investigator as to
      whether a criminal investigation of child abuse or
  5    neglect allegations received over the department's abuse
      hotline is warranted. Specifies criteria for making such
  6    determinations. Provides for notification to the
      appropriate law enforcement agency and for coordination
  7    of such agency's investigative activities with the
      department. Revises circumstances under which photographs
  8    documenting child abuse or neglect shall be taken during
      a law enforcement agency's investigation.
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