House Bill 0855c2

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    Florida House of Representatives - 2000           CS/CS/HB 855

        By the Committees on Law Enforcement & Crime Prevention,
    Family Law & Children and Representatives Murman, Sublette,
    Bullard, Dockery and Brown




  1                      A bill to be entitled

  2         An act relating to child welfare; amending s.

  3         39.201, F.S.; revising confidentiality of

  4         recorded central abuse hotline calls relating

  5         to child abuse, neglect, or abandonment;

  6         providing circumstances in which an officer or

  7         employee of the judicial branch is not required

  8         to report child abuse, abandonment, or neglect;

  9         providing clarifying language for

10         community-based care providers of foster care

11         and related services; amending s. 39.202, F.S.;

12         providing for the inclusion of the child

13         protection team in the list of those to whom an

14         alleged abuse reporter's name may be released;

15         amending s. 39.205, F.S.; exempting judges from

16         prosecution for failure to report; amending s.

17         39.301, F.S., relating to protective

18         investigation; providing procedures pursuant to

19         allegations of criminal conduct; providing for

20         criminal investigation by local law enforcement

21         agencies; clarifying that the age of parents

22         shall be factored into risk assessments;

23         changing certain time requirements; amending s.

24         39.303, F.S.; specifying additional supportive

25         services to be provided by child protection

26         teams; requiring certain training for medical

27         personnel participating in a child protection

28         team; revising reports of abuse, abandonment,

29         or neglect that must be referred to the

30         Department of Health for supportive services;

31         revising requirements relating to review of

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  1         certain cases of abuse, abandonment, or neglect

  2         and standards for face-to-face medical

  3         evaluations by a child protection team;

  4         requiring collaboration between certain state

  5         agencies relating to reports of child abuse,

  6         abandonment, and neglect; amending s. 39.304,

  7         F.S.; providing for disposition of

  8         investigative photographs of physical abuse

  9         injuries and sexual abuse trauma; amending s.

10         39.402, F.S.; clarifying that the court must be

11         informed of identified case plans at shelter

12         hearings; amending s. 383.402, F.S.; revising

13         duties of the state and local child abuse death

14         review committees and district coordinators;

15         amending s. 409.1671, F.S.; deleting

16         requirement that the case-transfer process for

17         contracts with community-based agencies for

18         provision of foster care and related services

19         identify closure of protective investigations;

20         requiring a report at the conclusion of the

21         investigation; providing an effective date.

22

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

24

25         Section 1.  Paragraph (g) of subsection (2) and

26  subsections (7), (8), and (9) of section 39.201, Florida

27  Statutes, are amended to read:

28         39.201  Mandatory reports of child abuse, abandonment,

29  or neglect; mandatory reports of death; central abuse

30  hotline.--

31         (2)

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

  2  outgoing calls that are received or placed by the central

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

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

  5  the record of the report, but, not withstanding s. 39.202,

  6  shall be released in full only to law enforcement agencies and

  7  state attorneys for the purpose of investigating and

  8  prosecuting criminal charges pursuant to s. 39.205, or to

  9  employees of the department for the purpose of investigating

10  and seeking administrative penalties pursuant to s. 39.206 is

11  subject to the same confidentiality as is provided to the

12  identity of the caller under s. 39.202. Nothing in this

13  paragraph shall prohibit the use of the recordings by hotline

14  staff for quality assurance and training.

15         (7)(a)  This section does not require a professional

16  who is hired by or enters into a contract with the department

17  for the purpose of treating or counseling any person, as a

18  result of a report of child abuse, abandonment, or neglect, to

19  again report to the central abuse hotline the abuse,

20  abandonment, or neglect that was the subject of the referral

21  for treatment.

22         (b)  This section does not require an officer or

23  employee of the judicial branch to again provide notice of

24  reasonable cause to suspect child abuse, abandonment, or

25  neglect when that child is currently being investigated by the

26  department, there is an existing dependency case, or the

27  matter has previously been reported to the department,

28  provided there is reasonable cause to believe the information

29  is already known to the department.  This paragraph applies

30  only when the information has been provided to the officer or

31  employee in the course of official duties.

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  1         (8)  Nothing in this chapter or in the contracting with

  2  community-based care providers for privatization of foster

  3  care and related services as specified in s. 409.1671 shall be

  4  construed to remove or reduce the duty and responsibility of

  5  any person, including any employee of the community-based care

  6  privatization provider, to report a suspected or actual case

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

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

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

10  assurance program shall review calls reports to the hotline

11  involving three or more unaccepted reports on a single child,

12  where jurisdiction applies, in order to detect such things as

13  harassment and situations that warrant an investigation

14  because of the frequency or variety of the source of the

15  reports. The assistant secretary may refer a case for

16  investigation when it is determined, as a result of this

17  review, that an investigation may be warranted.

18         Section 2.  Subsection (4) of section 39.202, Florida

19  Statutes, is amended to read:

20         39.202  Confidentiality of reports and records in cases

21  of child abuse or neglect.--

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

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

24  other than employees of the department responsible for child

25  protective services, the central abuse hotline, law

26  enforcement, the child protection team, or the appropriate

27  state attorney, without the written consent of the person

28  reporting. This does not prohibit the subpoenaing of a person

29  reporting child abuse, abandonment, or neglect when deemed

30  necessary by the court, the state attorney, or the department,

31  provided the fact that such person made the report is not

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  1  disclosed.  Any person who reports a case of child abuse or

  2  neglect may, at the time he or she makes the report, request

  3  that the department notify him or her that a child protective

  4  investigation occurred as a result of the report.  Any person

  5  specifically listed in s. 39.201(1) who makes a report in his

  6  or her official capacity may also request a written summary of

  7  the outcome of the investigation. The department shall mail

  8  such a notice to the reporter within 10 days after completing

  9  the child protective investigation.

10         Section 3.  Subsection (1) of section 39.205, Florida

11  Statutes, is amended to read:

12         39.205  Penalties relating to reporting of child abuse,

13  abandonment, or neglect.--

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

15  suspected child abuse, abandonment, or neglect and who

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

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

18  a misdemeanor of the first degree, punishable as provided in

19  s. 775.082 or s. 775.083. A judge subject to discipline

20  pursuant to s. 12, Art. V of the Florida Constitution shall

21  not be subject to criminal prosecution when the information

22  was received in the course of official duties.

23         Section 4.  Subsection (2), paragraph (b) of subsection

24  (8), paragraph (c) of subsection (12), and subsections (14),

25  (17), and (18) of section 39.301, Florida Statutes, are

26  amended to read:

27         39.301  Initiation of protective investigations.--

28         (2)(a)  The department Upon notification by the

29  department's central abuse hotline under subsection (1), the

30  designated child protective investigator shall immediately

31  forward allegations of criminal conduct to the municipal or

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  1  county notify the appropriate law enforcement agency of the

  2  municipality or county in which the alleged conduct has known

  3  or suspected child abuse, abandonment, or neglect is believed

  4  to have occurred.

  5         (b)  As used in this subsection, the term "criminal

  6  conduct" means:

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

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

  9  child, as defined in s. 827.03.

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

11  result of abuse or neglect.

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

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

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

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

16  as defined in s. 39.01.

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

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

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

20         (c)  Upon receiving a written report of an allegation

21  of criminal conduct from the department receipt of a report,

22  the law enforcement agency shall must review the information

23  in the written report to and determine whether a criminal

24  investigation of the case is warranted. and, If the law

25  enforcement agency accepts the case for so, shall conduct the

26  criminal investigation that shall be coordinated, it shall

27  coordinate its investigative activities with the department,

28  whenever feasible possible, with the child protective

29  investigation of the department or its agent. If the law

30  enforcement agency does not accept the case for criminal

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  1  investigation, the agency shall notify the department in

  2  writing.

  3         (d)  The local law enforcement agreement required in s.

  4  39.306 shall describe the specific local protocols for

  5  implementing this section.

  6         (8)  The person responsible for the investigation shall

  7  make a preliminary determination as to whether the report is

  8  complete, consulting with the attorney for the department when

  9  necessary.  In any case in which the person responsible for

10  the investigation finds that the report is incomplete, he or

11  she shall return it without delay to the person or agency

12  originating the report or having knowledge of the facts, or to

13  the appropriate law enforcement agency having investigative

14  jurisdiction, and request additional information in order to

15  complete the report; however, the confidentiality of any

16  report filed in accordance with this chapter shall not be

17  violated.

18         (b)  If it is determined that the child is in need of

19  the protection and supervision of the court, the department

20  shall file a petition for dependency.  A petition for

21  dependency shall be filed in all cases classified by the

22  department as high-risk. Factors that the department may

23  consider in determining whether a case is high-risk include,

24  but are not limited to, the young age of the cases, including,

25  but not limited to, cases involving parents or legal

26  custodians of a young age, the use of illegal drugs, or

27  domestic violence.

28         (12)

29         (c)  The department, in consultation with the

30  judiciary, shall adopt by rule criteria that are factors

31  requiring that the department take the child into custody,

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

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

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

  4  administrative review the department determines not to take

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

  6  shall document the reason for its decision in writing and

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

  8  accepted by the local law enforcement agency for criminal

  9  investigation pursuant to subsection (2), the department must

10  include in the file written documentation that the

11  administrative review included input from law enforcement. In

12  addition, for all cases that must be referred to child

13  protection teams pursuant to s. 39.303(2) and (3), the file

14  must include written documentation that the administrative

15  review included the results of the team's evaluation medical

16  evaluation. Factors that must be included in the development

17  of the rule include noncompliance with the case plan developed

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

19  chapter and prior abuse reports with findings that involve the

20  child or caregiver.

21         (14)  No later than 60 30 days after receiving the

22  initial report, the local office of the department shall

23  complete its investigation.

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 will

27  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.

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  1         (18)  Within 15 days after the case is completion of

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

  3  this chapter, the state attorney shall report his or her

  4  findings to the department and shall include in such report a

  5  determination of whether or not prosecution is justified and

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

  7         Section 5.  Section 39.303, Florida Statutes, is

  8  amended to read:

  9         39.303  Child protection teams; services; eligible

10  cases.--The Department of Health shall develop, maintain, and

11  coordinate the services of one or more multidisciplinary child

12  protection teams in each of the service districts of the

13  Department of Children and Family Services.  Such teams may be

14  composed of appropriate representatives of school districts

15  and appropriate health, mental health, social service, legal

16  service, and law enforcement agencies. The Legislature finds

17  that optimal coordination of child protection teams and sexual

18  abuse treatment programs requires collaboration between the

19  Department of Health and the Department of Children and Family

20  Services. The two departments shall maintain an interagency

21  agreement that establishes protocols for oversight and

22  operations of child protection teams and sexual abuse

23  treatment programs. The Secretary of Health and the Deputy

24  Secretary for director of Children's Medical Services, in

25  consultation with the Secretary of Children and Family

26  Services, shall maintain the responsibility for the screening,

27  employment, and, if necessary, the termination of child

28  protection team medical directors, at headquarters and in the

29  15 districts. Child protection team medical directors shall be

30  responsible for oversight of the teams in the districts.

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

  2  the teams to supplement the assessment and protective

  3  supervision activities of the family safety and preservation

  4  program of the Department of Children and Family Services.

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

  6  the duty and responsibility of any person to report pursuant

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

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

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

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

11  appropriate to abused, abandoned, and neglected children upon

12  referral.  The specialized diagnostic assessment, evaluation,

13  coordination, consultation, and other supportive services that

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

15  but are not limited to, the following:

16         (a)  Medical diagnosis and evaluation services,

17  including provision or interpretation of X rays and laboratory

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

19  findings relative thereto.

20         (b)  Telephone consultation services in emergencies and

21  in other situations.

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

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

24  Health.

25         (d)  Such psychological and psychiatric diagnosis and

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

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

28  or any other individual involved in a child abuse,

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

30  needed.

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  1         (e)  Expert medical, psychological, and related

  2  professional testimony in court cases.

  3         (f)  Case staffings to develop treatment plans for

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

  5  protection team may provide consultation with respect to a

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

  7  neglected, which consultation shall be provided at the request

  8  of a representative of the family safety and preservation

  9  program or at the request of any other professional involved

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

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

12  protection team case staffing, consultation, or staff activity

13  involving a child, a family safety and preservation program

14  representative shall attend and participate.

15         (g)  Case service coordination and assistance,

16  including the location of services available from other public

17  and private agencies in the community.

18         (h)  Such training services for program and other

19  employees of the Department of Children and Family Services,

20  employees of the Department of Health, and other medical

21  professionals as is deemed appropriate to enable them to

22  develop and maintain their professional skills and abilities

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

24         (i)  Educational and community awareness campaigns on

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

26  citizens more successfully to prevent, identify, and treat

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

28         (j)  Child protection team assessments that include, as

29  appropriate, medical evaluations, medical consultations,

30  family psychosocial interviews, specialized clinical

31  interviews, or forensic interviews.

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  1

  2  All medical personnel participating on a child protection team

  3  must successfully complete the required child protection team

  4  training curriculum as set forth in protocols determined by

  5  the Deputy Secretary for Children's Medical Services and the

  6  Statewide Medical Director for Child Protection.

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

  8  that must be referred by the Department of Children and Family

  9  Services to child protection teams of the Department of Health

10  for an assessment medical evaluation and other appropriate

11  available support services as set forth in subsection (1) must

12  include cases involving:

13         (a)  Injuries to the head, bruises to the neck or head,

14  burns, or fractures in a child of any age.

15         (b)  Bruises anywhere on a child 5 years of age or

16  under.

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

18  anal penetration is alleged or in which other unlawful sexual

19  conduct has been determined to have occurred.

20         (d)(c)  Venereal disease, or Any other sexually

21  transmitted disease, in a prepubescent child.

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

23  a child to thrive.

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

25  neglect of a child.

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

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

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

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

30  sibling or other child remains in the home.

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

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

  3  is suspected.

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

  5         (3)  All abuse and neglect cases transmitted for

  6  investigation to a district by the hotline must be

  7  simultaneously transmitted to the Department of Health child

  8  protection team for review. For the purpose of determining

  9  whether face-to-face medical evaluation by a child protection

10  team is necessary, all cases transmitted to the child

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

12  be timely reviewed by: a board-certified pediatrician or

13  registered nurse practitioner under the supervision of such

14  pediatrician for the purpose of determining whether a

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

16  necessary.

17         (a)  A physician licensed under chapter 458 or chapter

18  459 who holds board certification in pediatrics and is a

19  member of a child protection team;

20         (b)  A physician licensed under chapter 458 or chapter

21  459 who holds board certification in a specialty other than

22  pediatrics, who may complete the review only when working

23  under the direction of a physician licensed under chapter 458

24  or chapter 459 who holds board certification in pediatrics and

25  is a member of a child protection team;

26         (c)  An advanced registered nurse practitioner licensed

27  under chapter 464 who has a speciality in pediatrics or family

28  medicine and is a member of a child protection team;

29         (d)  A physician assistant licensed under chapter 458

30  or chapter 459, who may complete the review only when working

31  under the supervision of a physician licensed under chapter

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  1  458 or chapter 459 who holds board certification in pediatrics

  2  and is a member of a child protection team; or

  3         (e)  A registered nurse licensed under chapter 464, who

  4  may complete the review only when working under the direct

  5  supervision of a physician licensed under chapter 458 or

  6  chapter 459 who holds certification in pediatrics and is a

  7  member of a child protection team.

  8         (4)  A Such face-to-face medical evaluation by a child

  9  protection team is not necessary when: only if it is

10  determined that

11         (a)  The child was examined by a physician for the

12  alleged abuse or neglect by a physician who is not a member of

13  the child protection team, and a consultation between the

14  child protection team board-certified pediatrician, advanced

15  registered or nurse practitioner, physician assistant working

16  under the supervision of a child protection team

17  board-certified pediatrician, or registered nurse working

18  under the direct supervision of a child protection team

19  board-certified pediatrician, and the examining physician

20  concludes that a further medical evaluation is unnecessary;

21         (b)  The child protective investigator, with

22  supervisory approval, has determined, after conducting a child

23  safety assessment, that there are no indications of injuries

24  as described in paragraphs (2)(a)-(h) as reported; or

25         (c)  The child protection team board-certified

26  pediatrician, as authorized in subsection (3), determines that

27  a medical evaluation is not required.

28

29  Notwithstanding paragraphs (a), (b), and (c), a child

30  protection team pediatrician, as authorized in subsection (3),

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  1  may determine that a face-to-face medical evaluation is

  2  necessary.

  3         (5)(4)  In all instances in which a child protection

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

  5  neglected children, other offices and units of the Department

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

  7  and Family Services, shall avoid duplicating the provision of

  8  those services.

  9         (6)  The Department of Health child protection team

10  quality assurance program and the Department of Children and

11  Family Services' Family Safety Program Office quality

12  assurance program shall collaborate to ensure referrals and

13  responses to child abuse, abandonment, and neglect reports are

14  appropriate.  Each quality assurance program shall include a

15  review of records in which there are no findings of abuse,

16  abandonment, or neglect and the findings of these reviews

17  shall be included in each department's quality assurance

18  reports.

19         Section 6.  Subsection (1) of section 39.304, Florida

20  Statutes, is amended to read:

21         39.304  Photographs, medical examinations, X rays, and

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

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

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

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

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

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

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

29  areas of trauma visible on the child. Such Photographs of

30  physical abuse injuries, or duplicates thereof, shall be

31  provided to the department for inclusion in the investigative

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  1  file and shall become part of that file. Photographs of sexual

  2  abuse trauma shall be made part of the child protection team

  3  medical record.

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

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

  6  complains or otherwise exhibits distress as a result of injury

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

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

  9  investigate may cause the child to be referred for diagnosis

10  to a licensed physician or an emergency department in a

11  hospital without the consent of the child's parents or legal

12  custodian. Such examination may be performed by any licensed

13  physician or an advanced registered nurse practitioner

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

15  advanced registered nurse practitioner licensed pursuant to

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

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

18  may authorize a radiological examination to be performed on

19  the child without the consent of the child's parent or legal

20  custodian.

21         Section 7.  Paragraph (f) of subsection (8) of section

22  39.402, Florida Statutes, is amended to read:

23         39.402  Placement in a shelter.--

24         (8)

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

26  inform the court of:

27         1.  Any identified current or previous case plans

28  negotiated in any district with the parents or caregivers

29  under this chapter and problems associated with compliance;

30         2.  Any adjudication of the parents or caregivers of

31  delinquency;

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  1         3.  Any past or current injunction for protection from

  2  domestic violence; and

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

  4  prior 12 months.

  5         Section 8.  Paragraph (i) of subsection (3), subsection

  6  (7), and paragraph (g) of subsection (18) of section 383.402,

  7  Florida Statutes, are amended to read:

  8         383.402  Child abuse death review; State Child Abuse

  9  Death Review Committee; local child abuse death review

10  committees.--

11         (3)  The State Child Abuse Death Review Committee

12  shall:

13         (i)  Educate the public regarding the provisions of

14  chapter 99-168, Laws of Florida Kayla McKean Child Protection

15  Act, the incidence and causes of child abuse death, and ways

16  by which such deaths may be prevented.

17         (7)  Each local child abuse death review committee

18  shall:

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

20  are reported to the Office of Vital Statistics.

21         (a)(b)  Assist the state committee in collecting data

22  on deaths that are the result of child abuse, in accordance

23  with the protocol established by the state committee.

24         (b)(c)  Submit written reports at the direction of the

25  state committee. The reports must include nonidentifying

26  information on individual cases and the steps taken by the

27  local committee and private and public agencies to implement

28  necessary changes and improve the coordination of services and

29  reviews.

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  1         (c)(d)  Submit all records requested by the state

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

  3  from child abuse.

  4         (d)(e)  Abide by the standards and protocols developed

  5  by the state committee.

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

  7  committee review the data of a particular case.

  8         (18)  Each district administrator of the Department of

  9  Children and Family Services must appoint a child abuse death

10  review coordinator for the district. The coordinator must have

11  knowledge and expertise in the area of child abuse and

12  neglect. The coordinator's general responsibilities include:

13         (g)  Notifying the district administrator, the

14  Secretary of Children and Family Services, and the Deputy

15  Secretary for of Children's Medical Services, and the

16  Department of Health Child Abuse Death Review Coordinator

17  Assistant Health Officer of all child abuse deaths meeting

18  criteria for review as specified in this section within 1

19  working day after verifying the child's death was due to

20  abuse, neglect, or abandonment learning of the child's death.

21         Section 9.  Subsection (3) of section 409.1671, Florida

22  Statutes, is amended to read:

23         409.1671  Foster care and related services;

24  privatization.--

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

26  protection system, the department shall ensure that contracts

27  entered into with community-based agencies pursuant to this

28  section include provisions for a case-transfer process to

29  determine the date that the community-based agency will

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

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

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  1  protective investigation and the initiation of service

  2  provision. At the point of case transfer, as well as at the

  3  conclusion of an investigation, the department must provide a

  4  complete summary of the findings of the investigation to the

  5  community-based agency.

  6         (b)  The contracts must also ensure that each

  7  community-based agency shall furnish regular status reports of

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

  9  provider may not discontinue services without prior written

10  notification to the department. After discontinuing services

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

12  must provide a written case summary, including its assessment

13  of the child and family, to the department.

14         (c)  The annual contract between the department and

15  community-based agencies must include provisions that specify

16  the procedures to be used by the parties to resolve

17  differences in interpreting the contract or to resolve

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

19  their respective obligations under the contract.

20         Section 10.  This act shall take effect upon becoming a

21  law.

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