HB 1391 2003
1	CHAMBER ACTION
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6	The Committee on Future of Florida's Families recommends the
7	following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11
12	A bill to be entitled
13	An act relating to dependent children; amending s. 39.202,
14	F.S.; clarifying a right of access to records for certain
15	attorneys and providing a right to access for certain
16	school employees and certain employees and volunteers of a
17	certified domestic violence center; authorizing the
18	Department of Children and Family Services and specified
19	law enforcement agencies to release certain information
20	when a child is under investigation or supervision;
21	providing an exception; providing that persons releasing
22	such information are not subject to civil or criminal
23	penalty for the release; creating s. 39.0136, F.S.;
24	providing standards for background screening of persons
25	seeking approval as relative and nonrelative caregivers of
26	children; enumerating offenses the existence of which will
27	cause disapproval; specifying the date that application of
28	standards for background screening becomes effective;
29	amending ss. 39.301, 39.401, and 39.521, F.S.; clarifying
30	the screening that must occur for purposes of a child
31	protective investigation, for the placement of a child,
32	and for providing information to the court; amending s.
33	39.812, F.S.; requiring certain screening of prospective
34	adoptive parents; amending s. 63.037, F.S.; exempting
35	adoption proceedings initiated under ch. 39, F.S., from
36	certain provisions of s. 63.092, F.S., relating to records
37	checks; amending s. 63.092, F.S.; conforming a cross-
38	reference; creating s. 409.017, F.S.; providing standards
39	for background screening of persons in a household seeking
40	licensure as a foster home; enumerating offenses the
41	existence of which will cause disapproval; providing for
42	rescreening; imposing a duty upon the licensee; specifying
43	the date that application of the standards for background
44	screening becomes effective; amending s. 409.175, F.S.;
45	redefining the term "personnel" and deleting the
46	definition of the term "screening"; creating s. 409.177,
47	F.S.; providing standards for background screening for
48	child-placing and residential child-caring agencies;
49	providing for denial of a license and exclusion from
50	employment; creating s. 409.1759, F.S.; providing for
51	background screening for summer camp personnel; providing
52	an exception; repealing s. 435.045, F.S., relating to
53	requirements for placement of dependent children; amending
54	s. 937.021, F.S.; providing for the filing of police
55	reports for missing children in the county or municipality
56	where the child was last seen; providing an effective
57	date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1. Subsection (2) of section 39.202, Florida
62	Statutes, is amended, present subsections (4) through (7) are
63	renumbered as subsections (5) through (8), respectively, and
64	subsection (4) is added to said section, to read:
65	39.202 Confidentiality of reports and records in cases of
66	child abuse or neglect.--
67	(2) Except as provided in subsection (4),access to such
68	records, excluding the name of the reporter which shall be
69	released only as provided in subsection (5)(4), shall be
70	granted only to the following persons, officials, and agencies:
71	(a) Employees, authorized agents, or contract providers of
72	the department, the Department of Health, or county agencies
73	responsible for carrying out:
74	1. Child or adult protective investigations;
75	2. Ongoing child or adult protective services;
76	3. Healthy Start services; or
77	4. Licensure or approval of adoptive homes, foster homes,
78	or child care facilities, or family day care homes or informal
79	child care providers who receive subsidized child care funding,
80	or other homes used to provide for the care and welfare of
81	children.
82
83	Also, employees or agents of the Department of Juvenile Justice
84	responsible for the provision of services to children, pursuant
85	to chapters 984 and 985.
86	(b) Criminal justice agencies of appropriate jurisdiction.
87	(c) The state attorney of the judicial circuit in which
88	the child resides or in which the alleged abuse or neglect
89	occurred.
90	(d) The parent or legal custodian of any child who is
91	alleged to have been abused, abandoned, or neglected, and the
92	child, and their attorneys, including any attorney representing
93	a child in civil or criminal proceedings. This access shall be
94	made available no later than 30 days after the department
95	receives the initial report of abuse, neglect, or abandonment.
96	However, any information otherwise made confidential or exempt
97	by law shall not be released pursuant to this paragraph.
98	(e) Any person alleged in the report as having caused the
99	abuse, abandonment, or neglect of a child. This access shall be
100	made available no later than 30 days after the department
101	receives the initial report of abuse, abandonment, or neglect
102	and, when the alleged perpetrator is not a parent, shall be
103	limited to information involving the protective investigation
104	only and shall not include any information relating to
105	subsequent dependency proceedings. However, any information
106	otherwise made confidential or exempt by law shall not be
107	released pursuant to this paragraph.
108	(f) A court upon its finding that access to such records
109	may be necessary for the determination of an issue before the
110	court; however, such access shall be limited to inspection in
111	camera, unless the court determines that public disclosure of
112	the information contained therein is necessary for the
113	resolution of an issue then pending before it.
114	(g) A grand jury, by subpoena, upon its determination that
115	access to such records is necessary in the conduct of its
116	official business.
117	(h) Any appropriate official of the department responsible
118	for:
119	1. Administration or supervision of the department's
120	program for the prevention, investigation, or treatment of child
121	abuse, abandonment, or neglect, or abuse, neglect, or
122	exploitation of a vulnerable adult, when carrying out his or her
123	official function;
124	2. Taking appropriate administrative action concerning an
125	employee of the department alleged to have perpetrated child
126	abuse, abandonment, or neglect, or abuse, neglect, or
127	exploitation of a vulnerable adult; or
128	3. Employing and continuing employment of personnel of the
129	department.
130	(i) Any person authorized by the department who is engaged
131	in the use of such records or information for bona fide
132	research, statistical, or audit purposes. Such individual or
133	entity shall enter into a privacy and security agreement with
134	the department and shall comply with all laws and rules
135	governing the use of such records and information for research
136	and statistical purposes. Information identifying the subjects
137	of such records or information shall be treated as confidential
138	by the researcher and shall not be released in any form.
139	(j) The Division of Administrative Hearings for purposes
140	of any administrative challenge.
141	(k) Any appropriate official of a Florida advocacy council
142	investigating a report of known or suspected child abuse,
143	abandonment, or neglect; the Auditor General or the Office of
144	Program Policy Analysis and Government Accountability for the
145	purpose of conducting audits or examinations pursuant to law; or
146	the guardian ad litem for the child.
147	(l) Employees or agents of an agency of another state that
148	has comparable jurisdiction to the jurisdiction described in
149	paragraph (a).
150	(m) The Public Employees Relations Commission for the sole
151	purpose of obtaining evidence for appeals filed pursuant to s.
152	447.207. Records may be released only after deletion of all
153	information which specifically identifies persons other than the
154	employee.
155	(n) Employees or agents of the Department of Revenue
156	responsible for child support enforcement activities.
157	(o) Any person in the event of the death of a child
158	determined to be a result of abuse, abandonment, or neglect.
159	Information identifying the person reporting abuse, abandonment,
160	or neglect shall not be released. Any information otherwise made
161	confidential or exempt by law shall not be released pursuant to
162	this paragraph.
163	(p) The principal of a public school, private school, or
164	charter school where the child is a student. Information
165	contained in the records which the principal determines are
166	necessary for a school employee to effectively provide a student
167	with educational services may be released to that employee.
168	(q) An employee or a volunteer of a certified domestic
169	violence center if the employee or volunteer is working at the
170	department's request as a case consultant or working with a
171	client who is also a client of the department.
172	(4) Notwithstanding any other provision of law, when a
173	child under investigation or supervision of the department or
174	its contracted service providers is determined to be missing,
175	the following shall apply:
176	(a) The department may release the following information
177	to the public when it believes the release of the information is
178	likely to assist efforts in locating the child or to promote the
179	safety or well-being of the child:
180	1. The name of the child and the child's date of birth;
181	2. A physical description of the child, including at a
182	minimum the height, weight, hair color, eye color, gender, and
183	any identifying physical characteristics of the child; and
184	3. A photograph of the child.
185	(b) With the concurrence of the law enforcement agency
186	primarily responsible for investigating the incident, the
187	department may release any additional information it believes
188	likely to assist efforts in locating the child or to promote the
189	safety or well-being of the child.
190	(c) The law enforcement agency primarily responsible for
191	investigating the incident may release any information received
192	from the department regarding the investigation, if it believes
193	the release of the information is likely to assist efforts in
194	locating the child or to promote the safety or well-being of the
195	child.
196
197	The good-faith publication or release of this information by the
198	department, a law enforcement agency, or any recipient of the
199	information as specifically authorized by this subsection shall
200	not subject the person, agency or entity releasing the
201	information to any civil or criminal penalty. This subsection
202	does not authorize the release of the name of the reporter,
203	which may be released only as provided in subsection (5).
204	Section 2. Section 39.0136, Florida Statutes, is created
205	to read:
206	39.0136 Security background investigations.--
207	(1) The department shall conduct security background
208	investigations for any relative or nonrelative caregiver who is
209	not a licensed foster or shelter parent and who is being
210	considered for placement of a child subject to the provisions of
211	this chapter. The security background investigation shall
212	include all persons older than 12 years of age who reside in the
213	home of the potential caregiver. Notwithstanding the
214	requirements of this section, a security background
215	investigation shall not be performed for any parent against whom
216	allegations of abuse, abandonment or neglect are not made.
217	(2) For the purposes of this section, security background
218	investigations shall include, but not be limited to,
219	fingerprinting for all purposes and checks in this subsection,
220	statewide criminal and juvenile records checks through the
221	Department of Law Enforcement and the Department of Juvenile
222	Justice, national criminal records checks through the Federal
223	Bureau of Investigation, and local criminal records checks
224	through local law enforcement agencies. For children older than
225	12 years of age, the security background investigation shall be
226	limited to statewide criminal and juvenile records checks
227	through the Department of Law Enforcement and local criminal
228	records checks through local law enforcement agencies.
229	(3) An offense that would otherwise be a disqualifying
230	offense under this section shall not be considered a
231	disqualifying offense if committed by a current or former foster
232	child before his or her 18th birthday.
233	(4) When fingerprinting is required under this section and
234	a placement decision is being made under exigent circumstances,
235	the placement may be made based on the results of a national
236	name check through the National Crime Information Center, so
237	long as the required fingerprint information is provided to the
238	Federal Bureau of Investigation within the timeframe established
239	by the Federal Government.
240	(5) The security background investigations under this
241	section must ensure that no person older than 12 years of age
242	who resides in the home of a relative or nonrelative with whom a
243	child is to be placed has been found guilty of, regardless of
244	adjudication, or entered a plea of nolo contendere or guilty to,
245	any felony offense prohibited under any of the following
246	provisions of the Florida Statutes or under any similar statute
247	of another jurisdiction at any time:
248	(a) Any statute creating a felony offense relating to
249	domestic violence, as defined in s. 741.28.
250	(b) Section 782.04, relating to murder.
251	(c) Section 782.07, relating to manslaughter, aggravated
252	manslaughter of an elderly person or disabled adult, or
253	aggravated manslaughter of a child.
254	(d) Section 784.021, relating to aggravated assault.
255	(e) Section 784.045, relating to aggravated battery.
256	(f) Section 794.011, relating to sexual battery.
257	(g) Former s. 794.041, relating to prohibited act of
258	persons in familial or custodial authority.
259	(h) Section 796.03, relating to procuring a person younger
260	that 18 years of age for prostitution.
261	(i) Section 800.04, relating to lewd or lascivious
262	offenses committed upon or in the presence of persons younger
263	than 16 years of age.
264	(j) Section 827.03, relating to child abuse, aggravated
265	child abuse, or neglect of a child.
266	(k) Section 827.04(3), relating to the impregnation of a
267	child younger than 16 years of age by a person 21 years of age
268	or older.
269	(l) Former s. 827.05, relating to negligent treatment of
270	children.
271	(m) Section 827.071, relating to sexual performance by a
272	child.
273	(n) Section 847.0135, relating to computer pornography.
274	(o) Section 847.0145, relating to the selling or buying of
275	minors.
276	(6) The security background investigations under this
277	section must ensure that no person older that 12 years of age
278	who resides in the home of a relative or nonrelative with whom a
279	child is to be placed has been found guilty of, regardless of
280	adjudication, or entered a plea of nolo contendere or guilty to,
281	any felony offense prohibited under any of the following
282	provisions of the Florida Statutes or under any similar statute
283	of another jurisdiction and the offense was committed within the
284	previous 5 years:
285	(a) Section 414.39, relating to public assistance fraud.
286	(b) Section 415.111, relating to adult abuse, neglect, or
287	exploitation of an aged person or disabled adult.
288	(c) Section 782.071, relating to vehicular homicide.
289	(d) Section 782.09, relating to killing of an unborn child
290	by injury to the mother.
291	(e) Section 784.011, relating to assault, if the victim of
292	the offense was a minor.
293	(f) Section 784.03, relating to battery, if the victim of
294	the offense was a minor.
295	(g) Section 784.075, relating to battery on a staff member
296	of a detention or commitment facility.
297	(h) Section 787.01, relating to kidnapping.
298	(i) Section 787.02, relating to false imprisonment.
299	(j) Section 787.04(2), relating to taking, enticing, or
300	removing a child beyond the state limits with criminal intent
301	pending custody proceedings.
302	(k) Section 787.04(3), relating to carrying a child beyond
303	the state lines with criminal intent to avoid producing a child
304	at a custody hearing or delivering the child to the designated
305	person.
306	(l) Section 790.115(1), relating to exhibiting firearms or
307	weapons within 1,000 feet of a school.
308	(m) Section 790.115(2)(b), relating to possessing an
309	electric weapon or device, destructive device, or other weapon
310	on school property.
311	(n) Chapter 796, relating to prostitution, except s.
312	796.03, relating to procuring a person younger than 18 years of
313	age for prostitution.
314	(o) Section 798.02, relating to lewd and lascivious
315	behavior.
316	(p) Chapter 800, relating to lewdness and indecent
317	exposure with the exception of s. 800.04, relating to lewd or
318	lascivious offenses committed upon or in the presence of persons
319	younger than 16 years of age.
320	(q) Section 806.01, relating to arson.
321	(r) Chapter 812, relating to theft, robbery, and related
322	crimes, if the offense is a felony.
323	(s) Section 817.563, relating to the fraudulent sale of
324	controlled substances, if the offense was a felony.
325	(t) Section 825.102, relating to abuse, aggravated abuse,
326	or neglect of an elderly person or disabled adult.
327	(u) Section 825.1025, relating to lewd or lascivious
328	offenses committed upon or in the presence of an elderly person
329	or disabled adult.
330	(v) Section 825.103, relating to exploitation of an
331	elderly person or disabled adult, if the offense was a felony.
332	(w) Section 826.04, relating to incest.
333	(x) Section 827.04, relating to contributing to the
334	delinquency or dependency of a child, except s. 827.04(3),
335	relating to impregnation of a child younger than 16 years of age
336	by a person 21 years of age or older.
337	(y) Section 831.01, relating to forgery.
338	(z) Chapter 837, relating to perjury.
339	(aa) Section 843.01, relating to resisting arrest with
340	violence.
341	(bb) Section 843.025, relating to depriving a law
342	enforcement officer, correctional officer, or correctional
343	probation officer of means of protection or communication.
344	(cc) Section 843.12, relating to aiding in an escape.
345	(dd) Section 843.13, relating to aiding in the escape of a
346	juvenile inmate in a correctional institution.
347	(ee) Chapter 847, relating to obscene literature, except
348	s. 847.0135, relating to computer pornography, and s. 847.0145,
349	relating to the selling or buying of minors.
350	(ff) Chapter 893, relating to drug abuse prevention and
351	control, if the offense was a felony or if any other person
352	involved in the offense was a minor.
353	(gg) Section 944.35(3), relating to inflicting cruel or
354	inhuman treatment on an inmate resulting in great bodily harm.
355	(hh) Section 944.46, relating to harboring, concealing, or
356	aiding an escaped prisoner.
357	(ii) Section 944.47, relating to introduction of
358	contraband into a correctional facility.
359	(jj) Section 985.4045, relating to sexual misconduct in a
360	juvenile justice program.
361	(kk) Section 985.4046, relating to introduction of
362	contraband into a detention facility.
363	(7) If the security background investigation of a relative
364	or nonrelative being considered for placement of a child reveals
365	any misdemeanor conviction, any findings of delinquency, or any
366	felony conviction not identified in subsection (5) or subsection
367	(6), this information shall be recorded in the record of the
368	investigation and shall be considered as a part of the risk
369	assessment that is used to determine the appropriate placement
370	for the child.
371	(8) All information concerning any person with whom the
372	child is placed which was obtained through the security
373	background investigation shall be presented to the court at the
374	first judicial hearing at which the information is available.
375	All information from the Federal Bureau of Investigation and any
376	information that has been sealed or any reference to the
377	existence of expunged information may be shared only with the
378	court in an inspection in camera.
379	(9) Any caregiver who becomes aware of a person becoming a
380	household member of a household where a child is placed must,
381	within 5 days after that person has become a household member,
382	submit to the department the information necessary to conduct a
383	screening under this section.
384	(10) A relative or nonrelative caregiver with whom a child
385	had been placed subject to the provisions of this chapter as of
386	June 30, 2003, shall not be subject to the provisions of this
387	section. The placement of any child subject to the provisions of
388	this chapter with a relative or nonrelative caregiver after June
389	30, 2003, shall require that the relative or nonrelative
390	caregiver be subject to the security background investigation
391	provided for in this section.
392	Section 3. Paragraph (c) of subsection (9) of section
393	39.301, Florida Statutes, is amended to read:
394	39.301 Initiation of protective investigations.--
395	(9) For each report it receives, the department shall
396	perform an onsite child protective investigation that includes a
397	face-to-face interview with the child, other siblings, parents,
398	and other adults in the household and an onsite assessment of
399	the child's residence in order to:
400	(c) Determine the immediate and long-term risk to each
401	child by conducting a security background check as provided in
402	s. 39.0136state and federal records checks, including, when
403	feasible, the records of the Department of Corrections, on the
404	parents, legal custodians, or caregivers, and any other persons
405	in the same household. This information shall be used solely for
406	purposes supporting the detection, apprehension, prosecution,
407	pretrial release, posttrial release, or rehabilitation of
408	criminal offenders or persons accused of the crimes of child
409	abuse, abandonment, or neglect and shall not be further
410	disseminated or used for any other purpose. The department's
411	child protection investigators are hereby designated a criminal
412	justice agency for the purpose of accessing criminal justice
413	information to be used for enforcing this state's laws
414	concerning the crimes of child abuse, abandonment, and neglect.
415	Section 4. Subsection (3) of section 39.401, Florida
416	Statutes, is amended to read:
417	39.401 Taking a child alleged to be dependent into
418	custody; law enforcement officers and authorized agents of the
419	department.--
420	(3) If the child is taken into custody by, or is delivered
421	to, an authorized agent of the department, the authorized agent
422	shall review the facts supporting the removal with an attorney
423	representing the department. The purpose of this review shall be
424	to determine whether probable cause exists for the filing of a
425	shelter petition. If the facts are not sufficient to support
426	the filing of a shelter petition, the child shall immediately be
427	returned to the custody of the parent or legal custodian. If the
428	facts are sufficient to support the filing of the shelter
429	petition and the child has not been returned to the custody of
430	the parent or legal custodian, the department shall file the
431	petition and schedule a hearing, and the attorney representing
432	the department shall request that a shelter hearing be held as
433	quickly as possible, not to exceed 24 hours after the removal of
434	the child. While awaiting the shelter hearing, the authorized
435	agent of the department may place the child in licensed shelter
436	care or may release the child to a parent or legal custodian or
437	responsible adult relative who shall be given priority
438	consideration over a licensed placement, or a responsible adult
439	approved by the department when this is in the best interests of
440	the child. Any placement of a child which is not in a licensed
441	shelter must be preceded by a security background investigation,
442	as described in s. 39.0136local and state criminal records
443	check, as well as a search of the department's automated abuse
444	information system, on all members of the household, to assess
445	the child's safety within the home. In addition, the department
446	may authorize placement of a housekeeper/homemaker in the home
447	of a child alleged to be dependent until the parent or legal
448	custodian assumes care of the child.
449	Section 5. Paragraphs (k) and (r) of subsection (2) of
450	section 39.521, Florida Statutes, are amended to read:
451	39.521 Disposition hearings; powers of disposition.--
452	(2) The predisposition study must provide the court with
453	the following documented information:
454	(k) A CentralFlorida Abuse Hotline Information System
455	(FAHIS) history and criminal records check as provided for in s.
456	39.0136for all caregivers, family members, and individuals
457	residing within the household from which the child was removed.
458	(r) If the child has been removed from the home and will
459	be remaining with a relative or other adult approved by the
460	court, a home study report concerning the proposed placement
461	shall be included in the predisposition report. Prior to
462	recommending to the court any out-of-home placement for a child
463	other than placement in a licensed shelter or foster home, the
464	department shall conduct a study of the home of the proposed
465	legal custodians, which must include, at a minimum:
466	1. An interview with the proposed legal custodians to
467	assess their ongoing commitment and ability to care for the
468	child.
469	2. Records checks through the CentralFloridaAbuse
470	Hotline Information System (FAHIS), and a security background
471	investigation as provided for in s. 39.0136local and statewide
472	criminal and juvenile records checks through the Department of
473	Law Enforcement, on all household members 12 years of age or
474	older and any other persons made known to the department who are
475	frequent visitors in the home. Out-of-state criminal records
476	checks must be initiated for any individual designated above who
477	has resided in a state other than Florida provided that state's
478	laws allow the release of these records. The out-of-state
479	criminal records must be filed with the court within 5 days
480	after receipt by the department or its agent.
481	3. An assessment of the physical environment of the home.
482	4. A determination of the financial security of the
483	proposed legal custodians.
484	5. A determination of suitable child care arrangements if
485	the proposed legal custodians are employed outside of the home.
486	6. Documentation of counseling and information provided to
487	the proposed legal custodians regarding the dependency process
488	and possible outcomes.
489	7. Documentation that information regarding support
490	services available in the community has been provided to the
491	proposed legal custodians.
492
493	The department shall not place the child or continue the
494	placement of the child in a home under shelter or
495	postdisposition placement if the results of the home study are
496	unfavorable, unless the court finds that this placement is in
497	the child's best interest.
498
499	Any other relevant and material evidence, including other
500	written or oral reports, may be received by the court in its
501	effort to determine the action to be taken with regard to the
502	child and may be relied upon to the extent of its probative
503	value, even though not competent in an adjudicatory hearing.
504	Except as otherwise specifically provided, nothing in this
505	section prohibits the publication of proceedings in a hearing.
506	Section 6. Subsection (6) is added to section 39.812,
507	Florida Statutes, to read:
508	39.812 Postdisposition relief; petition for adoption.--
509	(6) Any person considered for placement for the adoption
510	of a child under this chapter must meet the screening
511	requirements set forth in s. 39.0136.
512	Section 7. Section 63.037, Florida Statutes, is amended to
513	read:
514	63.037 Proceedings applicable to cases resulting from a
515	termination of parental rights under chapter 39.--A case in
516	which a minor becomes available for adoption after the parental
517	rights of each parent have been terminated by a judgment entered
518	pursuant to chapter 39 shall be governed by s. 39.812 and this
519	chapter. Adoption proceedings initiated under chapter 39 are
520	exempt from the following provisions of this chapter: disclosure
521	requirements for the adoption entity provided in s. 63.085;
522	general provisions governing termination of parental rights
523	pending adoption provided in s. 63.087; notice and service
524	provisions governing termination of parental rights pending
525	adoption provided in s. 63.088; andprocedures for terminating
526	parental rights pending adoption provided in s. 63.089; and the
527	records check of the department's central abuse hotline and
528	criminal records correspondence checks provided in s.
529	63.092(3)(b).
530	Section 8. Subsection (3) of section 63.092, Florida
531	Statutes, is amended to read:
532	63.092 Report to the court of intended placement by an
533	adoption entity; at-risk placement; preliminary study.--
534	(3) PRELIMINARY HOME STUDY.--Before placing the minor in
535	the intended adoptive home, a preliminary home study must be
536	performed by a licensed child-placing agency, a child-caring
537	agency registered under s. 409.176, a licensed professional, or
538	agency described in s. 61.20(2), unless the petitioner is a
539	stepparent, a spouse of the parent, or a relative. The
540	preliminary study shall be completed within 30 days after the
541	receipt by the court of the adoption entity's report, but in no
542	event may the minor be placed in the prospective adoptive home
543	prior to the completion of the preliminary study unless ordered
544	by the court. If the petitioner is a stepparent, a spouse of the
545	parent, or a relative, the preliminary home study may be
546	required by the court for good cause shown. The department is
547	required to perform the preliminary home study only if there is
548	no licensed child-placing agency, child-caring agency registered
549	under s. 409.176, licensed professional, or agency described in
550	s. 61.20(2), in the county where the prospective adoptive
551	parents reside. The preliminary home study must be made to
552	determine the suitability of the intended adoptive parents and
553	may be completed prior to identification of a prospective
554	adoptive minor. A favorable preliminary home study is valid for
555	1 year after the date of its completion. Upon its completion, a
556	copy of the home study must be provided to the intended adoptive
557	parents who were the subject of the home study. A minor may not
558	be placed in an intended adoptive home before a favorable
559	preliminary home study is completed unless the adoptive home is
560	also a licensed foster home under s. 409.175. The preliminary
561	home study must include, at a minimum:
562	(a) An interview with the intended adoptive parents;
563	(b) Records checks of the department's central abuse
564	hotlineregistryand criminal records correspondence checks
565	pursuant to s. 435.03s. 435.045through the Department of Law
566	Enforcement on the intended adoptive parents;
567	(c) An assessment of the physical environment of the home;
568	(d) A determination of the financial security of the
569	intended adoptive parents;
570	(e) Documentation of counseling and education of the
571	intended adoptive parents on adoptive parenting;
572	(f) Documentation that information on adoption and the
573	adoption process has been provided to the intended adoptive
574	parents;
575	(g) Documentation that information on support services
576	available in the community has been provided to the intended
577	adoptive parents; and
578	(h) A copy of each signed acknowledgment required by s.
579	63.085.
580
581	If the preliminary home study is favorable, a minor may be
582	placed in the home pending entry of the judgment of adoption. A
583	minor may not be placed in the home if the preliminary home
584	study is unfavorable. If the preliminary home study is
585	unfavorable, the adoption entity may, within 20 days after
586	receipt of a copy of the written recommendation, petition the
587	court to determine the suitability of the intended adoptive
588	home. A determination as to suitability under this subsection
589	does not act as a presumption of suitability at the final
590	hearing. In determining the suitability of the intended adoptive
591	home, the court must consider the totality of the circumstances
592	in the home. No minor may be placed in a home in which there
593	resides any person determined by the court to be a sexual
594	predator as defined in s. 775.21 or to have been convicted of an
595	offense listed in s. 63.089(4)(b)2.
596	Section 9. Section 409.017, Florida Statutes, is created
597	to read:
598	409.017 Background screening for foster parents.--
599	(1) The department shall conduct security background
600	investigations for any person being considered by the department
601	for licensure as a foster parent. This investigation shall be
602	completed before the person may be licensed as a foster parent
603	and before a child is placed with the prospective foster parent.
604	The screening shall include any person older than 12 years of
605	age who resides in the home.
606	(2) For the purposes of this section, security background
607	investigations shall include, but not be limited to,
608	fingerprinting for all purposes and checks in this subsection,
609	statewide criminal and juvenile records checks through the
610	Department of Law Enforcement and the Department of Juvenile
611	Justice, national criminal records checks through the Federal
612	Bureau of Investigation, and local criminal records checks
613	through local law enforcement agencies. For children older than
614	12 years of age, the security background investigation shall be
615	limited to statewide criminal and juvenile records checks
616	through the Department of Law Enforcement and local criminal
617	records checks through local law enforcement agencies.
618	(3) For purposes of this section, offenses that would
619	otherwise be disqualifying are not disqualifying if committed by
620	a current or former foster child before the 18th birthday of the
621	child.
622	(4) The security background investigations under this
623	section must ensure that no foster parent licensed by the state
624	or person older than 12 years of age who resides in a foster
625	home, with the exception of current or former foster children as
626	specified in subsection (3), has been found guilty of,
627	regardless of adjudication, or entered a plea of nolo contendere
628	or guilty to, any felony offense prohibited under any of the
629	following provisions of the Florida Statutes or under any
630	similar statute of another jurisdiction at any time:
631	(a) Any statute creating a felony offense relating to
632	domestic violence, as defined in s. 741.28.
633	(b) Section 782.04, relating to murder.
634	(c) Section 782.07, relating to manslaughter, aggravated
635	manslaughter of an elderly person or disabled adult, or
636	aggravated manslaughter of a child.
637	(d) Section 784.021, relating to aggravated assault.
638	(e) Section 784.045, relating to aggravated battery.
639	(f) Section 794.011, relating to sexual battery.
640	(g) Former s. 794.041, relating to prohibited act of
641	persons in familial or custodial authority.
642	(h) Section 796.03, relating to procuring a person younger
643	that 18 years of age for prostitution.
644	(i) Section 800.04, relating to lewd or lascivious
645	offenses committed upon or in the presence of persons younger
646	than 16 years of age.
647	(j) Section 827.03, relating to child abuse, aggravated
648	child abuse, or neglect of a child.
649	(k) Section 827.04(3), relating to the impregnation of a
650	child younger than 16 years of age by a person 21 years of age
651	or older.
652	(l) Former s. 827.05, relating to negligent treatment of
653	children.
654	(m) Section 827.071, relating to sexual performance by a
655	child.
656	(n) Section 847.0135, relating to computer pornography.
657	(o) Section 847.0145, relating to the selling or buying of
658	minors.
659	(5) The security background investigations under this
660	section must ensure that no foster parent licensed by the state
661	or person residing in a foster home who is older than 12 years
662	of age, with the exception of current or former foster children
663	as specified in subsection (3), has been found guilty of,
664	regardless of adjudication, or entered a plea of nolo contendere
665	or guilty to, any felony offense prohibited under any of the
666	following provisions of the Florida Statutes or under any
667	similar statute of another jurisdiction and the offense was
668	committed within the previous 5 years:
669	(a) Section 414.39, relating to public assistance fraud.
670	(b) Section 415.111, relating to adult abuse, neglect, or
671	exploitation of an aged person or disabled adult.
672	(c) Section 782.071, relating to vehicular homicide.
673	(d) Section 782.09, relating to killing of an unborn child
674	by injury to the mother.
675	(e) Section 784.011, relating to assault, if the victim of
676	the offense was a minor.
677	(f) Section 784.03, relating to battery, if the victim of
678	the offense was a minor.
679	(g) Section 784.075, relating to battery on a staff member
680	of a detention or commitment facility.
681	(h) Section 787.01, relating to kidnapping.
682	(i) Section 787.02, relating to false imprisonment.
683	(j) Section 787.04(2), relating to taking, enticing, or
684	removing a child beyond the state limits with criminal intent
685	pending custody proceedings.
686	(k) Section 787.04(3), relating to carrying a child beyond
687	the state lines with criminal intent to avoid producing a child
688	at a custody hearing or delivering the child to the designated
689	person.
690	(l) Section 790.115(1), relating to exhibiting firearms or
691	weapons within 1,000 feet of a school.
692	(m) Section 790.115(2)(b), relating to possessing an
693	electric weapon or device, destructive device, or other weapon
694	on school property.
695	(n) Chapter 796, relating to prostitution, except s.
696	796.03, relating to procuring a person younger than 18 years of
697	age for prostitution.
698	(o) Section 798.02, relating to lewd and lascivious
699	behavior.
700	(p) Chapter 800, relating to lewdness and indecent
701	exposure with the exception of s. 800.04, relating to lewd or
702	lascivious offenses committed upon or in the presence of persons
703	younger than 16 years of age.
704	(q) Section 806.01, relating to arson.
705	(r) Chapter 812, relating to theft, robbery, and related
706	crimes, if the offense is a felony.
707	(s) Section 817.563, relating to the fraudulent sale of
708	controlled substances, if the offense was a felony.
709	(t) Section 825.102, relating to abuse, aggravated abuse,
710	or neglect of an elderly person or disabled adult.
711	(u) Section 825.1025, relating to lewd or lascivious
712	offenses committed upon or in the presence of an elderly person
713	or disabled adult.
714	(v) Section 825.103, relating to exploitation of an
715	elderly person or disabled adult, if the offense was a felony.
716	(w) Section 826.04, relating to incest.
717	(x) Section 827.04, relating to contributing to the
718	delinquency or dependency of a child, except s. 827.04(3),
719	relating to impregnation of a child younger than 16 years of age
720	by a person 21 years of age or older.
721	(y) Section 831.01, relating to forgery.
722	(z) Chapter 837, relating to perjury.
723	(aa) Section 843.01, relating to resisting arrest with
724	violence.
725	(bb) Section 843.025, relating to depriving a law
726	enforcement officer, correctional officer, or correctional
727	probation officer of means of protection or communication.
728	(cc) Section 843.12, relating to aiding in an escape.
729	(dd) Section 843.13, relating to aiding in the escape of a
730	juvenile inmate in a correctional institution.
731	(ee) Chapter 847, relating to obscene literature, except
732	s. 847.0135, relating to computer pornography, and s. 847.0145,
733	relating to the selling or buying of minors.
734	(ff) Chapter 893, relating to drug abuse prevention and
735	control, if the offense was a felony or if any other person
736	involved in the offense was a minor.
737	(gg) Section 944.35(3), relating to inflicting cruel or
738	inhuman treatment on an inmate resulting in great bodily harm.
739	(hh) Section 944.46, relating to harboring, concealing, or
740	aiding an escaped prisoner.
741	(ii) Section 944.47, relating to introduction of
742	contraband into a correctional facility.
743	(jj) Section 985.4045, relating to sexual misconduct in a
744	juvenile justice program.
745	(kk) Section 985.4046, relating to introduction of
746	contraband into a detention facility.
747	(6) If the security background investigation of a person
748	seeking licensure as a foster parent or any person residing in
749	the home, with the exception of current or former foster
750	children, reveals any findings of delinquency, any misdemeanor
751	conviction, or any felony conviction not identified in
752	subsection (4) or subsection (5), this information shall be
753	considered as a part of the determination as to whether to issue
754	a foster care license to the applicant or to revoke a foster
755	care license. In addition, any offenses which would otherwise be
756	disqualifying but which are not disqualifying as a result of
757	subsection (3) shall be considered as a part of the
758	determination as to whether to issue a foster care license to
759	the applicant or revoke a foster care license.
760	(7) The security background investigation of a prospective
761	foster parent must ensure that the previous licensing of any
762	prospective foster parent and any information relevant to such
763	previous license is considered in deciding whether or not to
764	issue a foster care license.
765	(8) Persons who are licensed as foster parents shall be
766	rescreened pursuant to this section no less frequently than upon
767	each application for relicensing. The rescreening must include,
768	at a minimum, local criminal records checks through local law
769	enforcement agencies. At a minimum of every 5 years, statewide
770	criminal records checks through the Department of Law
771	Enforcement must also be conducted. The department may by rule
772	provide for more frequent rescreening.
773	(9) The licensee is responsible for ensuring that any
774	person becoming a member of the household of a licensed foster
775	home submits to the department, within 5 days after becoming a
776	household member, the information necessary to conduct a
777	screening under this section.
778	(10) Persons in a foster home that holds a valid license
779	on June 30, 2003, shall be subject only to the rescreening
780	requirements of subsection (8). The background screening
781	requirements that were in effect on June 30, 2003, shall
782	continue to be the standards required for relicensure.
783	Section 10. Paragraphs (i) and (k) of subsection (2) of
784	section 409.175, Florida Statutes, are amended to read:
785	409.175 Licensure of family foster homes, residential
786	child-caring agencies, and child-placing agencies.--
787	(2) As used in this section, the term:
788	(i) "Personnel" means all owners, operators, employees,
789	and volunteers working in a child-placing agency, family foster
790	home,or residential child-caring agency who may be employed by
791	or do volunteer work for a person, corporation, or agency which
792	holds a license as a child-placing agency or a residential
793	child-caring agency, but the term does not include those who do
794	not work on the premises where child care is furnished and
795	either have no direct contact with a child or have no contact
796	with a child outside of the presence of the child's parent or
797	guardian. For purposes of screening, the term shall include any
798	member, over the age of 12 years, of the family of the owner or
799	operator or any person other than a client, over the age of 12
800	years, residing with the owner or operator if the agency or
801	family foster home is located in or adjacent to the home of the
802	owner or operator or if the family member of, or person residing
803	with, the owner or operator has any direct contact with the
804	children. Members of the family of the owner or operator, or
805	persons residing with the owner or operator, who are between the
806	ages of 12 years and 18 years shall not be required to be
807	fingerprinted, but shall be screened for delinquency records.
808	For purposes of screening, the term "personnel" shall also
809	include owners, operators, employees, and volunteers working in
810	summer day camps, or summer 24-hour camps providing care for
811	children. A volunteer who assists on an intermittent basis for
812	less than 40 hours per month shall not be included in the term
813	"personnel" for the purposes of screening, provided that the
814	volunteer is under direct and constant supervision by persons
815	who meet the personnel requirements of this section.
816	(k) "Screening" means the act of assessing the background
817	of personnel and includes, but is not limited to, employment
818	history checks as provided in chapter 435, using the level 2
819	standards for screening set forth in that chapter. Screening for
820	employees and volunteers in summer day camps and summer 24-hour
821	camps and screening for all volunteers included under the
822	definition of "personnel" shall be conducted as provided in
823	chapter 435, using the level 1 standards set forth in that
824	chapter.
825	Section 11. Section 409.177, Florida Statutes, is created
826	to read:
827	409.177 Background screening for personnel of child-
828	placing agencies and residential child-caring agencies providing
829	care for children.--
830	(1) The department must conduct criminal records checks
831	equivalent to the level 2 screening requirement of s. 435.04 for
832	the following persons:
833	(a) The personnel of any child-caring or child-placing
834	agency.
835	(b) Any person other than a client older than 12 years of
836	age who resides with the owner or operator of a child-placing
837	agency or residential child-caring agency if the agency is
838	located in or adjacent to the home of the owner or operator or
839	if the person residing with the owner or operator has any direct
840	contact with the children.
841
842	For children older than 12 years of age who reside with the
843	owner or operator, the security background investigation shall
844	be limited to statewide criminal and juvenile records checks
845	through the Department of Law Enforcement and local criminal
846	records checks through local law enforcement agencies.
847	(2) When the department has reasonable cause to believe
848	that grounds exist for the denial of a license or exclusion from
849	employment based on the screening required by this section, it
850	shall follow the provisions of s. 435.06.
851	(3) Exemptions from disqualification may be granted, at
852	the discretion of the department, as provided in section 435.07.
853	Section 12. Section 409.1759, Florida Statutes, is created
854	to read:
855	409.1759 Background screening for summer day camps and
856	summer 24-hour camps.--
857	(1) Operators, owners, employees, and volunteers of summer
858	day camps and summer 24-hour camps must obtain criminal records
859	checks equivalent to the level 1 screening requirement of s.
860	435.03.
861	(2) A volunteer who assists on an intermittent basis for
862	less than 40 hours per month is not required to be screened if
863	the volunteer is under direct and constant supervision by
864	persons who have been screened pursuant to this section.
865	Section 13. Section 435.045, Florida Statutes, is
866	repealed.
867	Section 14. Section 937.021, Florida Statutes, is amended
868	to read:
869	937.021 Missing child reports.--
870	(1)Upon the filing of a police report that a child is
871	missing by the parent or guardian, the law enforcement agency
872	receiving the reportwritten notificationshall immediately
873	inform all on-duty law enforcement officers of the existence of
874	the missing child report, communicate the report to every other
875	law enforcement agency having jurisdiction in the county, and
876	transmit the report for inclusion within the Florida Crime
877	Information Center computer.
878	(2) A police report that a child is missing may be filed
879	with the law enforcement agency having jurisdiction in the
880	county or municipality in which the child was last seen prior to
881	the filing of the report, without regard to whether the child
882	resides in or has any significant contacts with that county or
883	municipality. The filing of such a report shall impose the
884	duties specified in subsection (1) upon that law enforcement
885	agency.
886	Section 15. This act shall take effect July 1, 2003.