Senate Bill sb1442
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Florida Senate - 2003 SB 1442
By the Committee on Children and Families
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1 A bill to be entitled
2 An act relating to child protective
3 investigations; amending s. 39.201, F.S.;
4 clarifying persons responsible for a child's
5 welfare; requiring personnel from the abuse
6 hotline of the Department of Children and
7 Family Services to determine if a report meets
8 the criteria for child abuse, neglect, or
9 abandonment; modifying the consideration given
10 to specified reporters; providing that reports
11 accepted for investigation in other states may
12 not be accepted by the hotline; amending s.
13 39.301, F.S.; providing for an onsite
14 investigation process for reports meeting
15 specified criteria; requiring approval and
16 documentation that a report meets the criteria;
17 requiring that certain reports are subject to
18 an enhanced onsite child protective
19 investigation; providing criteria; providing
20 requirements for such investigations; requiring
21 the department to establish the investigation
22 process by rule; requiring the department to
23 monitor the findings of the reports in its
24 quality assurance program; amending s. 39.302,
25 F.S.; revising the timeframe for responding to
26 a report of institutional child abuse; amending
27 s. 39.823, F.S., relating to guardian
28 advocates; conforming a cross-reference to
29 changes made by the act; amending s. 414.065,
30 F.S.; eliminating the requirement for a
31 referral for protection intervention; requiring
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1 the Department of Children and Family Services
2 to establish a Protective Investigator
3 Retention Workgroup; specifying the issues to
4 be examined and plans to be developed;
5 requiring a report to the Legislature on the
6 results of the examinations and plans
7 developed; requiring the Department of Children
8 and Family Services to conduct a quality
9 assurance review of child abuse reports that
10 are subject to an onsite child protective
11 investigation; requiring a report to the
12 Legislature; prohibiting the amendment of the
13 approved operating budget to reduce protective
14 investigative positions; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsection (1) and paragraphs (a) and (b)
20 of subsection (2) of section 39.201, Florida Statutes, are
21 amended to read:
22 39.201 Mandatory reports of child abuse, abandonment,
23 or neglect; mandatory reports of death; central abuse
24 hotline.--
25 (1) Any person, including, but not limited to, any:
26 (a) Physician, osteopathic physician, medical
27 examiner, chiropractic physician, nurse, or hospital personnel
28 engaged in the admission, examination, care, or treatment of
29 persons;
30 (b) Health or mental health professional other than
31 one listed in paragraph (a);
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1 (c) Practitioner who relies solely on spiritual means
2 for healing;
3 (d) School teacher or other school official or
4 personnel;
5 (e) Social worker, day care center worker, or other
6 professional child care, foster care, residential, or
7 institutional worker;
8 (f) Law enforcement officer; or
9 (g) Judge,
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11 who knows, or has reasonable cause to suspect, that a child is
12 abused, abandoned, or neglected by a parent, legal custodian,
13 caregiver, or other person responsible for the child's welfare
14 as defined in this chapter shall report such knowledge or
15 suspicion to the department in the manner prescribed in
16 subsection (2).
17 (2)(a) Each report of known or suspected child abuse,
18 abandonment, or neglect pursuant to this section, except those
19 solely under s. 827.04(3), shall be made immediately to the
20 department's central abuse hotline on the single statewide
21 toll-free telephone number. Personnel at the department's
22 central abuse hotline shall determine if the report received
23 meets the statutory criteria for child abuse, abandonment, or
24 neglect, and every report meeting said criteria shall be
25 accepted for protective investigation pursuant to Part III 4f
26 this chapter., and, If the report is of an instance of known
27 or suspected child abuse by a noncaretaker, the call shall be
28 immediately electronically transferred to the appropriate
29 county sheriff's office by the central abuse hotline. If the
30 report is of an instance of known or suspected child abuse
31 involving impregnation of a child under 16 years of age by a
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1 person 21 years of age or older solely under s. 827.04(3), the
2 report shall be made immediately to the appropriate county
3 sheriff's office or other appropriate law enforcement agency.
4 If the report is of an instance of known or suspected child
5 abuse solely under s. 827.04(3), the reporting provisions of
6 this subsection do not apply to health care professionals or
7 other persons who provide medical or counseling services to
8 pregnant children when such reporting would interfere with the
9 provision of medical services.
10 (b) Reports that are accepted by another state for
11 investigation of child abuse, neglect, or abandonment may not
12 be accepted for investigation by the central abuse hotline.
13 For such reports, information on the report shall be
14 transferred to the state accepting the report for
15 investigation. The department must consider valid and accept
16 for investigation any report received by the central abuse
17 hotline from a judge, teacher or other professional school
18 official, or physician, as specified in paragraph (1)(a),
19 paragraph (1)(d), or paragraph (1)(g), who is acting in his or
20 her professional capacity, alleging harm as defined in s.
21 39.01.
22 Section 2. Subsection (9) of section 39.301, Florida
23 Statutes, is amended, present subsections (10), (11), (12),
24 (13), (14), (15), (16), (17), (18), and (19) are redesignated
25 as subsections (13), (14), (15), (16), (17), (18), (19), (20),
26 (21), and (22), respectively, and new subsections (10), (11),
27 and (12) are added to that section to read:
28 39.301 Initiation of protective investigations.--
29 (9)(a) For each report received that meets one or more
30 of the following criteria it receives, the department shall
31 perform an onsite child protective investigation:
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1 1. A report for which there is obvious compelling
2 evidence that no maltreatment occurred and there are no prior
3 reports containing some indicators or verified findings of
4 abuse or neglect with respect to any subject of the report or
5 other individuals in the home. The process for an onsite child
6 protective investigation stipulated in this subsection may not
7 be conducted if an allegation meeting the criteria of this
8 subparagraph involves physical abuse, sexual abuse, domestic
9 violence, substance abuse or substance exposure, medical
10 neglect, a child younger than 3 years of age, or a child who
11 is disabled or lacks communication skills.
12 2. A report of abuse that occurred out of state and
13 the child and the alleged perpetrator reside out of state, if
14 the state in which the abuse occurred does not accept the
15 report for investigation. If another state accepts the report
16 meeting the criteria set forth in this subparagraph, the
17 information received by the central abuse hotline shall be
18 transferred pursuant to s. 39.201(2)(b).
19 3. A report concerning an incident of abuse which is
20 alleged to have occurred 2 or more years prior to the date of
21 the report.
22 (b) The onsite child protective investigation to be
23 performed shall include that includes a face-to-face interview
24 with the child, other siblings, and parents, and other adults
25 in the household and an onsite assessment of the child's
26 residence in order to:
27 1.(a) Determine the composition of the family or
28 household, including the name, address, date of birth, social
29 security number, sex, and race of each child named in the
30 report; any siblings or other children in the same household
31 or in the care of the same adults; the parents, legal
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1 custodians, or caregivers; and any other adults in the same
2 household.
3 2.(b) Determine whether there is indication that any
4 child in the family or household has been abused, abandoned,
5 or neglected; the nature and extent of present or prior
6 injuries, abuse, or neglect, and any evidence thereof; and a
7 determination as to the person or persons apparently
8 responsible for the abuse, abandonment, or neglect, including
9 the name, address, date of birth, social security number, sex,
10 and race of each such person.
11 3.(c) Determine the immediate and long-term risk to
12 each child by conducting state and federal records checks,
13 including, when feasible, the records of the Department of
14 Corrections, on the parents, legal custodians, or caregivers,
15 and any other persons in the same household. This information
16 shall be used solely for purposes supporting the detection,
17 apprehension, prosecution, pretrial release, posttrial
18 release, or rehabilitation of criminal offenders or persons
19 accused of the crimes of child abuse, abandonment, or neglect
20 and shall not be further disseminated or used for any other
21 purpose. The department's child protection investigators are
22 hereby designated a criminal justice agency for the purpose of
23 accessing criminal justice information to be used for
24 enforcing this state's laws concerning the crimes of child
25 abuse, abandonment, and neglect.
26 4.(d) Determine the immediate and long-term risk to
27 each child through utilization of standardized risk assessment
28 instruments.
29 5.(e) Based on the information obtained from available
30 sources, complete the risk assessment instrument within 48
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1 hours after the initial contact and, if needed, develop a case
2 plan.
3 6.(f) Determine the protective, treatment, and
4 ameliorative services necessary to safeguard and ensure the
5 child's safety and well-being and development, and cause the
6 delivery of those services through the early intervention of
7 the department or its agent. The training provided to staff
8 members who conduct child protective investigations must
9 include instruction on how and when to use the injunction
10 process under s. 39.504 or s. 741.30 to remove a perpetrator
11 of domestic violence from the home as an intervention to
12 protect the child.
13 (c) The determination that a report requires an
14 investigation as provided in this subsection and does not
15 require an enhanced onsite child protective investigation
16 pursuant to subsection (10) must be approved in writing by the
17 supervisor with documentation specifying why additional
18 investigative activities are not necessary.
19 (d) A report that meets the criteria specified in this
20 subsection is not precluded from further investigative
21 activities. At any time it is determined that additional
22 investigative activities are necessary for the safety of the
23 child, such activities shall be conducted.
24 (10)(a) For each report that meets one or more of the
25 following criteria, the department shall perform an enhanced
26 onsite child protective investigation:
27 1. Any allegation that involves physical abuse, sexual
28 abuse, domestic violence, substance abuse or substance
29 exposure, medical neglect, a child younger than 3 years of
30 age, or a child who is disabled or lacks communication skills.
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1 2. Any report that involves an individual who has been
2 the subject of a prior report containing some indicators or
3 verified findings of abuse, neglect, or abandonment.
4 3. Any report that does not contain compelling
5 evidence that the maltreatment did not occur.
6 4. Any report that does not meet the criteria for an
7 onsite child protective investigation as set forth in
8 subsection (9).
9 (b) The enhanced onsite child protective investigation
10 shall include, but is not limited to, a face-to-face interview
11 with the child, other siblings, parents, and other adults in
12 the household; collateral contacts; contact with the reporter
13 as required by rule; an onsite assessment of the child's
14 residence in accordance with subsection (9)(b); and an updated
15 assessment. Detailed documentation is required for the
16 investigative activities.
17 (11) The department shall establish by rule the
18 process for conducting an onsite child protective
19 investigation which specifically does not require the
20 additional activities required by the department and an
21 enhanced onsite child protective investigation, including
22 determining whether compelling evidence exists that no
23 maltreatment occurred, conducting collateral contacts,
24 contacting the reporter, updating the risk assessment, and
25 providing for differential levels of documentation between an
26 onsite and an enhanced onsite child protective investigation.
27 (12) The department shall incorporate into its quality
28 assurance program the monitoring of the determination of
29 reports that receive an onsite child protective investigation
30 and those that receive an enhanced onsite child protective
31 investigation.
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1 Section 3. Subsection (1) of section 39.302, Florida
2 Statutes, is amended to read:
3 39.302 Protective investigations of institutional
4 child abuse, abandonment, or neglect.--
5 (1) The department shall conduct a child protective
6 investigation of each report of institutional child abuse,
7 abandonment, or neglect. Upon receipt of a report that which
8 alleges that an employee or agent of the department, or any
9 other entity or person covered by s. 39.01(31) or (47), acting
10 in an official capacity, has committed an act of child abuse,
11 abandonment, or neglect, the department shall immediately
12 initiate a child protective investigation within the timeframe
13 established by the central abuse hotline pursuant to s.
14 39.201(5) and orally notify the appropriate state attorney,
15 law enforcement agency, and licensing agency. These agencies
16 shall immediately conduct a joint investigation, unless
17 independent investigations are more feasible. When conducting
18 investigations onsite or having face-to-face interviews with
19 the child, such investigation visits shall be unannounced
20 unless it is determined by the department or its agent that
21 such unannounced visits would threaten the safety of the
22 child. When a facility is exempt from licensing, the
23 department shall inform the owner or operator of the facility
24 of the report. Each agency conducting a joint investigation
25 shall be entitled to full access to the information gathered
26 by the department in the course of the investigation. A
27 protective investigation must include an onsite visit of the
28 child's place of residence. In all cases, the department shall
29 make a full written report to the state attorney within 3
30 working days after making the oral report. A criminal
31 investigation shall be coordinated, whenever possible, with
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1 the child protective investigation of the department. Any
2 interested person who has information regarding the offenses
3 described in this subsection may forward a statement to the
4 state attorney as to whether prosecution is warranted and
5 appropriate. Within 15 days after the completion of the
6 investigation, the state attorney shall report the findings to
7 the department and shall include in such report a
8 determination of whether or not prosecution is justified and
9 appropriate in view of the circumstances of the specific case.
10 Section 4. Section 39.823, Florida Statutes, is
11 amended to read:
12 39.823 Guardian advocates for drug dependent
13 newborns.--The Legislature finds that increasing numbers of
14 drug dependent children are born in this state. Because of the
15 parents' continued dependence upon drugs, the parents may
16 temporarily leave their child with a relative or other adult
17 or may have agreed to voluntary family services under s.
18 39.301(15) s. 39.301(12). The relative or other adult may be
19 left with a child who is likely to require medical treatment
20 but for whom they are unable to obtain medical treatment. The
21 purpose of this section is to provide an expeditious method
22 for such relatives or other responsible adults to obtain a
23 court order which allows them to provide consent for medical
24 treatment and otherwise advocate for the needs of the child
25 and to provide court review of such authorization.
26 Section 5. Subsection (2) of section 414.065, Florida
27 Statutes, is amended to read:
28 414.065 Noncompliance with work requirements.--
29 (2) CONTINUATION OF TEMPORARY CASH ASSISTANCE FOR
30 CHILDREN; PROTECTIVE PAYEES.--
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1 (a) Upon the second or third occurrence of
2 noncompliance, temporary cash assistance and food stamps for
3 the child or children in a family who are under age 16 may be
4 continued. Any such payments must be made through a protective
5 payee or, in the case of food stamps, through an authorized
6 representative. Under no circumstances shall temporary cash
7 assistance or food stamps be paid to an individual who has
8 failed to comply with program requirements.
9 (b) Protective payees shall be designated by the
10 department and may include:
11 1. A relative or other individual who is interested in
12 or concerned with the welfare of the child or children and
13 agrees in writing to utilize the assistance in the best
14 interest of the child or children.
15 2. A member of the community affiliated with a
16 religious, community, neighborhood, or charitable organization
17 who agrees in writing to utilize the assistance in the best
18 interest of the child or children.
19 3. A volunteer or member of an organization who agrees
20 in writing to fulfill the role of protective payee and to
21 utilize the assistance in the best interest of the child or
22 children.
23 (c) The protective payee designated by the department
24 shall be the authorized representative for purposes of
25 receiving food stamps on behalf of a child or children under
26 age 16. The authorized representative must agree in writing to
27 use the food stamps in the best interest of the child or
28 children.
29 (d) If it is in the best interest of the child or
30 children, as determined by the department, for the staff
31 member of a private agency, a public agency, the department,
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1 or any other appropriate organization to serve as a protective
2 payee or authorized representative, such designation may be
3 made, except that a protective payee or authorized
4 representative must not be any individual involved in
5 determining eligibility for temporary cash assistance or food
6 stamps for the family, staff handling any fiscal processes
7 related to issuance of temporary cash assistance or food
8 stamps, or landlords, grocers, or vendors of goods, services,
9 or items dealing directly with the participant.
10 (e) The department may pay incidental expenses or
11 travel expenses for costs directly related to performance of
12 the duties of a protective payee as necessary to implement the
13 provisions of this subsection.
14 (f) If the department is unable to designate a
15 qualified protective payee or authorized representative, a
16 referral shall be made under the provisions of chapter 39 for
17 protective intervention.
18 Section 6. (1) The Department of Children and Family
19 Services shall establish a Protective Investigator Retention
20 Workgroup to examine the following issues and develop plans
21 for necessary actions as set forth for each issue:
22 (a) Examine the feasibility of an alternative response
23 system for responding to low-risk abuse and neglect reports,
24 design and describe in detail the alternative response system
25 that would best serve this state, and develop a plan for
26 implementing the system;
27 (b) Examine and develop a plan for an investigative
28 process that provides for different levels of investigative
29 activities based on the level of severity of the abuse;
30 (c) Examine and make recommendations regarding how
31 institutional child abuse in facilities of the Department of
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1 Juvenile Justice should be handled, including the protection
2 against abuse which should be afforded children in those
3 facilities, the entity or entities that should be responsible
4 for conducting the investigations, the penalties or sanctions
5 that should be imposed, a means of providing for the
6 independence of investigations, and how the recommendations
7 will ensure the protection of children;
8 (d) Examine the results of the Florida State
9 University protective investigators' task analysis study to
10 determine how to make the child protective investigation
11 process more efficient, including, but not limited to,
12 identifying the tasks that are necessary for an effective
13 protective investigation process, streamlining of forms, and
14 identifying the tasks that should be performed by other
15 positions;
16 (e) Examine and develop a plan for building
17 communication and involvement in decisionmaking with front
18 line staff and for promoting nonmonetary recognition;
19 (f) Examine and make recommendations regarding the
20 minimum appropriate education and work experience desirable
21 for protective investigators and protective investigator
22 supervisors; and
23 (g) Examine and develop a plan for the training needed
24 to adequately prepare protective investigators for the job,
25 including, but not limited to, identifying the training that
26 is applicable statewide and that is specific to each district,
27 identifying instruction that is appropriate for classroom
28 training and that would be more effective through some form of
29 structured field or on-the-job training, strengthening the
30 structured field or on-the-job training, estimating the cost
31 of strengthening the structured field or on-the-job training,
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1 and setting forth a 3-year implementation plan for phasing in
2 any identified expansion to the training program.
3 (2) The department shall include as members of the
4 workgroup protective investigators, protective investigative
5 supervisors, representatives from at least two of the
6 sheriffs' offices conducting this function on the effective
7 date of this act, and at least one individual outside the
8 department who has expertise in other states' child protection
9 systems.
10 (3) Advisory groups may be used to conduct the
11 examinations and develop the specified plans. The department
12 is encouraged to use individuals and entities having knowledge
13 and experience in the issues from outside the department on
14 these advisory groups such as representatives having
15 experience in domestic violence programs and services. The
16 following representation shall be included on either the
17 advisory group or workgroup examining the issue:
18 (a) Representatives from the Department of Juvenile
19 Justice and the Statewide Advocacy Council for the examination
20 of institutional child abuse in Department of Juvenile Justice
21 facilities;
22 (b) Representatives from the Professional Development
23 Center for examination of the training needed to adequately
24 prepare protective investigators;
25 (c) Representatives having experience from Florida's
26 Family Services Response System and from the Neighborhood
27 Partnerships for the Protection of Children for the
28 examination of the feasibility of an alternative response
29 system; and
30 (d) Representatives from the Behavior Analysis
31 Services Program for examination of factors relating to the
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1 level of severity and probability of continued or increased
2 abuse and corresponding levels of investigative activities.
3 (4) The Protective Investigators' Retention Workgroup
4 shall ensure that each of the examinations is conducted with
5 the necessary sharing of information and results to prevent
6 the development of plans that are incompatible with each
7 other. Instead, each of the plans should support and build
8 upon the other.
9 (5) A report of the results of each of the
10 examinations and plans developed shall be submitted to the
11 President of the Senate, the Speaker of the House of
12 Representatives, and the Governor by December 31, 2003.
13 Section 7. The Legislature finds that there is
14 evidence suggesting a link between the availability of certain
15 services to families in the child protective system and the
16 workload and turnover of protective investigators. Families
17 being investigated for child abuse may be remaining in the
18 investigation process longer or returning through the child
19 protective system due to certain services not being available
20 for the families, increasing the number of families requiring
21 subsequent investigations. Therefore, the Office of Program
22 Policy Analysis and Government Accountability is directed to
23 conduct a study of the impact that the availability of
24 services to families has on the protective investigators'
25 workload and turnover and on the subsequent reports of abuse
26 in the families and to identify those specific services that
27 would address the immediate needs of families involved in a
28 child protective investigation process and those services that
29 would be most likely to prevent the families' return into the
30 child protection system. A report of the results of the study
31 shall be submitted to the President of the Senate, the Speaker
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1 of the House of Representatives, and the Governor by December
2 31, 2003.
3 Section 8. The Department of Children and Family
4 Services shall conduct a quality assurance review of the
5 reports receiving an onsite child protective investigation
6 process pursuant to section 39.301(9), Florida Statutes, to
7 examine the accuracy of the determinations not to use the
8 enhanced process and whether there is an unacceptable risk to
9 the families in not using the enhanced process. A preliminary
10 report shall be submitted to the Senate Committee on Children
11 and Families and the House Committee on the Future of
12 Florida's Families with recommendations for modifications, if
13 determined necessary, by December 31, 2003, and a final report
14 shall be submitted to the President of the Senate, the Speaker
15 of the House of Representatives, and the Governor by December
16 31, 2004.
17 Section 9. Notwithstanding any other provision of law
18 to the contrary and for the 2003-2004 fiscal year only, the
19 Department of Children and Family Services may not amend the
20 approved operating budget in a manner that decreases the
21 funding and positions appropriated for additional protective
22 investigator positions and the costs related to those
23 positions.
24 Section 10. This act shall take effect upon becoming a
25 law.
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2 SENATE SUMMARY
3 Revises various provisions concerning child protective
services. Revises requirements for determining if a
4 report meets the criteria for child abuse, neglect, or
abandonment. Provides for an abbreviated investigation
5 process for reports that meet specified criteria.
Requires the Department of Children and Family Services
6 to establish a Protective Investigator Retention
Workgroup. Provides issues to be examined and plans to be
7 developed. Requires the department to conduct a quality
assurance review of child abuse reports receiving an
8 abbreviated investigation. Requires reports to the
Legislature. (See bill for details.)
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