Senate Bill sb0606

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    Florida Senate - 2003                                   SB 606

    By Senator Miller





    18-49-03

  1                      A bill to be entitled

  2         An act relating to mandatory reports of child

  3         abuse, abandonment, or neglect; amending s.

  4         39.201, F.S.; providing that persons who are

  5         employed or supervised by religious

  6         institutions or by entities affiliated with

  7         such institutions must report to the Department

  8         of Children and Family Services their knowledge

  9         or reasonable suspicion of child abuse,

10         abandonment, or neglect; providing an effective

11         date.

12  

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

14  

15         Section 1.  Subsections (1) and (2) of section 39.201,

16  Florida Statutes, are amended to read:

17         39.201  Mandatory reports of child abuse, abandonment,

18  or neglect; mandatory reports of death; central abuse

19  hotline.--

20         (1)  Any person, including, but not limited to, any:

21         (a)  Physician, osteopathic physician, medical

22  examiner, chiropractic physician, nurse, or hospital personnel

23  engaged in the admission, examination, care, or treatment of

24  persons;

25         (b)  Health or mental health professional other than

26  one listed in paragraph (a);

27         (c)  Practitioner who relies solely on spiritual means

28  for healing;

29         (d)  School teacher or other school official or

30  personnel;

31  

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    Florida Senate - 2003                                   SB 606
    18-49-03




 1         (e)  Social worker, day care center worker, or other

 2  professional child care, foster care, residential, or

 3  institutional worker;

 4         (f)  Law enforcement officer; or

 5         (g)  Judge; or,

 6         (h)  Person who is employed or supervised by:

 7         1.  Any religious institution, including synagogues,

 8  churches, and mosques; or

 9         2.  A school or an auxiliary organization that is

10  affiliated with such a religious institution,

11  

12  who knows, or has reasonable cause to suspect, that a child is

13  abused, abandoned, or neglected by a parent, legal custodian,

14  caregiver, or other person responsible for the child's welfare

15  shall report such knowledge or suspicion to the department in

16  the manner prescribed in 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, and, if the report is of an

22  instance of known or suspected child abuse by a noncaretaker,

23  the call shall be immediately electronically transferred to

24  the appropriate county sheriff's office by the central abuse

25  hotline.  If the report is of an instance of known or

26  suspected child abuse involving impregnation of a child under

27  16 years of age by a person 21 years of age or older solely

28  under s. 827.04(3), the report shall be made immediately to

29  the appropriate county sheriff's office or other appropriate

30  law enforcement agency. If the report is of an instance of

31  known or suspected child abuse solely under s. 827.04(3), the

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    Florida Senate - 2003                                   SB 606
    18-49-03




 1  reporting provisions of this subsection do not apply to health

 2  care professionals or other persons who provide medical or

 3  counseling services to pregnant children when such reporting

 4  would interfere with the provision of medical services.

 5         (b)  The department must consider valid and accept for

 6  investigation any report received by the central abuse hotline

 7  from a judge, teacher or other professional school official,

 8  or physician, as specified in paragraph (1)(a), paragraph

 9  (1)(d), or paragraph (1)(g), who is acting in his or her

10  professional capacity, alleging harm as defined in s. 39.01.

11         (c)  Reporters in occupation categories designated in

12  subsection (1) are required to provide their names to the

13  hotline staff.  The names of reporters shall be entered into

14  the record of the report, but shall be held confidential as

15  provided in s. 39.202.

16         (d)  Reports involving known or suspected institutional

17  child abuse or neglect shall be made and received in the same

18  manner as all other reports made pursuant to this section.

19         (e)  Reports involving a known or suspected juvenile

20  sexual offender shall be made and received by the department.

21         1.  The department shall determine the age of the

22  alleged juvenile sexual offender if known.

23         2.  When the alleged juvenile sexual offender is 12

24  years of age or younger, the department shall proceed with an

25  investigation of the report pursuant to this part, immediately

26  electronically transfer the call to the appropriate law

27  enforcement agency office by the central abuse hotline, and

28  send a written report of the allegation to the appropriate

29  county sheriff's office within 48 hours after the initial

30  report is made to the central abuse hotline.

31  

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    Florida Senate - 2003                                   SB 606
    18-49-03




 1         3.  When the alleged juvenile sexual offender is 13

 2  years of age or older, the department shall immediately

 3  electronically transfer the call to the appropriate county

 4  sheriff's office by the central abuse hotline, and send a

 5  written report to the appropriate county sheriff's office

 6  within 48 hours after the initial report to the central abuse

 7  hotline.

 8         (f)  Reports involving abandoned newborn infants as

 9  described in s. 383.50 shall be made and received by the

10  department.

11         1.  If the report is of an abandoned newborn infant as

12  described in s. 383.50 and there is no indication of abuse,

13  neglect, or abandonment other than that necessarily entailed

14  in the infant having been left at a hospital, emergency

15  medical services station, or fire station, the department

16  shall provide to the caller the name of a licensed

17  child-placing agency on a rotating basis from a list of

18  licensed child-placing agencies eligible and required to

19  accept physical custody of and to place newborn infants left

20  at a hospital, emergency medical services station, or fire

21  station. The report shall not be considered a report of abuse,

22  neglect, or abandonment solely because the infant has been

23  left at a hospital, emergency medical services station, or

24  fire station pursuant to s. 383.50.

25         2.  If the caller reports indications of abuse or

26  neglect beyond that necessarily entailed in the infant having

27  been left at a hospital, emergency medical services station,

28  or fire station, the report shall be considered as a report of

29  abuse, neglect, or abandonment and shall be subject to the

30  requirements of s. 39.395 and all other relevant provisions of

31  this chapter, notwithstanding any provisions of chapter 383.

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    Florida Senate - 2003                                   SB 606
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 1         (g)  Hotline counselors shall receive periodic training

 2  in encouraging reporters to provide their names when reporting

 3  abuse, abandonment, or neglect.  Callers shall be advised of

 4  the confidentiality provisions of s. 39.202. The department

 5  shall secure and install electronic equipment that

 6  automatically provides to the hotline the number from which

 7  the call is placed.  This number shall be entered into the

 8  report of abuse, abandonment, or neglect and become a part of

 9  the record of the report, but shall enjoy the same

10  confidentiality as provided to the identity of the caller

11  pursuant to s. 39.202.

12         (h)  The department shall voice-record all incoming or

13  outgoing calls that are received or placed by the central

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

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

16  the record of the report but, notwithstanding s. 39.202, shall

17  be released in full only to law enforcement agencies and state

18  attorneys for the purpose of investigating and prosecuting

19  criminal charges pursuant to s. 39.205, or to employees of the

20  department for the purpose of investigating and seeking

21  administrative penalties pursuant to s. 39.206. Nothing in

22  This paragraph does not shall prohibit the use of the

23  recordings by hotline staff for quality assurance and

24  training.

25         Section 2.  This act shall take effect July 1, 2003.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Specifies that persons who are employed or supervised by
      religious institutions or by schools or auxiliary
30    organizations affiliated with such institutions must
      report to the Department of Children and Family Services
31    any knowledge or reasonable suspicion of child abuse,
      abandonment, or neglect.
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