Senate Bill sb0606c1

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    Florida Senate - 2003                            CS for SB 606

    By the Committee on Children and Families; and Senator Miller





    300-1904-03

  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 certain persons

  5         who are 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:

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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                            CS for SB 606
    300-1904-03




 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, except for a member of the clergy as

 7  defined in s. 90.505 whose communication is privileged under

 8  s. 90.505, who is employed or supervised by:

 9         1.  Any religious institution, including synagogues,

10  churches, and mosques; or

11         2.  A school or an auxiliary organization that is

12  affiliated with such a religious institution,

13  

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

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

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

17  shall report such knowledge or suspicion to the department in

18  the manner prescribed in subsection (2).

19         (2)(a)  Each report of known or suspected child abuse,

20  abandonment, or neglect pursuant to this section, except those

21  solely under s. 827.04(3), shall be made immediately to the

22  department's central abuse hotline on the single statewide

23  toll-free telephone number, and, if the report is of an

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

25  the call shall be immediately electronically transferred to

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

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

28  suspected child abuse involving impregnation of a child under

29  16 years of age by a person 21 years of age or older solely

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

31  the appropriate county sheriff's office or other appropriate

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    Florida Senate - 2003                            CS for SB 606
    300-1904-03




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

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

 3  reporting provisions of this subsection do not apply to health

 4  care professionals or other persons who provide medical or

 5  counseling services to pregnant children when such reporting

 6  would interfere with the provision of medical services.

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

 8  investigation any report received by the central abuse hotline

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

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

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

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

13         (c)  Reporters in occupation categories designated in

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

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

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

17  provided in s. 39.202.

18         (d)  Reports involving known or suspected institutional

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

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

21         (e)  Reports involving a known or suspected juvenile

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

23         1.  The department shall determine the age of the

24  alleged juvenile sexual offender if known.

25         2.  When the alleged juvenile sexual offender is 12

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

27  investigation of the report pursuant to this part, immediately

28  electronically transfer the call to the appropriate law

29  enforcement agency office by the central abuse hotline, and

30  send a written report of the allegation to the appropriate

31  

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    Florida Senate - 2003                            CS for SB 606
    300-1904-03




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

 2  report is made to the central abuse hotline.

 3         3.  When the alleged juvenile sexual offender is 13

 4  years of age or older, the department shall immediately

 5  electronically transfer the call to the appropriate county

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

 7  written report to the appropriate county sheriff's office

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

 9  hotline.

10         (f)  Reports involving abandoned newborn infants as

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

12  department.

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

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

15  neglect, or abandonment other than that necessarily entailed

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

17  medical services station, or fire station, the department

18  shall provide to the caller the name of a licensed

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

20  licensed child-placing agencies eligible and required to

21  accept physical custody of and to place newborn infants left

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

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

24  neglect, or abandonment solely because the infant has been

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

26  fire station pursuant to s. 383.50.

27         2.  If the caller reports indications of abuse or

28  neglect beyond that necessarily entailed in the infant having

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

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

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

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    Florida Senate - 2003                            CS for SB 606
    300-1904-03




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

 2  this chapter, notwithstanding any provisions of chapter 383.

 3         (g)  Hotline counselors shall receive periodic training

 4  in encouraging reporters to provide their names when reporting

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

 6  the confidentiality provisions of s. 39.202. The department

 7  shall secure and install electronic equipment that

 8  automatically provides to the hotline the number from which

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

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

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

12  confidentiality as provided to the identity of the caller

13  pursuant to s. 39.202.

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

15  outgoing calls that are received or placed by the central

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

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

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

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

20  attorneys for the purpose of investigating and prosecuting

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

22  department for the purpose of investigating and seeking

23  administrative penalties pursuant to s. 39.206. Nothing in

24  This paragraph does not shall prohibit the use of the

25  recordings by hotline staff for quality assurance and

26  training.

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

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    Florida Senate - 2003                            CS for SB 606
    300-1904-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 606

 3                                 

 4  Excludes from employees of religious institutions who are
    specified as mandated reporters members of the clergy as
 5  defined in s. 90.505, F.S., whose communication meets the
    requirements of s. 90.505, F.S.
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