HB 0629 2003
1	A bill to be entitled
2	An act relating to mandatory reports of child abuse,
3	abandonment, or neglect; amending s. 39.201, F.S.;
4	providing that persons who are employed or supervised by
5	religious institutions or by entities affiliated with such
6	institutions must report to the Department of Children and
7	Family Services their knowledge or reasonable suspicion of
8	child abuse, abandonment, or neglect; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Subsections (1) and (2) of section 39.201,
14	Florida Statutes, are amended to read:
15	39.201 Mandatory reports of child abuse, abandonment, or
16	neglect; mandatory reports of death; central abuse hotline.--
17	(1) Any person, including, but not limited to, any:
18	(a) Physician, osteopathic physician, medical examiner,
19	chiropractic physician, nurse, or hospital personnel engaged in
20	the admission, examination, care, or treatment of persons;
21	(b) Health or mental health professional other than one
22	listed in paragraph (a);
23	(c) Practitioner who relies solely on spiritual means for
24	healing;
25	(d) School teacher or other school official or personnel;
26	(e) Social worker, day care center worker, or other
27	professional child care, foster care, residential, or
28	institutional worker;
29	(f) Law enforcement officer; or
30	(g) Judge; or,
31	(h) Person who is employed or supervised by:
32	1. Any religious institution, including synagogues,
33	churches, and mosques; or
34	2. A school or an auxiliary organization that is
35	affiliated with such a religious institution,
36
37	who knows, or has reasonable cause to suspect, that a child is
38	abused, abandoned, or neglected by a parent, legal custodian,
39	caregiver, or other person responsible for the child's welfare
40	shall report such knowledge or suspicion to the department in
41	the manner prescribed in subsection (2).
42	(2)(a) Each report of known or suspected child abuse,
43	abandonment, or neglect pursuant to this section, except those
44	solely under s. 827.04(3), shall be made immediately to the
45	department's central abuse hotline on the single statewide toll-
46	free telephone number, and, if the report is of an instance of
47	known or suspected child abuse by a noncaretaker, the call shall
48	be immediately electronically transferred to the appropriate
49	county sheriff's office by the central abuse hotline. If the
50	report is of an instance of known or suspected child abuse
51	involving impregnation of a child under 16 years of age by a
52	person 21 years of age or older solely under s. 827.04(3), the
53	report shall be made immediately to the appropriate county
54	sheriff's office or other appropriate law enforcement agency. If
55	the report is of an instance of known or suspected child abuse
56	solely under s. 827.04(3), the reporting provisions of this
57	subsection do not apply to health care professionals or other
58	persons who provide medical or counseling services to pregnant
59	children when such reporting would interfere with the provision
60	of medical services.
61	(b) The department must consider valid and accept for
62	investigation any report received by the central abuse hotline
63	from a judge, teacher or other professional school official, or
64	physician, as specified in paragraph (1)(a), paragraph (1)(d),
65	or paragraph (1)(g), who is acting in his or her professional
66	capacity, alleging harm as defined in s. 39.01.
67	(c) Reporters in occupation categories designated in
68	subsection (1) are required to provide their names to the
69	hotline staff. The names of reporters shall be entered into the
70	record of the report, but shall be held confidential as provided
71	in s. 39.202.
72	(d) Reports involving known or suspected institutional
73	child abuse or neglect shall be made and received in the same
74	manner as all other reports made pursuant to this section.
75	(e) Reports involving a known or suspected juvenile sexual
76	offender shall be made and received by the department.
77	1. The department shall determine the age of the alleged
78	juvenile sexual offender if known.
79	2. When the alleged juvenile sexual offender is 12 years
80	of age or younger, the department shall proceed with an
81	investigation of the report pursuant to this part, immediately
82	electronically transfer the call to the appropriate law
83	enforcement agency office by the central abuse hotline, and send
84	a written report of the allegation to the appropriate county
85	sheriff's office within 48 hours after the initial report is
86	made to the central abuse hotline.
87	3. When the alleged juvenile sexual offender is 13 years
88	of age or older, the department shall immediately electronically
89	transfer the call to the appropriate county sheriff's office by
90	the central abuse hotline, and send a written report to the
91	appropriate county sheriff's office within 48 hours after the
92	initial report to the central abuse hotline.
93	(f) Reports involving abandoned newborn infants as
94	described in s. 383.50 shall be made and received by the
95	department.
96	1. If the report is of an abandoned newborn infant as
97	described in s. 383.50 and there is no indication of abuse,
98	neglect, or abandonment other than that necessarily entailed in
99	the infant having been left at a hospital, emergency medical
100	services station, or fire station, the department shall provide
101	to the caller the name of a licensed child-placing agency on a
102	rotating basis from a list of licensed child-placing agencies
103	eligible and required to accept physical custody of and to place
104	newborn infants left at a hospital, emergency medical services
105	station, or fire station. The report shall not be considered a
106	report of abuse, neglect, or abandonment solely because the
107	infant has been left at a hospital, emergency medical services
108	station, or fire station pursuant to s. 383.50.
109	2. If the caller reports indications of abuse or neglect
110	beyond that necessarily entailed in the infant having been left
111	at a hospital, emergency medical services station, or fire
112	station, the report shall be considered as a report of abuse,
113	neglect, or abandonment and shall be subject to the requirements
114	of s. 39.395 and all other relevant provisions of this chapter,
115	notwithstanding any provisions of chapter 383.
116	(g) Hotline counselors shall receive periodic training in
117	encouraging reporters to provide their names when reporting
118	abuse, abandonment, or neglect. Callers shall be advised of the
119	confidentiality provisions of s. 39.202. The department shall
120	secure and install electronic equipment that automatically
121	provides to the hotline the number from which the call is
122	placed. This number shall be entered into the report of abuse,
123	abandonment, or neglect and become a part of the record of the
124	report, but shall enjoy the same confidentiality as provided to
125	the identity of the caller pursuant to s. 39.202.
126	(h) The department shall voice-record all incoming or
127	outgoing calls that are received or placed by the central abuse
128	hotline which relate to suspected or known child abuse, neglect,
129	or abandonment. The recording shall become a part of the record
130	of the report but, notwithstanding s. 39.202, shall be released
131	in full only to law enforcement agencies and state attorneys for
132	the purpose of investigating and prosecuting criminal charges
133	pursuant to s. 39.205, or to employees of the department for the
134	purpose of investigating and seeking administrative penalties
135	pursuant to s. 39.206. Nothing in This paragraph does notshall
136	prohibit the use of the recordings by hotline staff for quality
137	assurance and training.
138	Section 2. This act shall take effect July 1, 2003.