HB 0407CS

CHAMBER ACTION




1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to child protective investigations;
8amending s. 39.301, F.S.; prohibiting the use of
9information contained in reports of child abuse,
10abandonment, or neglect for purposes that adversely affect
11the interests of persons who are not identified as
12responsible for such abuse, abandonment, or neglect;
13amending s. 39.302, F.S.; prohibiting the use of
14information contained in reports of child abuse,
15abandonment, or neglect in institutional investigations
16for purposes that adversely affect the interests of
17persons not identified as responsible; providing
18circumstances under which the Department of Children and
19Family Services may rely on such information in a decision
20to renew or revoke a license; amending s. 39.202, F.S.;
21providing access to confidential reports and records in
22cases of child abuse or neglect to staff of certain child
23advocacy centers; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (22) is added to section 39.301,
28Florida Statutes, to read:
29     39.301  Initiation of protective investigations.--
30     (22)  When an investigation is closed and a person is not
31identified as a caregiver responsible for the abuse, neglect, or
32abandonment alleged in the report, the fact that the person is
33named in some capacity in the report may not be used in any way
34to adversely affect the interests of that person. This
35prohibition applies to any use of the information in employment
36screening, licensing, child placement, adoption, or any other
37decision by a private adoption agency or a state agency or its
38contracted providers.
39     Section 2.  Subsection (7) is added to section 39.302,
40Florida Statutes, to read:
41     39.302  Protective investigations of institutional child
42abuse, abandonment, or neglect.--
43     (7)  When an investigation of institutional abuse, neglect,
44or abandonment is closed and a person is not identified as a
45caregiver responsible for the abuse, neglect, or abandonment
46alleged in the report, the fact that the person is named in some
47capacity in the report may not be used in any way to adversely
48affect the interests of that person. This prohibition applies to
49any use of the information in employment screening, licensing,
50child placement, adoption, or any other decision by a private
51adoption agency or a state agency or its contracted providers.
52If such a person is a licensee of the department and is named in
53any capacity in three or more reports within a 5-year period,
54the department may review those reports and determine whether
55the information contained in the reports is relevant for
56purposes of determining whether the person's license should be
57renewed or revoked. If the information is relevant to the
58decision to renew or revoke the license, the department may rely
59on the information contained in the report in making that
60decision.
61     Section 3.  Paragraph (q) is added to subsection (2) of
62section 39.202, Florida Statutes, to read:
63     39.202  Confidentiality of reports and records in cases of
64child abuse or neglect.--
65     (2)  Except as provided in subsection (4), access to such
66records, excluding the name of the reporter which shall be
67released only as provided in subsection (5), shall be granted
68only to the following persons, officials, and agencies:
69     (q)  Staff of a child advocacy center that is established
70and operated under s. 39.3035.
71     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.