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