1 | The Health & Families Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to child protective investigations; |
7 | amending s. 39.01, F.S.; revising the definition of the |
8 | term "other person responsible for a child's welfare" to |
9 | include employees of any school; amending s. 39.301, F.S.; |
10 | prohibiting the use of information contained in reports of |
11 | child abuse, abandonment, or neglect for purposes that |
12 | adversely affect the interests of persons who are not |
13 | identified as responsible for such abuse, abandonment, or |
14 | neglect; amending s. 39.302, F.S.; prohibiting the use of |
15 | information contained in reports of child abuse, |
16 | abandonment, or neglect in institutional investigations |
17 | for purposes that adversely affect the interests of |
18 | persons not identified as responsible; providing |
19 | circumstances under which the Department of Children and |
20 | Family Services may rely on such information in a decision |
21 | to renew or revoke a license; amending s. 39.202, F.S.; |
22 | providing access to confidential reports and records in |
23 | cases of child abuse or neglect to staff of certain child |
24 | advocacy centers; providing an effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Subsection (47) of section 39.01, Florida |
29 | Statutes, is amended to read: |
30 | 39.01 Definitions.--When used in this chapter, unless the |
31 | context otherwise requires: |
32 | (47) "Other person responsible for a child's welfare" |
33 | includes the child's legal guardian, legal custodian, or foster |
34 | parent; an employee of any a private school, public or private |
35 | child day care center, residential home, institution, facility, |
36 | or agency; or any other person legally responsible for the |
37 | child's welfare in a residential setting; and also includes an |
38 | adult sitter or relative entrusted with a child's care. For the |
39 | purpose of departmental investigative jurisdiction, this |
40 | definition does not include law enforcement officers, or |
41 | employees of municipal or county detention facilities or the |
42 | Department of Corrections, while acting in an official capacity. |
43 | Section 2. Subsection (22) is added to section 39.301, |
44 | Florida Statutes, to read: |
45 | 39.301 Initiation of protective investigations.-- |
46 | (22) When an investigation is closed and a person is not |
47 | identified as a caregiver responsible for the abuse, neglect, or |
48 | abandonment alleged in the report, the fact that the person is |
49 | named in some capacity in the report may not be used in any way |
50 | to adversely affect the interests of that person. This |
51 | prohibition applies to any use of the information in employment |
52 | screening, licensing, child placement, adoption, or any other |
53 | decision by a private adoption agency or a state agency or its |
54 | contracted providers. |
55 | Section 3. Subsection (7) is added to section 39.302, |
56 | Florida Statutes, to read: |
57 | 39.302 Protective investigations of institutional child |
58 | abuse, abandonment, or neglect.-- |
59 | (7) When an investigation of institutional abuse, neglect, |
60 | or abandonment is closed and a person is not identified as a |
61 | caregiver responsible for the abuse, neglect, or abandonment |
62 | alleged in the report, the fact that the person is named in some |
63 | capacity in the report may not be used in any way to adversely |
64 | affect the interests of that person. This prohibition applies to |
65 | any use of the information in employment screening, licensing, |
66 | child placement, adoption, or any other decision by a private |
67 | adoption agency or a state agency or its contracted providers. |
68 | If such a person is a licensee of the department and is named in |
69 | any capacity in three or more reports within a 5-year period, |
70 | the department may review those reports and determine whether |
71 | the information contained in the reports is relevant for |
72 | purposes of determining whether the person's license should be |
73 | renewed or revoked. If the information is relevant to the |
74 | decision to renew or revoke the license, the department may rely |
75 | on the information contained in the report in making that |
76 | decision. |
77 | Section 4. Paragraph (q) is added to subsection (2) of |
78 | section 39.202, Florida Statutes, to read: |
79 | 39.202 Confidentiality of reports and records in cases of |
80 | child abuse or neglect.-- |
81 | (2) Except as provided in subsection (4), access to such |
82 | records, excluding the name of the reporter which shall be |
83 | released only as provided in subsection (5), shall be granted |
84 | only to the following persons, officials, and agencies: |
85 | (q) Staff of a child advocacy center that is established |
86 | and operated under s. 39.3035. |
87 | Section 5. This act shall take effect upon becoming a law. |