HB 0407CS

CHAMBER ACTION




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


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