Senate Bill sb0758c1

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    Florida Senate - 2005                            CS for SB 758

    By the Committee on Children and Families; and Senator Wise





    586-1661B-05

  1                      A bill to be entitled

  2         An act relating to child protective

  3         investigations; amending s. 39.301, F.S.;

  4         prohibiting the use of information contained in

  5         reports of child abuse, abandonment, or neglect

  6         for purposes that adversely affect the

  7         interests of persons who are not identified as

  8         responsible for such abuse, abandonment, or

  9         neglect; amending s. 39.302, F.S.; prohibiting

10         the use of information contained in reports of

11         child abuse, abandonment, or neglect in

12         institutional investigations for purposes that

13         adversely affect the interests of persons not

14         identified as responsible; providing

15         circumstances under which the Department of

16         Children and Family Services may rely on such

17         information in a decision to renew or revoke a

18         license; providing an effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Subsection (22) is added to section 39.301,

23  Florida Statutes, to read:

24         39.301  Initiation of protective investigations.--

25         (22)  When an investigation is closed and a person is

26  not identified as a caregiver responsible for the abuse,

27  neglect, or abandonment alleged in the report, the fact that

28  the person is named in some capacity in the report may not be

29  used in any way to adversely affect the interests of that

30  person. This prohibition applies to any use of the information

31  in employment screening, licensing, child placement, adoption,

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    Florida Senate - 2005                            CS for SB 758
    586-1661B-05




 1  or any other decisions by a private adoption agency or a state

 2  agency or its contracted providers.

 3         Section 2.  Subsection (7) is added to section 39.302,

 4  Florida Statutes, to read:

 5         39.302  Protective investigations of institutional

 6  child abuse, abandonment, or neglect.--

 7         (7)  When an investigation of institutional abuse,

 8  neglect, or abandonment is closed and a person is not

 9  identified as a caregiver responsible for the abuse, neglect,

10  or abandonment alleged in the report, the fact that the person

11  is named in some capacity in the report may not be used in any

12  way to adversely affect the interests of that person. This

13  prohibition applies to any use of the information in

14  employment screening, licensing, child placement, adoption, or

15  any other decisions by a private adoption agency or a state

16  agency or its contracted providers. If such a person is a

17  licensee of the department and is named in any capacity in

18  three or more reports within a 5-year period, the department

19  may review those reports and determine whether the information

20  contained in the reports is relevant for purposes of

21  determining whether the person's license should be renewed or

22  revoked. If the information is relevant to the decision to

23  renew or revoke the license, the department may rely on the

24  information contained in the report in making that decision.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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    Florida Senate - 2005                            CS for SB 758
    586-1661B-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 758

 3                                 

 4  Removes the requirement that administrative hearings be
    granted to subjects of reports of child abuse when the state
 5  attorney declines to prosecute related charges.

 6  Removes the prohibition against entering the name of the
    subject of a report into the statewide database until the time
 7  for requesting a hearing has expired or the hearing has been
    held and the department has prevailed.
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    Prohibits the use of information in any way to adversely
 9  affect the interests of a person named in a report of abuse,
    neglect, or abandonment unless the person is identified as the
10  person responsible for causing the abuse, neglect or
    abandonment. Applies this prohibition to both individual
11  investigations and institutional investigations, but allows
    the information to be used if relevant in institutional
12  licensing if at least three instances have been reported
    within a five-year period.
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