Senate Bill sb0758er

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  2         An act relating to child protective

  3         investigations; amending s. 39.202, F.S.;

  4         providing staff of a children's advocacy center

  5         with access to records of child abuse and

  6         neglect; amending s. 39.301, F.S.; prohibiting

  7         the use of information contained in reports of

  8         child abuse, abandonment, or neglect for

  9         purposes that adversely affect the interests of

10         persons who are not identified as responsible

11         for such abuse, abandonment, or neglect;

12         amending s. 39.302, F.S.; prohibiting the use

13         of information contained in reports of child

14         abuse, abandonment, or neglect in institutional

15         investigations for purposes that adversely

16         affect the interests of persons not identified

17         as responsible; providing circumstances under

18         which the Department of Children and Family

19         Services may rely on such information in a

20         decision to renew or revoke a license;

21         providing an effective date.

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

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25         Section 1.  Paragraph (q) is added to subsection (2) of

26  section 39.202, Florida Statutes, to read:

27         39.202  Confidentiality of reports and records in cases

28  of child abuse or neglect.--

29         (2)  Except as provided in subsection (4), access to

30  such records, excluding the name of the reporter which shall

31  be released only as provided in subsection (5), shall be


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 1  granted only to the following persons, officials, and

 2  agencies:

 3         (q)  Staff of a children's advocacy center that is

 4  established and operated under s. 39.3035.

 5         Section 2.  Subsection (22) is added to section 39.301,

 6  Florida Statutes, to read:

 7         39.301  Initiation of protective investigations.--

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

 9  not identified as a caregiver responsible for the abuse,

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

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

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

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

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

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

16  agency or its contracted providers.

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

18  Florida Statutes, to read:

19         39.302  Protective investigations of institutional

20  child abuse, abandonment, or neglect.--

21         (7)  When an investigation of institutional abuse,

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

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

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

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

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

27  prohibition applies to any use of the information in

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

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

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

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


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

 2  may review those reports and determine whether the information

 3  contained in the reports is relevant for purposes of

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

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

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

 7  information contained in the report in making that decision.

 8         Section 4.  This act shall take effect upon becoming a

 9  law.

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