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The Committee on Health and Human Services Appropriations (Rich)

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recommended the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 236-263

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and insert:

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     Section 5.  Subsections (2), (4), and (7) of section 39.201,

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Florida Statutes, are amended to read:

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     39.201  Mandatory reports of child abuse, abandonment, or

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neglect; mandatory reports of death; central abuse hotline.--

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     (2)(a)  Each report of known or suspected child abuse,

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abandonment, or neglect by a parent, legal custodian, caregiver,

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or other person responsible for the child's welfare as defined in

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this chapter, except those solely under s. 827.04(3), and each

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report that a child is in need of supervision and care and has no

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parent, legal custodian, or responsible adult relative

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immediately known and available to provide supervision and care

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shall be made immediately to the department's central abuse

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hotline. Such reports may be made on the single statewide toll-

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free telephone number or by fax or e-mail. Personnel at the

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department's central abuse hotline shall determine if the report

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received meets the statutory definition of child abuse,

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abandonment, or neglect. Any report meeting one of these

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definitions shall be accepted for the protective investigation

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pursuant to part III of this chapter.

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     (b)  If the report is of an instance of known or suspected

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child abuse by someone other than a parent, legal custodian,

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caregiver, or other person responsible for the child's welfare as

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defined in this chapter, the call or report shall be immediately

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electronically transferred to the appropriate county sheriff's

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office by the central abuse hotline.

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     (c)  If the report is of an instance of known or suspected

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child abuse, abandonment, or neglect that occurred out of state

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and the alleged perpetrator and the child alleged to be a victim

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live out of state, the central abuse hotline may shall not accept

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the call or report for investigation, but shall transfer the

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information on the report to the appropriate state.

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     (d)  If the report is of an instance of known or suspected

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child abuse involving impregnation of a child under 16 years of

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age by a person 21 years of age or older solely under s.

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827.04(3), the report shall be made immediately to the

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appropriate county sheriff's office or other appropriate law

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enforcement agency. If the report is of an instance of known or

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suspected child abuse solely under s. 827.04(3), the reporting

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provisions of this subsection do not apply to health care

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professionals or other persons who provide medical or counseling

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services to pregnant children when such reporting would interfere

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with the provision of medical services.

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     (e)  Reports involving known or suspected institutional

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child abuse or neglect shall be made and received in the same

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manner as all other reports made pursuant to this section.

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     (f)  Reports involving a known or suspected juvenile sexual

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offender or a child who has exhibited inappropriate sexual

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behavior shall be made and received by the department.

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1.  The department shall determine the age of the alleged

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juvenile sexual offender, if known.

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2. If When the alleged juvenile sexual offender is 12 years

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of age or younger, the central abuse hotline shall immediately

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electronically transfer the call or report to the appropriate law

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enforcement agency office. The department shall conduct an

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assessment and assist the family in receiving appropriate

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services pursuant to s. 39.307, and send a written report of the

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allegation to the appropriate county sheriff's office within 48

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hours after the initial report is made to the central abuse

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hotline.

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     3. If When the alleged juvenile sexual offender is 13 years

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of age or older, the central abuse hotline department shall

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immediately electronically transfer the call or report to the

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appropriate county sheriff's office by the central abuse hotline,

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and send a written report to the appropriate county sheriff's

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office within 48 hours after the initial report to the central

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abuse hotline.

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     (g)  Reports involving abandoned newborn infants as

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described in s. 383.50 shall be made and received by the

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department.

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     1.  If the report is of an abandoned newborn infant as

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described in s. 383.50 and there is no indication of abuse,

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neglect, or abandonment other than that necessarily entailed in

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the infant having been left at a hospital, emergency medical

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services station, or fire station, the department shall provide

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to the caller the name of a licensed child-placing agency on a

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rotating basis from a list of licensed child-placing agencies

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eligible and required to accept physical custody of and to place

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newborn infants left at a hospital, emergency medical services

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station, or fire station. The report may shall not be considered

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a report of abuse, neglect, or abandonment solely because the

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infant has been left at a hospital, emergency medical services

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station, or fire station pursuant to s. 383.50.

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     2. If the call, fax, or e-mail includes caller reports

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indications of abuse or neglect beyond that necessarily entailed

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in the infant having been left at a hospital, emergency medical

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services station, or fire station, the report shall be considered

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as a report of abuse, neglect, or abandonment and is shall be

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subject to the requirements of s. 39.395 and all other relevant

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provisions of this chapter, notwithstanding any provisions of

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chapter 383.

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     (h)  Hotline counselors shall receive periodic training in

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encouraging reporters to provide their names when reporting

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abuse, abandonment, or neglect. Callers shall be advised of the

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confidentiality provisions of s. 39.202. The department shall

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secure and install electronic equipment that automatically

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provides to the hotline the number from which the call or fax is

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placed, or the Internet protocol (IP) address from which the e-

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mail report is received. This number or address shall be entered

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into the report of abuse, abandonment, or neglect and become a

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part of the record of the report, but shall enjoy the same

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confidentiality as provided to the identity of the reporter

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caller pursuant to s. 39.202.

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     (i)  The department shall voice-record all incoming or

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outgoing calls that are received or placed by the central abuse

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hotline and shall maintain an electronic copy of each fax or e-

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mail that relates which relate to suspected or known child abuse,

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neglect, or abandonment. The recording or electronic copy of each

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fax and e-mail shall become a part of the record of the report

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but, notwithstanding s. 39.202, shall be released in full only to

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law enforcement agencies and state attorneys for the purpose of

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investigating and prosecuting criminal charges pursuant to s.

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39.205, or to employees of the department for the purpose of

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investigating and seeking administrative penalties pursuant to s.

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39.206. Nothing in This paragraph does not shall prohibit the use

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of the recordings or electronic copies of faxes or e-mails by

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hotline staff for quality assurance and training.

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     (4)  The department shall establish and maintain a central

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abuse hotline to receive all reports made pursuant to this

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section in writing, by fax or e-mail, or through a single

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statewide toll-free telephone number, which any person may use to

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report known or suspected child abuse, abandonment, or neglect at

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any hour of the day or night, any day of the week. The central

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abuse hotline shall be operated in such a manner as to enable the

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department to:

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     (a)  Immediately identify and locate prior reports or cases

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of child abuse, abandonment, or neglect through the use

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utilization of the department's automated tracking system.

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     (b)  Monitor and evaluate the effectiveness of the

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department's program for reporting and investigating suspected

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abuse, abandonment, or neglect of children through the

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development and analysis of statistical and other information.

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     (c)  Track critical steps in the investigative process to

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ensure compliance with all requirements for any report of abuse,

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abandonment, or neglect.

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     (d)  Maintain and produce aggregate statistical reports

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monitoring patterns of child abuse, child abandonment, and child

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neglect. The department shall collect and analyze child-on-child

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sexual abuse reports and include the information in aggregate

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statistical reports.

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     (e)  Serve as a resource for the evaluation, management, and

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planning of preventive and remedial services for children who

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have been subject to abuse, abandonment, or neglect.

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     (f)  Initiate and enter into agreements with other states

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for the purpose of gathering and sharing information contained in

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reports on child maltreatment to further enhance programs for the

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protection of children.

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     (7)  On an ongoing basis, the department's quality assurance

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program shall review calls and reports to the hotline involving

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three or more unaccepted reports on a single child, where

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jurisdiction applies, in order to detect such things as

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harassment and situations that warrant an investigation because

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of the frequency or variety of the source of the reports. The

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Program Director for Family Safety may refer a case for

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investigation when it is determined, as a result of this review,

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that an investigation may be warranted.

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     Section 6.  Subsections (1) and (16) of section 39.301,

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Florida Statutes, are amended to read:

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     39.301  Initiation of protective investigations.--

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     (1) Upon receiving a an oral or written report of known or

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suspected child abuse, abandonment, or neglect, or that a child

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is in need of supervision and care and has no parent, legal

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custodian, or responsible adult relative immediately known and

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available to provide supervision and care, the central abuse

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hotline shall determine if the report requires an immediate

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onsite protective investigation. For reports requiring an

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immediate onsite protective investigation, the central abuse

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hotline shall immediately notify the department's designated

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children and families district staff responsible for protective

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investigations to ensure that an onsite investigation is promptly

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initiated. For reports not requiring an immediate onsite

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protective investigation, the central abuse hotline shall notify

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the department's designated children and families district staff

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responsible for protective investigations in sufficient time to

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allow for an investigation. At the time of notification of

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district staff with respect to the report, the central abuse

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hotline shall also provide information to district staff on any

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previous report concerning a subject of the present report or any

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pertinent information relative to the present report or any noted

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earlier reports.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 18-21

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and insert:

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department is missing; amending s. 39.201, F.S.; revising

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provisions relating to reporting child abuse, abandonment,

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or neglect to the central abuse hotline to allow for

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reports by fax or e-mail; amending s. 39.301, F.S.;

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conforming provisions to changes made by the act;

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providing certain

4/7/2008  11:23:00 AM     34-06293C-08