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A bill to be entitled

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An act relating to access to confidential records of

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children; creating s. 39.00145, F.S.; requiring that the

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case file of a child under the supervision or in the

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custody of the Department of Children and Family Services

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be maintained in a complete and accurate manner;

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specifying who has access to the case file and records in

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the file; authorizing the court to directly release the

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child's records to certain entities; providing that

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entities that have access to confidential information

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about a child may share it with other entities that

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provide services benefiting children; amending s. 39.202,

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F.S.; clarifying who has access to a child's records and

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who may bring an action to require access to confidential

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records held by the department; amending s. 39.2021, F.S.;

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expanding the authority of the Department of Children and

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Family Services to release records relating to children on

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its own initiative upon a showing of good cause; requiring

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notice to certain parties before release; providing for a

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court order to stop the release; creating s. 63.038, F.S.;

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requiring the adoption entity to provide certain

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information relating to a child to prospective adoptive

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parents; amending s. 402.115, F.S.; adding the Department

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of Juvenile Justice to the list of agencies that are

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authorized to exchange confidential information; amending

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s. 415.107, F.S.; clarifying who may bring an action to

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require access to confidential records held by the

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Department of Children and Family Services; amending s.

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415.1071, F.S.; expanding the authority of the department

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to release records relating to vulnerable adults on its

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own initiative upon a showing of good cause; requiring

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notice to certain parties before release; providing for a

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court order to stop the release; providing an effective

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date.

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

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     Section 1.  Section 39.00145, Florida Statutes, is created

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to read:

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     39.00145 Child records.--

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     (1) The case file of every child under the supervision of

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or in the custody of the department, the department's authorized

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agents, or contract providers for the department, including

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community-based care lead agencies and their subcontracted

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providers, must be maintained in a complete and accurate manner,

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including, but not limited to, the child's case plan required by

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part VIII of this chapter, and the full name and street address

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of any and all shelters, foster parents, group homes, treatment

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facilities, or locations where the child is placed. The child

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shall be provided with a complete and accurate copy of his or her

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entire case file, at no cost, upon the request of the child or

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the child's caregiver, guardian ad litem, or attorney on behalf

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of the child.

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     (2) Notwithstanding any other provision in this chapter,

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the records in the case file shall be made available for review

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upon request of the child or the child's caregiver, guardian ad

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litem, or attorney, at no cost. A request by the child's attorney

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or guardian ad litem must be submitted in writing.

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     (a) Release of records in the case file to the child, or

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the child's caregiver, guardian ad litem, or attorney, does not

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waive the confidential status of the information contained in the

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records.

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     (b) If a child, or the child's caregiver, attorney, or

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guardian ad litem, requests access to the child's case file, any

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person who fails to provide records in the case file under

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assertion of a claim of an exemption from the public-records

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requirements of chapter 119, or who fails to provide access

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within a reasonable time, is subject to sanctions and penalties

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under s. 119.10.

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     (3) If a court determines that sharing information in the

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child's case file is necessary to ensure access to appropriate

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services or for the safety of the child, the court may approve

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the direct release of records to the Department of Juvenile

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Justice or its contractors under chapter 984 or chapter 985, to

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the child's school, or to the child's physical health care,

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mental health care, or developmental disabilities provider.

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Information so released retains its confidential or exempt

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status. For purposes of the Family Educational Rights and Privacy

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Act, the disclosure of information in health and safety

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emergencies applies to a child placed in shelter care or found to

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be dependent under this chapter.

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     (4) Notwithstanding any other provision of law, all state

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and local agencies and programs that provide services that

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benefit children, from prenatal care to programs supporting

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successful transition to self-sufficient adulthood, including the

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department, the Department of Juvenile Justice, the Department of

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Health, the Agency for Health Care Administration, the Agency for

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Persons with Disabilities, the Department of Education,

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individual school districts, the Statewide Guardian Ad Litem

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program, the Office of Child Abuse Prevention, and any contract

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provider of such agencies providing services that benefit

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children for such agencies, may share with each other

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confidential information or information that is exempt from

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disclosure under chapter 119 and that concerns any individual who

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is or has been the recipient of services within the jurisdiction

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of each agency or program. The department is considered a parent

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for the purpose of receiving and sharing education records.

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Confidential or exempt information shared among agencies and

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agency contractors, as agents for the state, remains confidential

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or exempt as provided by law.

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     Section 2.  Subsection (1) and paragraph (a) of subsection

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(2) of section 39.202, Florida Statutes, are amended, paragraph

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(r) is added to subsection (2) of that section, and subsection

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(9) is added to that section, to read:

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     39.202  Confidentiality of reports and records in cases of

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child abuse or neglect.--

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     (1)  In order to protect the rights of the child and the

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child's parents or other persons responsible for the child's

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welfare, all records held by the department concerning reports of

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child abandonment, abuse, or neglect, including reports made to

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the central abuse hotline and all records generated as a result

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of such reports, shall be confidential and exempt from the

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provisions of s. 119.07(1) and shall not be disclosed except as

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specifically authorized by this chapter. Such exemption from s.

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119.07(1) applies to information in the possession of those

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entities granted access as set forth in this section. As provided

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in s. 39.00145, any entity granted access to records under this

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section shall grant access to any other entity or individual

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entitled to access under this section.

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

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records, excluding the name of the reporter which shall be

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

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only to the following persons, officials, and agencies:

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     (a)  Employees, authorized agents, or contract providers of

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the department, including community-based care lead agencies and

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their subcontracted providers, the Department of Health, the

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Agency for Persons with Disabilities, or county agencies

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responsible for carrying out:

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     1.  Child or adult protective investigations;

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     2.  Ongoing child or adult protective services;

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     3.  Early intervention and prevention services;

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     4.  Healthy Start services;

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     5.  Licensure or approval of adoptive homes, foster homes,

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child care facilities, facilities licensed under chapter 393, or

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family day care homes or informal child care providers who

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receive subsidized child care funding, or other homes used to

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provide for the care and welfare of children; or

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     6. Services for victims of domestic violence when provided

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by certified domestic violence centers working at the

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department's request as case consultants or with shared clients.

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Also, employees or agents of the Department of Juvenile Justice

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responsible for the provision of services to children, pursuant

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to chapters 984 and 985.

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     (r) Persons with whom placement of a child is being

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considered or has been granted.

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     (9) Any individual, agency, or other entity entitled to

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access records under this section may petition a circuit court,

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in accordance with s. 119.11, to enforce the provisions of this

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section.

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     Section 3.  Section 39.2021, Florida Statutes, is amended to

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read:

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     39.2021  Release of confidential information.--

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     (1) Any person or organization, including the department of

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Children and Family Services, may petition the court for an order

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making public the records of the department of Children and

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Family Services which pertain to an investigation investigations

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of alleged abuse, abandonment, or neglect of a child. The court

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shall determine whether there is good cause exists for public

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access to the records sought or a portion thereof.

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     (a) In making a this determination of good cause, the court

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shall balance the best interests of the child who is the focus of

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the investigation and the interest of the that child's siblings,

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together with the privacy rights of other persons identified in

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the reports, against the public interest. The public interest in

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access to such records is reflected in s. 119.01(1), and includes

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the need for the public citizens to know of and adequately

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evaluate the actions of the department of Children and Family

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Services and the court system in providing children of this state

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with the protections enumerated in s. 39.001. However, this

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subsection does not contravene s. 39.202, which protects the name

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of any person reporting the abuse, abandonment, or neglect of a

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child.

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     (2) In cases involving serious bodily injury to a child,

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the Department of Children and Family Services may petition the

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court for an order for the immediate public release of records of

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the department which pertain to the protective investigation. The

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petition must be personally served upon the child, the child's

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parent or guardian, and any person named as an alleged

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perpetrator in the report of abuse, abandonment, or neglect. The

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court must determine whether good cause exists for the public

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release of the records sought no later than 24 hours, excluding

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Saturdays, Sundays, and legal holidays, after the date the

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department filed the petition with the court. If the court does

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not grant or deny the petition within the 24-hour time period,

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the department may release to the public summary information

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including:

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     (a) A confirmation that an investigation has been conducted

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concerning the alleged victim.

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     (b) The dates and brief description of procedural

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activities undertaken during the department's investigation.

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     (c) The date of each judicial proceeding, a summary of each

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participant's recommendations made at the judicial proceeding,

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and the ruling of the court.

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The summary information shall not include the name of, or other

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identifying information with respect to, any person identified in

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any investigation. In making a determination to release

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confidential information, the court shall balance the best

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interests of the child who is the focus of the investigation and

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the interests of that child's siblings, together with the privacy

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rights of other persons identified in the reports against the

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public interest for access to public records. However, this

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subsection does not contravene s. 39.202, which protects the name

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of any person reporting abuse, abandonment, or neglect of a

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child.

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     (b)(3) If When the court determines that there is good

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cause for public access exists, the court shall direct that the

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department to redact the name of, and other identifying

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information with respect to, any person identified in the any

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protective investigation report until such time as the court

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finds that there is probable cause to believe that the person

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identified committed an act of alleged abuse, abandonment, or

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neglect.

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     (2) Notwithstanding subsection (1), the department may make

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public the records of the department, or any information included

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in such records, which pertain to investigations of abuse,

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abandonment, or neglect of a child which resulted in serious

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mental, emotional, or physical injury to the child, if the

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secretary determines that release of the records is in the public

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interest. The public interest in access to such records is

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reflected in s. 119.01(1), and includes the need for the public

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to know of and adequately evaluate the actions of the department

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and the court system in providing children with the protections

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enumerated in s. 39.001. However, this subsection does not

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contravene s. 39.202, which protects the name of any person

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reporting the abuse, abandonment, or neglect of a child.

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     (a) Before releasing the records, the department shall make

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a good faith effort to notify the child, the child's caregiver,

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the child's attorney, the guardian ad litem assigned to the case,

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any person named as an alleged perpetrator in the report of

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abuse, abandonment, or neglect, and any law enforcement agency

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actively involved in investigating the alleged abuse,

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abandonment, or neglect. Such notification must take place at

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least 72 hours before the release of the records, by hand or via

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overnight delivery service, with evidence of delivery.

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     (b) After receiving notice, the child, the child's

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caregiver, the child's attorney, the guardian ad litem assigned

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to the case, any person named as an alleged perpetrator in the

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report, and any law enforcement agency actively investigating an

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allegation may petition a circuit court for an order preventing

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the department from releasing the records.

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     (c) The circuit court may order the department not to

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release the records only after finding that the best interests of

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the petitioner outweigh the public interest. Any information

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otherwise made confidential or exempt by law, including the name

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of the person reporting the abuse, abandonment, or neglect, may

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not be released pursuant to this subsection.

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     Section 4.  Section 63.038, Florida Statutes, is created to

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read:

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     63.038 Access to child's records.--At the time that a

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prospective adoptive parent is identified for a born or unborn

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child whose parents are seeking to place the child for adoption

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or whose parental rights were terminated pursuant to chapter 39,

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the prospective adoptive parent is entitled to access to the

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child's records upon request.

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     (1) The following information shall, at a minimum and if

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available to the adoption entity, be provided to the prospective

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adoptive parent:

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     (a) The family social and medical history form completed

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pursuant to s. 63.082(3).

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     (b) The biological mother's medical records documenting her

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prenatal care and the birth and delivery of the child.

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     (c) A complete set of the child's medical records

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documenting all medical treatment and care since the child's

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birth.

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     (d) All mental health, psychological, and psychiatric

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records, reports, and evaluations concerning the child.

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     (e) The child's educational records, which include all

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records relating to any special educational needs of the child.

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     (f) Records documenting all incidents that require the

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department to provide services to the child, including all orders

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of adjudication of dependency or termination of parental rights

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issued pursuant to chapter 39, any case plans drafted to address

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the child's needs, all protective services investigations

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identifying the child as a victim, and all guardian ad litem

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reports filed with the court concerning the child.

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     (g) Written information relating to the availability of

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adoption subsidies for the child.

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     (2) In all cases, the prospective adoptive parent shall

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receive all available information requested by the date that the

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final hearing on the adoption is noticed with the court.

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     (3) When providing information pursuant to this section,

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the adoption entity responsible for the record shall redact any

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identifying information concerning the child; the child's

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parents, siblings, and relatives; and perpetrators of crimes

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against the child or involving the child.

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     (4) Disclosure under this section does not waive the

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confidential status of the information contained in the records.

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     Section 5.  Section 402.115, Florida Statutes, is amended to

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read:

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     402.115  Sharing confidential or exempt

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information.--Notwithstanding any other provision of law to the

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contrary, the Department of Health, the Department of Children

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and Family Services, the Department of Juvenile Justice, and the

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Agency for Persons with Disabilities may share confidential

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information or information exempt from disclosure under chapter

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119 on any individual who is or has been the subject of a program

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within the jurisdiction of each agency. Information so exchanged

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remains confidential or exempt as provided by law.

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     Section 6.  Present subsections (6), (7), and (8) of section

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415.107, Florida Statutes, are renumbered as subsections (7),

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(8), and (9), respectively, and a new subsection (6) is added to

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that section, to read:

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     415.107  Confidentiality of reports and records.--

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     (6) Any individual, agency, or other entity entitled to

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access records under this section may petition a circuit court,

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in accordance with s. 119.11, to enforce the provisions of this

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section.

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     Section 7.  Section 415.1071, Florida Statutes, is amended

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to read:

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     415.1071  Release of confidential information.--

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     (1) Any person or organization, including the department of

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Children and Family Services, may petition the court for an order

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making public the records of the department of Children and

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Family Services which pertain to an investigation investigations

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of alleged abuse, neglect, or exploitation of a vulnerable adult.

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The court shall determine whether there is good cause exists for

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public access to the records sought or a portion thereof.

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     (a) In making a this determination of good cause, the court

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shall balance the best interests of the vulnerable adult who is

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the focus of the investigation together with the privacy right of

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other persons identified in the reports, against the public

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interest. The public interest in access to such records is

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reflected in s. 119.01(1), and includes the need for the public

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citizens to know of and adequately evaluate the actions of the

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department of Children and Family Services and the court system

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in providing vulnerable adults of this state with the protections

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enumerated in s. 415.101. However, this subsection does not

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contravene s. 415.107, which protects the name of any person

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reporting the abuse, neglect, or exploitation of a vulnerable

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adult.

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     (2) In cases involving serious bodily injury to a

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vulnerable adult, the Department of Children and Family Services

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may petition the court for an order for the immediate public

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release of records of the department which pertain to the

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protective investigation. The petition must be personally served

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upon the vulnerable adult, the vulnerable adult's legal guardian,

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if any, and any person named as an alleged perpetrator in the

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report of abuse, neglect, or exploitation. The court must

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determine whether good cause exists for the public release of the

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records sought no later than 24 hours, excluding Saturdays,

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Sundays, and legal holidays, after the date the department filed

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the petition with the court. If the court does not grant or deny

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the petition within the 24-hour time period, the department may

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release to the public summary information including:

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     (a) A confirmation that an investigation has been conducted

348

concerning the alleged victim.

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     (b) The dates and brief description of procedural

350

activities undertaken during the department's investigation.

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     (c) The date of each judicial proceeding, a summary of each

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participant's recommendations made at the judicial proceeding,

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and the ruling of the court.

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The summary information shall not include the name of, or other

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identifying information with respect to, any person identified in

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any investigation. In making a determination to release

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confidential information, the court shall balance the best

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interests of the vulnerable adult who is the focus of the

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investigation together with the privacy rights of other persons

361

identified in the reports against the public interest for access

362

to public records. However, this subsection does not contravene

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s. 415.107, which protects the name of any person reporting

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abuse, neglect, or exploitation of a vulnerable adult.

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     (b)(3) If When the court determines that there is good

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cause for public access exists, the court shall direct that the

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department to redact the name of and other identifying

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information with respect to any person identified in the any

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protective investigation report until such time as the court

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finds that there is probable cause to believe that the person

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identified committed an act of alleged abuse, neglect, or

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exploitation.

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     (2) Notwithstanding subsection (1), the department may make

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public records of the department which pertain to investigations

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of alleged abuse, neglect, and exploitation of a vulnerable adult

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which resulted in serious mental, emotional, or physical injury

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to the adult if the secretary determines that release of the

378

records is in the public interest. The public interest in access

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to such records is reflected in s. 119.01(1), and includes the

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need for the public to know of and adequately evaluate the

381

actions of the department and the court system in providing

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vulnerable adults of this state with the protections enumerated

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in s. 415.101. However, this subsection does not contravene s.

384

415.107, which protects the name of any person reporting the

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abuse, neglect, or exploitation of a vulnerable adult.

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     (a) Before releasing the records, the department shall make

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a good faith effort to notify the vulnerable adult, the

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vulnerable adult's legal guardian, if any, any person named as an

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alleged perpetrator in the report of abuse, neglect, or

390

exploitation, and any law enforcement agency actively involved in

391

investigating the alleged abuse, neglect, or exploitation. Such

392

notification must take place at least 72 hours before the release

393

of the records, by hand or via overnight delivery service, with

394

evidence of delivery.

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     (b) After receiving notice, the vulnerable adult, the

396

vulnerable adult's legal guardian, any person named as an alleged

397

perpetrator in the report, or any law enforcement agency actively

398

investigating an allegation may petition a circuit court for an

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order preventing the department from releasing the records.

400

     (c) The circuit court may order the department not to

401

release the records only after finding that the best interests of

402

the petitioner outweigh the public interest. Any information

403

otherwise made confidential or exempt by law, including the name

404

of the person reporting the abuse, neglect, or exploitation, may

405

not be released pursuant to this subsection.

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     Section 8.  This act shall take effect July 1, 2008.