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A bill to be entitled

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An act relating to confidential records of children;

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creating s. 39.00145, F.S.; requiring that the case file

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of a child under the supervision or in the custody of the

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Department of Children and Family Services be maintained

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in a complete and accurate manner; specifying who has

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access to the case file and records in the file;

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authorizing the court to directly release the child's

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records to certain entities; providing that entities that

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have access to confidential information about a child may

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share it with other entities that provide services

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benefiting children; amending s. 39.202, F.S.; clarifying

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who has access to a child's records and who may bring an

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action to require access to confidential records held by

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the department; amending s. 39.2021, F.S.; expanding the

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authority of the Department of Children and Family

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Services to release records relating to children 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; amending s. 402.115,

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F.S.; adding the Department of Juvenile Justice to the

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list of agencies that are authorized to exchange

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confidential information; amending s. 415.107, F.S.;

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clarifying who may bring an action to require access to

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confidential records held by the Department of Children

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and Family Services; amending s. 415.1071, F.S.; expanding

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the authority of the department to release records

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relating to vulnerable adults on its own initiative upon a

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showing of good cause; requiring notice to certain parties

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before release; providing for a court order to stop the

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release; providing an effective 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 Records concerning children.--

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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. At the time that a prospective adoptive parent is

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identified for a child whose parents have had their rights

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terminated pursuant to this chapter, the adoption entity shall be

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provided with a copy of that child's case file upon request.

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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) The release of records in the case file to the child's

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caregiver or guardian ad litem does not waive the confidential

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status of the information contained in the 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 release of confidential records or information contained in

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them. 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 to

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children, or are responsible for a child's safety, including the

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Department of Juvenile Justice, the Department of Health, the

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Agency for Health Care Administration, the Agency for Persons

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with Disabilities, the Department of Education, individual school

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districts, the Statewide Guardian Ad Litem Office, and any

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contract provider of such agencies, may share with each other

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confidential records or information that is confidential and

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exempt from disclosure under chapter 119 if the records or

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information are reasonably necessary to assure access to

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appropriate services or for the safety of the child. Confidential

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or exempt information shared among agencies and agency

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contractors, as agents for the state, remains confidential or

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exempt as provided by law. Any records or information otherwise

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made confidential by federal law may not be released under this

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section. This subsection does not apply to information concerning

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clients and records of certified domestic violence centers which

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are confidential under s. 39.908 and privileged under s. 90.5036.

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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, including, but not limited to,

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foster parents, preadoptive and adoptive parents, or an adoptive

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entity acting on their behalf.

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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. In making a

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this determination of good cause, the court shall balance the

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

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and the interest of the that child's siblings, together with the

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privacy rights of other persons identified in the reports,

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against the public interest. The public interest in access to

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

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for the public citizens to know of and adequately evaluate the

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actions of the department of Children and Family Services and the

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court system in providing children of this state with the

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protections enumerated in s. 39.001. However, this subsection

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does not contravene s. 39.202, which protects the name of any

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person reporting the abuse, abandonment, or neglect of a 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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     (3) If When the court determines that there is good cause

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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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     (4) Notwithstanding subsections (1) and (2), the department

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may make public the records of the department, or any information

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included in such records, which pertains to investigations of

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abuse, abandonment, or neglect of a child which resulted in

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

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the secretary determines that release of the records is in the

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public interest and that the public interest outweighs any

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privacy interests contained in the records. The public interest

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

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includes the need for the public to know of and adequately

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evaluate the actions of the department and the court system in

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providing children with the protections enumerated in s. 39.001.

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However, this subsection does not contravene s. 39.202, which

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protects the name of any person reporting the abuse, abandonment,

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or neglect of a child.

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     (a) Before releasing the records, the department shall

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attempt to notify the child, the child's caregiver, the child's

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attorney, the guardian ad litem assigned to the case, any person

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named as an alleged perpetrator in the report of abuse,

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abandonment, or neglect, and any law enforcement agency actively

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involved in investigating the alleged abuse, abandonment, or

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neglect. Such notification must take place at least 3 business

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days before the release of the records, by hand or via overnight

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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. If notified of a

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petition filed under this paragraph, the department may not

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release the records without a court order.

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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 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 5.  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 6.  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. In

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making a this determination of good cause, the court shall

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balance the best interests of the vulnerable adult who is the

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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

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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 vulnerable adult who is the focus of the

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investigation together with the privacy rights of other persons

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identified in the reports against the public interest for access

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

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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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     (4) Notwithstanding subsections (1) and (2), the department

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may make public records of the department which pertain to

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investigations of alleged abuse, neglect, and exploitation of a

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vulnerable adult which resulted in serious mental, emotional, or

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physical injury to the adult if the secretary determines that

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release of the records is in the public interest and the public

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interest outweighs any privacy interest contained in the records.

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The public interest in access to such records is reflected in s.

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119.01(1), and includes the need for the public to know of and

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adequately evaluate the actions of the department and the court

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system in providing vulnerable adults of this state with the

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protections enumerated in s. 415.101. However, this subsection

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does not contravene s. 415.107, which protects the name of any

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person reporting the abuse, neglect, or exploitation of a

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vulnerable adult.

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     (a) Before releasing the records, the department shall

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attempt to notify the vulnerable adult, the vulnerable adult's

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legal guardian, if any, any person named as an alleged

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perpetrator in the report of abuse, neglect, or exploitation, and

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any law enforcement agency actively involved in investigating the

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alleged abuse, neglect, or exploitation. Such notification must

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take place at least 3 business days before releasing the records,

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which must be delivered by hand or via overnight delivery service

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with evidence of delivery.

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

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

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perpetrator in the report, or any law enforcement agency actively

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investigating an allegation may petition a circuit court for an

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order preventing the department from releasing the records. If

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notified of a petition filed pursuant to this paragraph, the

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department may not release the records without a court order.

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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, neglect, or exploitation, may

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not be released pursuant to this subsection.

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     Section 7.  This act shall take effect July 1, 2008.