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Senator Storms moved the following amendment to amendment

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(784706):

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     Senate Amendment (with title amendment)

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     Delete line(s) 41-305

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and insert:

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     (14) "Child who has exhibited inappropriate sexual

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behavior" means a child who is 12 years of age or younger and who

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has been found by the department or the court to have committed

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an inappropriate sexual act.

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     (32)(31) "Harm" to a child's health or welfare can occur

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when any person:

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     (e)  Abandons the child. Within the context of the

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definition of "harm," the term "abandoned the child" or

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"abandonment of the child" means a situation in which the parent

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or legal custodian of a child or, in the absence of a parent or

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legal custodian, the caregiver, while being able, makes no

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provision for the child's support and has failed to establish or

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maintain a substantial and positive relationship with the child.

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For purposes of this paragraph, "establish or maintain a

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substantial and positive relationship" includes, but is not

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limited to, frequent and regular contact with the child through

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frequent and regular visitation or frequent and regular

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communication to or with the child, and the exercise of parental

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rights and responsibilities. Marginal efforts and incidental or

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token visits or communications are not sufficient to establish or

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maintain a substantial and positive relationship with a child

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"abandons the child" means that the parent or legal custodian of

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a child or, in the absence of a parent or legal custodian, the

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person responsible for the child's welfare, while being able,

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makes no provision for the child's support and makes no effort to

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communicate with the child, which situation is sufficient to

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evince a willful rejection of parental obligation. If the efforts

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of the parent or legal custodian or person primarily responsible

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for the child's welfare to support and communicate with the child

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are only marginal efforts that do not evince a settled purpose to

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assume all parental duties, the child may be determined to have

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been abandoned. The term "abandoned" does not include an

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abandoned newborn infant as described in s. 383.50.

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     (g)  Exposes a child to a controlled substance or alcohol.

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Exposure to a controlled substance or alcohol is established by:

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     1. A test, administered at birth, which indicated that the

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child's blood, urine, or meconium contained any amount of alcohol

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or a controlled substance or metabolites of such substances, the

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presence of which was not the result of medical treatment

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administered to the mother or the newborn infant Use by the

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mother of a controlled substance or alcohol during pregnancy when

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the child, at birth, is demonstrably adversely affected by such

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usage; or

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     2. Evidence of extensive, abusive, and Continued chronic

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and severe use of a controlled substance or alcohol by a parent

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when the child is demonstrably adversely affected by such usage.

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As used in this paragraph, the term "controlled substance" means

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prescription drugs not prescribed for the parent or not

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administered as prescribed and controlled substances as outlined

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in Schedule I or Schedule II of s. 893.03.

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     Section 2.  Subsection (16) is added to section 39.0121,

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Florida Statutes, to read:

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     39.0121  Specific rulemaking authority.--Pursuant to the

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requirements of s. 120.536, the department is specifically

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authorized to adopt, amend, and repeal administrative rules which

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implement or interpret law or policy, or describe the procedure

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and practice requirements necessary to implement this chapter,

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including, but not limited to, the following:

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     (16) Provisions for reporting, locating, recovering, and

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stabilizing children whose whereabouts become unknown while they

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are involved with the department and for preventing recurrences

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of such incidents. At a minimum, the rules must:

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     (a) Provide comprehensive, explicit, and consistent

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guidelines to be followed by the department's employees and

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contracted providers when the whereabouts of a child involved

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with the department is unknown.

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     (b) Include criteria to determine when a child is missing

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for purposes of making a report to a law enforcement agency, and

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require that in all cases in which a law enforcement agency has

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accepted a case for criminal investigation pursuant to s.

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39.301(2)(c) and the child's whereabouts are unknown, the child

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shall be considered missing and a report made.

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     (c) Include steps to be taken by employees and contracted

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providers to ensure and provide evidence that parents and

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guardians have been advised of the requirements of s. 787.04(3)

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and that violations are reported.

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     Section 3.  Subsection (1) of section 39.0138, Florida

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Statutes, is amended to read:

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     39.0138  Criminal history records check; limit on placement

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of a child.--

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     (1)  The department shall conduct a criminal history records

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check on for all persons being considered by the department for

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approval for placement of a child subject to a placement decision

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under this chapter, including all nonrelative placement

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decisions, all members of the household of the person being

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considered, and frequent visitors to the household. For purposes

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of this section, a criminal history records check may include,

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but is not limited to, submission of fingerprints to the

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Department of Law Enforcement for processing and forwarding to

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the Federal Bureau of Investigation for state and national

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criminal history information, and local criminal records checks

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through local law enforcement agencies. A criminal history

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records check must also include a search of the department's

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automated abuse information system. The department shall

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establish by rule standards for evaluating any information

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contained in the automated system relating to a person who must

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be screened for purposes of making a placement decision.

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     Section 4.  Section 39.0141, Florida Statutes, is created to

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read:

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     39.0141 Missing children; report required.--Whenever the

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whereabouts of a child involved with the department becomes

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unknown, the department, the community-based care provider, or

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the sheriff's office providing investigative services for the

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department shall make reasonable efforts, as defined by rule, to

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locate the child. If, pursuant to criteria established by rule,

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the child is determined to be missing, the department, the

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community-based care provider, or the sheriff's office shall file

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a report that the child is missing in accordance with s. 937.021.

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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 via fax or web-based report. Personnel

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at the department's central abuse hotline shall determine if the

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report 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 report or call 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 shall not accept the

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report or call 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 report or call to the county

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sheriff's appropriate law enforcement agency office. The

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department shall conduct an assessment and assist the family in

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receiving appropriate services pursuant to s. 39.307, and send a

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written report of the allegation to the appropriate county

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sheriff's office within 48 hours after the initial report is made

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to the central abuse 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 report or call 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 shall not be considered a

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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 web-based report includes caller

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reports indications of abuse or neglect beyond that necessarily

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

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

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considered as a report of abuse, neglect, or abandonment and

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shall be subject to the requirements of s. 39.395 and all other

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relevant provisions of this chapter, notwithstanding any

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provisions of 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

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report is received. This number shall be entered into the report

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of abuse, abandonment, or neglect and become a part of the record

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of the report, but shall enjoy the same confidentiality as

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provided to the identity of the reporter caller pursuant to s.

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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 which relate to suspected or known child abuse, neglect,

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or abandonment. The department shall maintain an electronic copy

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of each fax and web-based report. The recording or electronic

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copy of each fax and web-based report shall become a part of the

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record of the report but, notwithstanding s. 39.202, shall be

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released in full only to law enforcement agencies and state

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attorneys for the purpose of investigating and prosecuting

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criminal charges pursuant to s. 39.205, or to employees of the

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department for the purpose of investigating and seeking

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administrative penalties pursuant to s. 39.206. Nothing in this

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paragraph shall prohibit the use of the recordings, the

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electronic copies of faxes, and web-based reports by hotline

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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, via fax, via web-based reporting, or through

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a single statewide toll-free telephone number, which any person

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may use to report known or suspected child abuse, abandonment, or

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neglect at any hour of the day or night, any day of the week. The

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central abuse hotline shall be operated in such a manner as to

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enable the 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 utilization of

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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, fax reports, and web-based reports to

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the hotline involving three or more unaccepted reports on a

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single child, where jurisdiction applies, in order to detect such

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things as harassment and situations that warrant an investigation

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

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The 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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================ 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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     On line(s) 1393, delete "e-mail"

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and insert:

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web-based report

4/22/2008  9:59:00 PM     10-08399A-08