Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 126
       
       
       
       
       
       
                                Barcode 680650                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/06/2009           .                                
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       The Committee on Judiciary (Joyner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete everything after the enacting clause
    6  and insert:
    7         Section 1. Section 39.00145, Florida Statutes, is created
    8  to read:
    9         39.00145Records concerning children.—
   10         (1)The case file of every child under the supervision of
   11  or in the custody of the department, the department’s authorized
   12  agents, or providers contracting with the department, including
   13  community-based care lead agencies and their subcontracted
   14  providers, must be maintained in a complete and accurate manner.
   15  The case file must contain, at a minimum, the child’s case plan
   16  required under part VIII of this chapter and the full name and
   17  street address of all shelters, foster parents, group homes,
   18  treatment facilities, or locations where the child has been
   19  placed.
   20         (2)Notwithstanding any other provision of this chapter,
   21  all records in a child’s case file must be made available for
   22  inspection, upon request, to the child who is the subject of the
   23  case record and to the child’s caregiver, guardian ad litem, or
   24  attorney.
   25         (a)A complete and accurate copy of any record in a child’s
   26  case file must be provided, upon request and at no cost, to the
   27  child who is the subject of the case record and to the child’s
   28  caregiver, guardian ad litem, or attorney.
   29         (b)The department shall release the information in a
   30  manner and setting that are appropriate to the age and maturity
   31  of the child and the nature of the information being released,
   32  which may include the release of information in a therapeutic
   33  setting, if appropriate. This paragraph does not deny the child
   34  access to his or her records.
   35         (c)If a child or the child’s caregiver, guardian ad litem,
   36  or attorney requests access to the child’s case file, any person
   37  or entity that fails to provide records in the case file under
   38  assertion of a claim of exemption from the public-records
   39  requirements of chapter 119, or fails to provide access within a
   40  reasonable time, is subject to sanctions and penalties under s.
   41  119.10.
   42         (3)If a court determines that sharing information in the
   43  child’s case file is necessary to ensure access to appropriate
   44  services for the child or for the safety of the child, the court
   45  may approve the release of confidential records or information
   46  contained in them.
   47         (4)Notwithstanding any other provision of law, all state
   48  and local agencies and programs that provide services to
   49  children or that are responsible for a child’s safety, including
   50  the Department of Juvenile Justice, the Department of Health,
   51  the Agency for Health Care Administration, the Agency for
   52  Persons with Disabilities, the Department of Education, the
   53  Department of Revenue, the school districts, the Statewide
   54  Guardian Ad Litem Office, and any provider contracting with such
   55  agencies, may share with each other confidential records or
   56  information that are confidential or exempt from disclosure
   57  under chapter 119 if the records or information are reasonably
   58  necessary to ensure access to appropriate services for the
   59  child, including child support enforcement services, or for the
   60  safety of the child. However:
   61         (a)Records or information made confidential by federal law
   62  may not be shared.
   63         (b)This subsection does not apply to information
   64  concerning clients and records of certified domestic violence
   65  centers, which are confidential under s. 39.908 and privileged
   66  under s. 90.5036.
   67         Section 2. Paragraph (r) is added to subsection(2) of
   68  section 39.202, Florida Statutes, and subsection (7) of that
   69  section is amended, to read:
   70         39.202 Confidentiality of reports and records in cases of
   71  child abuse or neglect.—
   72         (2) Except as provided in subsection (4), access to such
   73  records, excluding the name of the reporter which shall be
   74  released only as provided in subsection (5), shall be granted
   75  only to the following persons, officials, and agencies:
   76         (r)Persons with whom the department is seeking to place
   77  the child or to whom placement has been granted, including
   78  foster parents for whom an approved home study has been
   79  conducted, the designee of a licensed residential group home
   80  described in s. 39.523, an approved relative or nonrelative with
   81  whom a child is placed pursuant to s. 39.402, preadoptive
   82  parents for whom a favorable preliminary adoptive home study has
   83  been conducted, adoptive parents, or an adoption entity acting
   84  on behalf of preadoptive or adoptive parents.
   85         (7) The department shall make and keep reports and records
   86  of all cases under this chapter relating to child abuse,
   87  abandonment, and neglect and shall preserve the records
   88  pertaining to a child and family until 7 years after the last
   89  entry was made or until the child who is the subject of the
   90  record is 30 is 18 years of age, whichever date is first
   91  reached, and may then destroy the records. Department records
   92  required by this chapter relating to child abuse, abandonment,
   93  and neglect may be inspected only upon order of the court or as
   94  provided for in this section.
   95         (a)Within 90 days after the child leaves the department’s
   96  custody, the department shall give a notice to the person having
   97  legal custody of the child, or to the young adult who was in the
   98  department’s custody, which specifies how the records may be
   99  obtained.
  100         (b)The department may adopt rules regarding the format,
  101  storage, retrieval, and release of such records.
  102         Section 3. This act shall take effect July 1, 2009.
  103  
  104  ================= T I T L E  A M E N D M E N T ================
  105         And the title is amended as follows:
  106         Delete everything before the enacting clause
  107  and insert:
  108                        A bill to be entitled                      
  109         An act relating to the confidential records of
  110         children; creating s. 39.00145, F.S.; requiring that
  111         the case file of a child under the supervision or in
  112         the custody of the Department of Children and Family
  113         Services be maintained in a complete and accurate
  114         manner; specifying who has access to the case file and
  115         records in the file; authorizing the court to directly
  116         release the child’s records to certain entities;
  117         providing that entities that have access to
  118         confidential information concerning a child may share
  119         it with other entities that provide services
  120         benefiting children; providing for exceptions for the
  121         sharing of confidential information under certain
  122         circumstances; amending s. 39.202, F.S.; expanding the
  123         list of persons or entities that have access to child
  124         abuse records; revising how long the department must
  125         keep such records; requiring the department to provide
  126         notice how the child’s records may be obtained after
  127         the child leaves the department’s custody; authorizing
  128         the department to adopt rules; providing an effective
  129         date.