Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 126 Barcode 680650 LEGISLATIVE ACTION Senate . House Comm: RS . 04/06/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 39.00145 Records 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 chapterrelating to child abuse,87abandonment, and neglectand shall preserve the records 88 pertaining to a child and familyuntil 7 years after the last89entry was made oruntil the child who is the subject of the 90 record is 30is 18years of age,whichever date is first91reached,and may then destroy the records.Department records92required by this chapter relating to child abuse, abandonment,93and neglect may be inspected only upon order of the court or as94provided 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.