Florida Senate - 2009                              CS for SB 126
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Dockery, Bennett, Lynn, and Bullard
       
       
       
       586-03454-09                                           2009126c1
    1                        A bill to be entitled                      
    2         An act relating to the confidential records of
    3         children; creating s. 39.00145, F.S.; requiring that
    4         the case file of a child under the supervision or in
    5         the custody of the Department of Children and Family
    6         Services be maintained in a complete and accurate
    7         manner; specifying who has access to the case file and
    8         records in the file; authorizing the court to directly
    9         release the child’s records to certain entities;
   10         providing that entities that have access to
   11         confidential information concerning a child may share
   12         it with other entities that provide services
   13         benefiting children; providing for exceptions for the
   14         sharing of confidential information under certain
   15         circumstances; amending s. 39.202, F.S.; expanding the
   16         list of persons or entities that have access to child
   17         abuse records; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 39.00145, Florida Statutes, is created
   22  to read:
   23         39.00145Records concerning children.—
   24         (1)The case record of every child under the supervision of
   25  or in the custody of the department, the department’s authorized
   26  agents, or providers contracting with the department, including
   27  community-based care lead agencies and their subcontracted
   28  providers, must be maintained in a complete and accurate manner.
   29  The case record must contain, at a minimum, the child’s case
   30  plan required under part VIII of this chapter and the full name
   31  and street address of all shelters, foster parents, group homes,
   32  treatment facilities, or locations where the child is placed.
   33         (2)Notwithstanding any other provision of this chapter,
   34  all records in a child’s case record must be made available for
   35  inspection, upon request, to the child who is the subject of the
   36  case record and to the child’s caregiver, guardian ad litem, or
   37  attorney.
   38         (a)A complete and accurate copy of any record in a child’s
   39  case record must be provided, upon request and at no cost, to
   40  the child who is the subject of the case record and to the
   41  child’s caregiver, guardian ad litem, or attorney.
   42         (b)The department shall release the information in a
   43  manner and setting that are appropriate to the age and maturity
   44  of the child and the nature of the information being released,
   45  which may include the release of such information in a
   46  therapeutic setting, if appropriate. This paragraph does not
   47  deny the child access to his or her records.
   48         (3)If a court determines that sharing information in the
   49  child’s case record is necessary to ensure access to appropriate
   50  services for the child or for the safety of the child, the court
   51  may approve the release of confidential records or information
   52  contained in them.
   53         (4)Notwithstanding any other provision of law, all state
   54  and local agencies and programs that provide services to
   55  children or that are responsible for a child’s safety, including
   56  the Department of Juvenile Justice, the Department of Health,
   57  the Agency for Health Care Administration, the Agency for
   58  Persons with Disabilities, the Department of Education, the
   59  school districts, the Statewide Guardian Ad Litem Office, and
   60  any provider contracting with such agencies, may share with each
   61  other confidential records or information that are confidential
   62  or exempt from disclosure under chapter 119 if the records or
   63  information are reasonably necessary to ensure access to
   64  appropriate services for the child or for the safety of the
   65  child. However:
   66         (a)Records or information made confidential by federal law
   67  may not be shared.
   68         (b)This subsection does not apply to information
   69  concerning clients and records of certified domestic violence
   70  centers, which are confidential under s. 39.908 and privileged
   71  under s. 90.5036.
   72         Section 2. Paragraph (r) is added to subsection(2) of
   73  section 39.202, Florida Statutes, to read:
   74         39.202 Confidentiality of reports and records in cases of
   75  child abuse or neglect.—
   76         (2) Except as provided in subsection (4), access to such
   77  records, excluding the name of the reporter which shall be
   78  released only as provided in subsection (5), shall be granted
   79  only to the following persons, officials, and agencies:
   80         (r)Persons with whom the department is seeking to place
   81  the child or to whom placement has been granted, including
   82  foster parents for whom an approved home study has been
   83  conducted, the designee of a licensed residential group home
   84  described in s. 39.523, an approved relative or nonrelative with
   85  whom a child is placed pursuant to s. 39.402(4), preadoptive
   86  parents for whom a favorable preliminary adoptive home study has
   87  been conducted, adoptive parents, or an adoption entity acting
   88  on behalf of preadoptive or adoptive parents.
   89         Section 3. This act shall take effect July 1, 2009.