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 39.00145 Records 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.