CS for CS for SB 126 First Engrossed (ntc) 2009126e1 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 record 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 record; 8 authorizing the court to directly release the child’s 9 records to certain entities; providing that entities 10 that have access to confidential information 11 concerning a child may share it with other entities 12 that provide services benefiting children; providing 13 for exceptions for the sharing of confidential 14 information under certain circumstances; amending s. 15 39.202, F.S.; expanding the list of persons or 16 entities that have access to child abuse records; 17 revising how long the department must keep such 18 records; requiring the department to provide notice of 19 how the child’s records may be obtained after the 20 child leaves the department’s custody; authorizing the 21 department to adopt rules; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 39.00145, Florida Statutes, is created 27 to read: 28 39.00145 Records concerning children.— 29 (1) The case record of every child under the supervision of 30 or in the custody of the department, the department’s authorized 31 agents, or providers contracting with the department, including 32 community-based care lead agencies and their subcontracted 33 providers, must be maintained in a complete and accurate manner. 34 The case record must contain, at a minimum, the child’s case 35 plan required under part VIII of this chapter and the full name 36 and street address of all shelters, foster parents, group homes, 37 treatment facilities, or locations where the child has been 38 placed. 39 (2) Notwithstanding any other provision of this chapter, 40 all records in a child’s case record must be made available for 41 inspection, upon request, to the child who is the subject of the 42 case record and to the child’s caregiver, guardian ad litem, or 43 attorney. 44 (a) A complete and accurate copy of any record in a child’s 45 case record must be provided, upon request and at no cost, to 46 the child who is the subject of the case record and to the 47 child’s caregiver, guardian ad litem, or attorney. 48 (b) The department shall release the information in a 49 manner and setting that are appropriate to the age and maturity 50 of the child and the nature of the information being released, 51 which may include the release of information in a therapeutic 52 setting, if appropriate. This paragraph does not deny the child 53 access to his or her records. 54 (c) If a child or the child’s caregiver, guardian ad litem, 55 or attorney requests access to the child’s case record, any 56 person or entity that fails to provide any record in the case 57 record under assertion of a claim of exemption from the public 58 records requirements of chapter 119, or fails to provide access 59 within a reasonable time, is subject to sanctions and penalties 60 under s. 119.10. 61 (d) For the purposes of this subsection, the term 62 “caregiver” is limited to parents, legal custodians, permanent 63 guardians, or foster parents; employees of a residential home, 64 institution, facility, or agency at which the child resides; and 65 other individuals legally responsible for a child’s welfare in a 66 residential setting. 67 (3) If a court determines that sharing information in the 68 child’s case record is necessary to ensure access to appropriate 69 services for the child or for the safety of the child, the court 70 may approve the release of confidential records or information 71 contained in them. 72 (4) Notwithstanding any other provision of law, all state 73 and local agencies and programs that provide services to 74 children or that are responsible for a child’s safety, including 75 the Department of Juvenile Justice, the Department of Health, 76 the Agency for Health Care Administration, the Agency for 77 Persons with Disabilities, the Department of Education, the 78 Department of Revenue, the school districts, the Statewide 79 Guardian Ad Litem Office, and any provider contracting with such 80 agencies, may share with each other confidential records or 81 information that are confidential or exempt from disclosure 82 under chapter 119 if the records or information are reasonably 83 necessary to ensure access to appropriate services for the 84 child, including child support enforcement services, or for the 85 safety of the child. However: 86 (a) Records or information made confidential by federal law 87 may not be shared. 88 (b) This subsection does not apply to information 89 concerning clients and records of certified domestic violence 90 centers, which are confidential under s. 39.908 and privileged 91 under s. 90.5036. 92 Section 2. Paragraph (r) is added to subsection (2) of 93 section 39.202, Florida Statutes, and subsection (7) of that 94 section is amended, to read: 95 39.202 Confidentiality of reports and records in cases of 96 child abuse or neglect.— 97 (2) Except as provided in subsection (4), access to such 98 records, excluding the name of the reporter which shall be 99 released only as provided in subsection (5), shall be granted 100 only to the following persons, officials, and agencies: 101 (r) Persons with whom the department is seeking to place 102 the child or to whom placement has been granted, including 103 foster parents for whom an approved home study has been 104 conducted, the designee of a licensed residential group home 105 described in s. 39.523, an approved relative or nonrelative with 106 whom a child is placed pursuant to s. 39.402, preadoptive 107 parents for whom a favorable preliminary adoptive home study has 108 been conducted, adoptive parents, or an adoption entity acting 109 on behalf of preadoptive or adoptive parents. 110 (7) The department shall make and keep reports and records 111 of all cases under this chapterrelating to child abuse,112abandonment, and neglectand shall preserve the records 113 pertaining to a child and familyuntil 7 years after the last114entry was made oruntil the child who is the subject of the 115 record is 30is 18years of age,whichever date is first116reached,and may then destroy the records.Department records117required by this chapter relating to child abuse, abandonment,118and neglect may be inspected only upon order of the court or as119provided for in this section.120 (a) Within 90 days after the child leaves the department’s 121 custody, the department shall give a notice to the person having 122 legal custody of the child, or to the young adult who was in the 123 department’s custody, which specifies how the records may be 124 obtained. 125 (b) The department may adopt rules regarding the format, 126 storage, retrieval, and release of such records. 127 Section 3. This act shall take effect July 1, 2009.