Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 1276 Barcode 508690 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/27/2009 06:44 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Dockery moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 97 - 108 4 and insert: 5 Section 3. Paragraphs (r) and (s) are added to subsection 6 (2) of section 39.202, Florida Statutes, and subsection (7) of 7 that section is amended, to read: 8 39.202 Confidentiality of reports and records in cases of 9 child abuse or neglect.— 10 (2) Except as provided in subsection (4), access to such 11 records, excluding the name of the reporter which shall be 12 released only as provided in subsection (5), shall be granted 13 only to the following persons, officials, and agencies: 14 (r) A physician licensed under chapter 458 or chapter 459, 15 a psychologist licensed under chapter 490, or a mental health 16 professional licensed under chapter 491 engaged in the care or 17 treatment of the child. 18 (s) Persons with whom the department is seeking to place 19 the child or to whom placement has been granted, including 20 foster parents for whom an approved home study has been 21 conducted, the designee of a licensed residential group home 22 described in s. 39.523, an approved relative or nonrelative with 23 whom a child is placed pursuant to s. 39.402, preadoptive 24 parents for whom a favorable preliminary adoptive home study has 25 been conducted, adoptive parents, or an adoption entity acting 26 on behalf of preadoptive or adoptive parents. 27 (7) The department shall make and keep reports and records 28 of all cases under this chapterrelating to child abuse,29abandonment, and neglectand shall preserve the records 30 pertaining to a child and familyuntil 7 years after the last31entry was made oruntil the child who is the subject of the 32 record is 30is 18years of age,whichever date is first33reached,and may then destroy the records.Department records34required by this chapter relating to child abuse, abandonment,35and neglect may be inspected only upon order of the court or as36provided for in this section.37 (a) Within 90 days after the child leaves the department’s 38 custody, the department shall give a notice to the person having 39 legal custody of the child, or to the young adult who was in the 40 department’s custody, which specifies how the records may be 41 obtained. 42 (b) The department may adopt rules regarding the format, 43 storage, retrieval, and release of such records. 44 Section 4. Section 39.00145, Florida Statutes, is created 45 to read: 46 39.00145 Records concerning children.— 47 (1) The case record of every child under the supervision of 48 or in the custody of the department, the department’s authorized 49 agents, or providers contracting with the department, including 50 community-based care lead agencies and their subcontracted 51 providers, must be maintained in a complete and accurate manner. 52 The case record must contain, at a minimum, the child’s case 53 plan required under part VIII of this chapter and the full name 54 and street address of all shelters, foster parents, group homes, 55 treatment facilities, or locations where the child has been 56 placed. 57 (2) Notwithstanding any other provision of this chapter, 58 all records in a child’s case record must be made available for 59 inspection, upon request, to the child who is the subject of the 60 case record and to the child’s caregiver, guardian ad litem, or 61 attorney. 62 (a) A complete and accurate copy of any record in a child’s 63 case record must be provided, upon request and at no cost, to 64 the child who is the subject of the case record and to the 65 child’s caregiver, guardian ad litem, or attorney. 66 (b) The department shall release the information in a 67 manner and setting that are appropriate to the age and maturity 68 of the child and the nature of the information being released, 69 which may include the release of information in a therapeutic 70 setting, if appropriate. This paragraph does not deny the child 71 access to his or her records. 72 (c) If a child or the child’s caregiver, guardian ad litem, 73 or attorney requests access to the child’s case record, any 74 person or entity that fails to provide any record in the case 75 record under assertion of a claim of exemption from the public 76 records requirements of chapter 119, or fails to provide access 77 within a reasonable time, is subject to sanctions and penalties 78 under s. 119.10. 79 (3) If a court determines that sharing information in the 80 child’s case record is necessary to ensure access to appropriate 81 services for the child or for the safety of the child, the court 82 may approve the release of confidential records or information 83 contained in them. 84 (4) Notwithstanding any other provision of law, all state 85 and local agencies and programs that provide services to 86 children or that are responsible for a child’s safety, including 87 the Department of Juvenile Justice, the Department of Health, 88 the Agency for Health Care Administration, the Agency for 89 Persons with Disabilities, the Department of Education, the 90 Department of Revenue, the school districts, the Statewide 91 Guardian Ad Litem Office, and any provider contracting with such 92 agencies, may share with each other confidential records or 93 information that are confidential or exempt from disclosure 94 under chapter 119 if the records or information are reasonably 95 necessary to ensure access to appropriate services for the 96 child, including child support enforcement services, or for the 97 safety of the child. However: 98 (a) Records or information made confidential by federal law 99 may not be shared. 100 (b) This subsection does not apply to information 101 concerning clients and records of certified domestic violence 102 centers, which are confidential under s. 39.908 and privileged 103 under s. 90.5036. 104 105 ================= T I T L E A M E N D M E N T ================ 106 And the title is amended as follows: 107 Delete lines 7 - 10 108 and insert: 109 central abuse hotline; amending s. 39.202, F.S.; 110 expanding access to certain confidential reports of 111 child abuse or neglect to include physicians, 112 psychologists, and mental health professionals; 113 expanding the list of persons or entities that have 114 access to child abuse records; revising how long the 115 department must keep such records; requiring the 116 department to provide notice of how the child’s 117 records may be obtained after the child leaves the 118 department’s custody; authorizing the department to 119 adopt rules; creating s. 39.00145, F.S.; requiring 120 that the case record of a child under the supervision 121 or in the custody of the Department of Children and 122 Family Services be maintained in a complete and 123 accurate manner; specifying who has access to the case 124 record; authorizing the court to directly release the 125 child’s records to certain entities; providing that 126 entities that have access to confidential information 127 concerning a child may share it with other entities 128 that provide services benefiting children; providing 129 for exceptions for the sharing of confidential 130 information under certain circumstances;