Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 1355, 1st Eng.
Barcode 687376
LEGISLATIVE ACTION
Senate . House
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Floor: 4/RE/2R .
03/08/2012 10:12 AM .
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Senators Benacquisto and Storms moved the following:
1 Senate Amendment
2
3 Delete lines 67 - 146
4 and insert:
5 Section 1. Subsections (1), (2), and (4) of section 39.201,
6 Florida Statutes, are amended to read:
7 39.201 Mandatory reports of child abuse, abandonment, or
8 neglect; mandatory reports of death; central abuse hotline.—
9 (1)(a) Any person who knows, or has reasonable cause to
10 suspect, that a child is abused, abandoned, or neglected by a
11 parent, legal custodian, caregiver, or other person responsible
12 for the child’s welfare, as defined in this chapter, or that a
13 child is in need of supervision and care and has no parent,
14 legal custodian, or responsible adult relative immediately known
15 and available to provide supervision and care shall report such
16 knowledge or suspicion to the department in the manner
17 prescribed in subsection (2).
18 (b) Any person who knows, or who has reasonable cause to
19 suspect, that a child is abused by an adult other than a parent,
20 legal custodian, caregiver, or other person responsible for the
21 child’s welfare, as defined in this chapter, shall report such
22 knowledge or suspicion to the department in the manner
23 prescribed in subsection (2).
24 (c) Any person who knows, or has reasonable cause to
25 suspect, that a child is the victim of a known or suspected
26 juvenile sexual offender, as defined in this chapter, shall
27 report such knowledge or suspicion to the department in the
28 manner prescribed in subsection (2).
29 (d)(b) Reporters in the following occupation categories are
30 required to provide their names to the hotline staff:
31 1. Physician, osteopathic physician, medical examiner,
32 chiropractic physician, nurse, or hospital personnel engaged in
33 the admission, examination, care, or treatment of persons;
34 2. Health or mental health professional other than one
35 listed in subparagraph 1.;
36 3. Practitioner who relies solely on spiritual means for
37 healing;
38 4. School teacher or other school official or personnel;
39 5. Social worker, day care center worker, or other
40 professional child care, foster care, residential, or
41 institutional worker;
42 6. Law enforcement officer; or
43 7. Judge.
44
45 The names of reporters shall be entered into the record of the
46 report, but shall be held confidential and exempt as provided in
47 s. 39.202.
48 (e)(c) A professional who is hired by or enters into a
49 contract with the department for the purpose of treating or
50 counseling any person, as a result of a report of child abuse,
51 abandonment, or neglect, is not required to again report to the
52 central abuse hotline the abuse, abandonment, or neglect that
53 was the subject of the referral for treatment.
54 (f)(d) An officer or employee of the judicial branch is not
55 required to again provide notice of reasonable cause to suspect
56 child abuse, abandonment, or neglect when that child is
57 currently being investigated by the department, there is an
58 existing dependency case, or the matter has previously been
59 reported to the department, provided there is reasonable cause
60 to believe the information is already known to the department.
61 This paragraph applies only when the information has been
62 provided to the officer or employee in the course of carrying
63 out his or her official duties.
64 (g)(e) Nothing in this chapter or in the contracting with
65 community-based care providers for foster care and related
66 services as specified in s. 409.1671 shall be construed to
67 remove or reduce the duty and responsibility of any person,
68 including any employee of the community-based care provider, to
69 report a suspected or actual case of child abuse, abandonment,
70 or neglect or the sexual abuse of a child to the department’s
71 central abuse hotline.
72 (2)(a) Each report of known or suspected child abuse,
73 abandonment, or neglect by a parent, legal custodian, caregiver,
74 or other person responsible for the child’s welfare as defined
75 in this chapter, except those solely under s. 827.04(3), and
76 each report that a child is in need of supervision and care and
77 has no parent, legal custodian, or responsible adult relative
78 immediately known and available to provide supervision and care
79 shall be made immediately to the department’s central abuse
80 hotline. Such reports may be made on the single statewide toll
81 free telephone number or via fax, web-based chat, or web-based
82 report. Personnel at the department’s central abuse hotline
83 shall determine if the report received meets the statutory
84 definition of child abuse, abandonment, or neglect. Any report
85 meeting one of these definitions shall be accepted for the
86 protective investigation pursuant to part III of this chapter.
87 (b) Each report of known or suspected child abuse by an
88 adult other than a parent, legal custodian, caregiver, or other
89 person responsible for the child’s welfare, as defined in this
90 chapter, shall be made immediately to the department’s central
91 abuse hotline. Such reports may be made on the single statewide
92 toll-free telephone number or via fax, web-based chat, or web
93 based report. Such reports or calls shall be immediately
94 electronically transferred to the appropriate county sheriff’s
95 office by the central abuse hotline. If the report is of an
96 instance of known or suspected child abuse by someone other than
97 a parent, legal custodian, caregiver, or other person
98 responsible for the child’s welfare as defined in this chapter,
99 the report or call shall be immediately electronically
100 transferred to the appropriate county sheriff’s office by the
101 central abuse hotline.
102 (c) Reports involving a known or suspected juvenile sexual
103 offender or a child who has exhibited inappropriate sexual
104 behavior shall be made and received by the department.
105 1. The department shall determine the age of the alleged
106 offender, if known.
107 2. If the alleged offender is 12 years of age or younger,
108 the central abuse hotline shall immediately electronically
109 transfer the report or call to the county sheriff’s office. The
110 department shall conduct an assessment and assist the family in
111 receiving appropriate services pursuant to s. 39.307, and send a
112 written report of the allegation to the appropriate county
113 sheriff’s office within 48 hours after the initial report is
114 made to the central abuse hotline.
115 3. If the alleged offender is 13 years of age or older, the
116 central abuse hotline shall immediately electronically transfer
117 the report or call to the appropriate county sheriff’s office
118 and send a written report to the appropriate county sheriff’s
119 office within 48 hours after the initial report to the central
120 abuse hotline.
121 (d)(c) If the report is of an instance of known or
122 suspected child abuse, abandonment, or neglect that occurred out
123 of state and the alleged perpetrator and the child alleged to be
124 a victim live out of state, the central abuse hotline shall not
125 accept the report or call for investigation, but shall transfer
126 the information on the report to the appropriate state.
127 (e)(d) If the report is of an instance of known or
128 suspected child abuse involving impregnation of a child under 16
129 years of age by a person 21 years of age or older solely under
130 s. 827.04(3), the report shall be made immediately to the
131 appropriate county sheriff’s office or other appropriate law
132 enforcement agency. If the report is of an instance of known or
133 suspected child abuse solely under s. 827.04(3), the reporting
134 provisions of this subsection do not apply to health care
135 professionals or other persons who provide medical or counseling
136 services to pregnant children when such reporting would
137 interfere with the provision of medical services.
138 (f)(e) Reports involving known or suspected institutional
139 child abuse or neglect shall be made and received in the same
140 manner as all other reports made pursuant to this section.
141 (f) Reports involving a known or suspected juvenile sexual
142 offender or a child who has exhibited inappropriate sexual
143 behavior shall be made and received by the department.
144 1. The department shall determine the age of the alleged
145 offender, if known.
146 2. If the alleged offender is 12 years of age or younger,
147 the central abuse hotline shall immediately electronically
148 transfer the report or call to the county sheriff’s office. The
149 department shall conduct an assessment and assist the family in
150 receiving appropriate services pursuant to s. 39.307, and send a
151 written report of the allegation to the appropriate county
152 sheriff’s office within 48 hours after the initial report is
153 made to the central abuse hotline.
154 3. If the alleged offender is 13 years of age or older, the
155 central abuse hotline shall immediately electronically transfer
156 the report or call to the appropriate county sheriff’s office
157 and send a written report to the appropriate county sheriff’s
158 office within 48 hours after the initial report to the central
159 abuse hotline.