Florida Senate - 2014                                    SB 1404
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-01419-14                                           20141404__
    1                        A bill to be entitled                      
    2         An act relating to juvenile sexual abuse; amending s.
    3         39.01, F.S.; redefining the terms “alleged juvenile
    4         sexual offender,” “juvenile sexual abuse,” and “child
    5         who has exhibited inappropriate sexual behavior”;
    6         amending s. 39.201, F.S.; requiring that an alleged
    7         incident of juvenile sexual abuse involving a child
    8         who is in the custody or protective supervision of the
    9         Department of Children and Families be reported to the
   10         department’s central abuse hotline; requiring the
   11         department to determine if a child included in the
   12         report is known to the department; requiring the
   13         department to follow specified procedures if a child
   14         is known to the department; requiring the department
   15         to follow specified procedures if a child is not known
   16         to the department; conforming provisions to changes
   17         made by the act; amending s. 39.307, F.S.; requiring
   18         the department to assist a family in receiving
   19         appropriate services to address a report that alleges
   20         inappropriate sexual behavior; requiring Children’s
   21         Legal Services to notify all parties to the dependency
   22         proceeding if a child involved in a report of child
   23         on-child sexual abuse is known to the department;
   24         requiring the department to create a system to
   25         identify and track the provision of specified
   26         services; providing requirements for the system;
   27         requiring persons who make placement decisions to
   28         consult the information in the system; requiring the
   29         department to monitor the number of children in out
   30         of-home care or under supervision of the court who are
   31         victims of juvenile sexual abuse; conforming
   32         provisions to changes made by the act; amending s.
   33         985.04, F.S.; conforming a provision to changes made
   34         by the act; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsections (7) and (14) of section 39.01,
   39  Florida Statutes, are amended to read:
   40         39.01 Definitions.—When used in this chapter, unless the
   41  context otherwise requires:
   42         (7) “Alleged juvenile sexual offender” means:
   43         (a) A child 12 years of age or younger who is alleged to
   44  have committed a violation of chapter 794, chapter 796, chapter
   45  800, s. 827.071, or s. 847.0133; or
   46         (b) A child who is alleged to have committed any violation
   47  of law or delinquent act involving juvenile sexual abuse.
   48  “Juvenile sexual abuse” means any sexual behavior which occurs
   49  without consent, without equality, or as a result of coercion.
   50  For purposes of this subsection paragraph, the term following
   51  definitions apply:
   52         (a)1. “Coercion” means the exploitation of authority or the
   53  use of bribes, threats of force, or intimidation to gain
   54  cooperation or compliance.
   55         (c)2. “Equality” means two participants operating with the
   56  same level of power in a relationship, neither being controlled
   57  nor coerced by the other.
   58         (b)3. “Consent” means an agreement, including all of the
   59  following:
   60         1.a. Understanding what is proposed based on age, maturity,
   61  developmental level, functioning, and experience.
   62         2.b. Knowledge of societal standards for what is being
   63  proposed.
   64         3.c. Awareness of potential consequences and alternatives.
   65         4.d. Assumption that agreement or disagreement will be
   66  accepted equally.
   67         5.e. Voluntary decision.
   68         6.f. Mental competence.
   69  
   70  Juvenile sexual abuse offender behavior ranges from noncontact
   71  sexual behavior such as making obscene phone calls,
   72  exhibitionism, voyeurism, and the showing or taking of lewd
   73  photographs to varying degrees of direct sexual contact, such as
   74  frottage, fondling, digital penetration, rape, fellatio, sodomy,
   75  and various other sexually aggressive acts.
   76         (14) “Child who has exhibited inappropriate sexual
   77  behavior” means a child who is 12 years of age or younger and
   78  who has been found by the department or the court to have
   79  committed an inappropriate sexual act.
   80         Section 2. Paragraph (c) of subsection (2) of section
   81  39.201, Florida Statutes, is amended to read:
   82         39.201 Mandatory reports of child abuse, abandonment, or
   83  neglect; mandatory reports of death; central abuse hotline.—
   84         (2)
   85         (c) Reports involving a known or suspected juvenile sexual
   86  abuse offender or a child who has exhibited inappropriate sexual
   87  behavior shall be made and received by the department. An
   88  alleged incident of juvenile sexual abuse involving a child who
   89  is in the custody or protective supervision of the department
   90  shall be reported to the department’s central abuse hotline.
   91         1. The department shall determine whether a child included
   92  in the report is known to the department the age of the alleged
   93  offender, if known.
   94         2.If a child is known to the department, the department’s
   95  central abuse hotline must inform Children’s Legal Services of
   96  the allegation so that it can promptly advise the court and
   97  parties to the chapter 39 proceeding. The department’s central
   98  abuse hotline shall immediately electronically transfer the
   99  report or call to the county sheriff’s office. The department
  100  shall conduct an assessment and assist the child in receiving
  101  appropriate services pursuant to s. 39.307 and send a written
  102  report of the allegation to the appropriate county sheriff’s
  103  office within 48 hours after the initial report is made to the
  104  department’s central abuse hotline.
  105         3.2. If the child is not known to the department alleged
  106  offender is 12 years of age or younger, the central abuse
  107  hotline shall immediately electronically transfer the report or
  108  call to the county sheriff’s office. The department shall
  109  conduct an assessment and assist the family in receiving
  110  appropriate services pursuant to s. 39.307, and send a written
  111  report of the allegation to the appropriate county sheriff’s
  112  office within 48 hours after the initial report is made to the
  113  central abuse hotline.
  114         3. If the alleged offender is 13 years of age or older, the
  115  central abuse hotline shall immediately electronically transfer
  116  the report or call to the appropriate county sheriff’s office
  117  and send a written report to the appropriate county sheriff’s
  118  office within 48 hours after the initial report to the central
  119  abuse hotline.
  120         Section 3. Section 39.307, Florida Statutes, is amended to
  121  read:
  122         39.307 Reports of child-on-child sexual abuse.—
  123         (1) Upon receiving a report alleging juvenile sexual abuse
  124  or inappropriate sexual behavior as those terms are defined in
  125  s. 39.01(7), the department shall assist the family in receiving
  126  appropriate services to address the allegations of the report.
  127  If a child involved in the report is known to the department,
  128  Children’s Legal Services shall promptly notify all parties to
  129  the dependency proceeding that a report was received.
  130         (a) The department shall create a unified system in the
  131  department’s Florida Safe Families Network to identify and track
  132  the provision of services to children who have been the victims
  133  of sexual abuse, juvenile sexual abuse, or who have displayed
  134  inappropriate sexual behaviors. This system must not stigmatize
  135  children.
  136         (b)Accurate information concerning a child’s history of
  137  abuse and behavior must be included in the system created in
  138  paragraph (a). Persons making placement decisions for a child
  139  must consult this information and, if necessary, seek expert
  140  assistance to determine which type of placement is safe and
  141  appropriate for the child.
  142         (c) The department shall monitor the number of children in
  143  out-of-home care or under supervision of the court who are
  144  victims of juvenile sexual abuse.
  145         (2) The department, contracted sheriff’s office providing
  146  protective investigation services, or contracted case management
  147  personnel responsible for providing services, at a minimum,
  148  shall adhere to the following procedures:
  149         (a) The purpose of the response to a report alleging
  150  juvenile sexual abuse or inappropriate sexual behavior shall be
  151  explained to the caregiver.
  152         1. The purpose of the response shall be explained in a
  153  manner consistent with legislative purpose and intent provided
  154  in this chapter.
  155         2. The name and office telephone number of the person
  156  responding shall be provided to the caregiver of the alleged
  157  abuser juvenile sexual offender or child who has exhibited
  158  inappropriate sexual behavior and the victim’s caregiver.
  159         3. The possible consequences of the department’s response,
  160  including outcomes and services, shall be explained to the
  161  caregiver of the alleged abuser juvenile sexual offender or
  162  child who has exhibited inappropriate sexual behavior and the
  163  victim’s caregiver.
  164         (b) The caregiver of the alleged abuser juvenile sexual
  165  offender or child who has exhibited inappropriate sexual
  166  behavior and the victim’s caregiver shall be involved to the
  167  fullest extent possible in determining the nature of the sexual
  168  behavior concerns and the nature of any problem or risk to other
  169  children.
  170         (c) The assessment of risk and the perceived treatment
  171  needs of the alleged abuser juvenile sexual offender or child
  172  who has exhibited inappropriate sexual behavior, the victim, and
  173  respective caregivers shall be conducted by the district staff,
  174  the child protection team of the Department of Health, and other
  175  providers under contract with the department to provide services
  176  to the caregiver of the alleged offender, the victim, and the
  177  victim’s caregiver.
  178         (d) The assessment shall be conducted in a manner that is
  179  sensitive to the social, economic, and cultural environment of
  180  the family.
  181         (e) If necessary, the child protection team of the
  182  Department of Health shall conduct a physical examination of the
  183  victim, which is sufficient to meet forensic requirements.
  184         (f) Based on the information obtained from the alleged
  185  abuser juvenile sexual offender or child who has exhibited
  186  inappropriate sexual behavior, his or her caregiver, the victim,
  187  and the victim’s caregiver, an assessment of service and
  188  treatment needs must be completed and, if needed, a case plan
  189  developed within 30 days.
  190         (g) The department shall classify the outcome of the report
  191  as follows:
  192         1. Report closed. Services were not offered because the
  193  department determined that there was no basis for intervention.
  194         2. Services accepted by alleged abuser juvenile sexual
  195  offender. Services were offered to the alleged abuser juvenile
  196  sexual offender or child who has exhibited inappropriate sexual
  197  behavior and accepted by the caregiver.
  198         3. Report closed. Services were offered to the alleged
  199  abuser juvenile sexual offender or child who has exhibited
  200  inappropriate sexual behavior, but were rejected by the
  201  caregiver.
  202         4. Notification to law enforcement. The risk to the
  203  victim’s safety and well-being cannot be reduced by the
  204  provision of services or the caregiver rejected services, and
  205  notification of the alleged delinquent act or violation of law
  206  to the appropriate law enforcement agency was initiated.
  207         5. Services accepted by victim. Services were offered to
  208  the victim and accepted by the caregiver.
  209         6. Report closed. Services were offered to the victim but
  210  were rejected by the caregiver.
  211         (3) If services have been accepted by the alleged abuser
  212  juvenile sexual offender or child who has exhibited
  213  inappropriate sexual behavior, the victim, and respective
  214  caregivers, the department shall designate a case manager and
  215  develop a specific case plan.
  216         (a) Upon receipt of the plan, the caregiver shall indicate
  217  its acceptance of the plan in writing.
  218         (b) The case manager shall periodically review the progress
  219  toward achieving the objectives of the plan in order to:
  220         1. Make adjustments to the plan or take additional action
  221  as provided in this part; or
  222         2. Terminate the case if indicated by successful or
  223  substantial achievement of the objectives of the plan.
  224         (4) Services provided to the alleged abuser juvenile sexual
  225  offender or child who has exhibited inappropriate sexual
  226  behavior, the victim, and respective caregivers or family must
  227  be voluntary and of necessary duration.
  228         (5) If the family or caregiver of the alleged abuser
  229  juvenile sexual offender or child who has exhibited
  230  inappropriate sexual behavior fails to adequately participate or
  231  allow for the adequate participation of the child in the
  232  services or treatment delineated in the case plan, the case
  233  manager may recommend that the department:
  234         (a) Close the case;
  235         (b) Refer the case to mediation or arbitration, if
  236  available; or
  237         (c) Notify the appropriate law enforcement agency of
  238  failure to comply.
  239         (6) At any time, as a result of additional information,
  240  findings of facts, or changing conditions, the department may
  241  pursue a child protective investigation as provided in this
  242  chapter.
  243         (7) The department may is authorized to develop rules and
  244  other policy directives necessary to administer implement the
  245  provisions of this section.
  246         Section 4. Paragraph (d) of subsection (4) of section
  247  985.04, Florida Statutes, is amended to read:
  248         985.04 Oaths; records; confidential information.—
  249         (4)
  250         (d) The department shall disclose to the school
  251  superintendent the presence of any child in the care and custody
  252  or under the jurisdiction or supervision of the department who
  253  has a known history of criminal sexual behavior with other
  254  juveniles; is an alleged to have committed juvenile sexual abuse
  255  offender, as defined in s. 39.01; or has pled guilty or nolo
  256  contendere to, or has been found to have committed, a violation
  257  of chapter 794, chapter 796, chapter 800, s. 827.071, or s.
  258  847.0133, regardless of adjudication. Any employee of a district
  259  school board who knowingly and willfully discloses such
  260  information to an unauthorized person commits a misdemeanor of
  261  the second degree, punishable as provided in s. 775.082 or s.
  262  775.083.
  263         Section 5. This act shall take effect July 1, 2014.