Florida Senate - 2019                                     SB 128
       
       
        
       By Senator Bean
       
       
       
       
       
       4-00078B-19                                            2019128__
    1                        A bill to be entitled                      
    2         An act relating to child abuse; amending s. 39.01,
    3         F.S.; expanding the list of incidents or injuries that
    4         constitute harm to a child’s health or welfare to
    5         include incidents or injuries resulting from
    6         violations of child restraint and seatbelt
    7         requirements; amending s. 39.201, F.S.; requiring the
    8         central abuse hotline to accept certain reports or
    9         calls for investigation for children who do not live
   10         in this state; amending s. 39.303, F.S.; expanding the
   11         types of reports that the Department of Health must
   12         refer to Child Protection Teams; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (m) is added to subsection (35) of
   18  section 39.01, Florida Statutes, to read:
   19         39.01 Definitions.—When used in this chapter, unless the
   20  context otherwise requires:
   21         (35) “Harm” to a child’s health or welfare can occur when
   22  any person:
   23         (m) Violates s. 316.613 or s. 316.614 resulting in the
   24  death or injury of a child, if substantiated by a licensed
   25  physician’s opinion that the violation exacerbated the child’s
   26  injuries or resulted in the child’s death.
   27         Section 2. Paragraph (d) of subsection (2) of section
   28  39.201, Florida Statutes, is amended to read:
   29         39.201 Mandatory reports of child abuse, abandonment, or
   30  neglect; mandatory reports of death; central abuse hotline.—
   31         (2)
   32         (d) If the report is of an instance of known or suspected
   33  child abuse, abandonment, or neglect which that occurred out of
   34  state and the alleged perpetrator and the child alleged to be a
   35  victim live out of state, the central abuse hotline may shall
   36  not accept the report or call for investigation unless the child
   37  is currently being evaluated in a medical facility in this
   38  state.
   39         1. If the child is currently being evaluated in a medical
   40  facility in this state, the central abuse hotline shall accept
   41  the report or call for investigation and transfer the
   42  information on the report or call to the appropriate state or
   43  country.
   44         2. If the child is not currently being evaluated in a
   45  medical facility in this state, the central abuse hotline, but
   46  shall transfer the information on the report or call to the
   47  appropriate state or country.
   48         Section 3. Paragraphs (i) and (j) are added to subsection
   49  (4) of section 39.303, Florida Statutes, to read:
   50         39.303 Child Protection Teams and sexual abuse treatment
   51  programs; services; eligible cases.—
   52         (4) The child abuse, abandonment, and neglect reports that
   53  must be referred by the department to Child Protection Teams of
   54  the Department of Health for an assessment and other appropriate
   55  available support services as set forth in subsection (3) must
   56  include cases involving:
   57         (i) A child who does not live in this state who is
   58  currently being evaluated in a medical facility in this state.
   59         (j) A child who was not properly restrained in a motor
   60  vehicle pursuant to s. 316.613 or s. 316.614 and the improper
   61  restraint exacerbated the child’s injuries or resulted in the
   62  child’s death.
   63         Section 4. This act shall take effect July 1, 2019.