Florida Senate - 2020 CS for SB 232 By the Committee on Children, Families, and Elder Affairs; and Senator Book 586-01384-20 2020232c1 1 A bill to be entitled 2 An act relating to child welfare; 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; 5 amending s. 39.303, F.S.; expanding the types of 6 reports that the Department of Children and Families 7 must refer to Child Protection Teams; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (a) of subsection (35) of section 13 39.01, Florida Statutes, is amended, and paragraphs (m) and (n) 14 are added to that subsection, to read: 15 39.01 Definitions.—When used in this chapter, unless the 16 context otherwise requires: 17 (35) “Harm” to a child’s health or welfare can occur when 18 any person: 19 (a) Inflicts or allows to be inflicted upon the child 20 physical, mental, or emotional injury. In determining whether 21 harm has occurred, the following factors must be considered in 22 evaluating any physical, mental, or emotional injury to a child: 23 the age of the child; any prior history of injuries to the 24 child; the location of the injury on the body of the child; the 25 multiplicity of the injury; and the type of trauma inflicted. 26 Such injury includes, but is not limited to: 27 1. Willful acts that produce the following specific 28 injuries: 29 a. Sprains, dislocations, or cartilage damage. 30 b. Bone or skull fractures. 31 c. Brain or spinal cord damage. 32 d. Intracranial hemorrhage or injury to other internal 33 organs. 34 e. Asphyxiation, suffocation, or drowning. 35 f. Injury resulting from the use of a deadly weapon. 36 g. Burns or scalding. 37 h. Cuts, lacerations, punctures, or bites. 38 i. Permanent or temporary disfigurement. 39 j. Permanent or temporary loss or impairment of a body part 40 or function. 41 42 As used in this subparagraph, the term “willful” refers to the 43 intent to perform an action, not to the intent to achieve a 44 result or to cause an injury. 45 2. Purposely giving a child, or storing or leaving out when 46 a person knows or reasonably should know that a child is likely 47 to gain access to, poison, alcohol, drugs, or other substances 48 that substantially affect the child’s behavior, motor 49 coordination, or judgment or that result in sickness or internal 50 injury. For the purposes of this subparagraph, the term: 51 a. “Drugs” means prescription drugs not prescribed for the 52 child or not administered as prescribed, and controlled 53 substances as outlined in Schedule I or Schedule II of s. 54 893.03. 55 b. “Other substances” includes any liquid that contains 56 nicotine, flavorings or, other substances that are heated into a 57 vapor by an electronic cigarette or other vaping device to be 58 inhaled by an individual. 59 3. Leaving a child without adult supervision or arrangement 60 appropriate for the child’s age or mental or physical condition, 61 so that the child is unable to care for the child’s own needs or 62 another’s basic needs or is unable to exercise good judgment in 63 responding to any kind of physical or emotional crisis. 64 4. Inappropriate or excessively harsh disciplinary action 65 that is likely to result in physical injury, mental injury as 66 defined in this section, or emotional injury. The significance 67 of any injury must be evaluated in light of the following 68 factors: the age of the child; any prior history of injuries to 69 the child; the location of the injury on the body of the child; 70 the multiplicity of the injury; and the type of trauma 71 inflicted. Corporal discipline may be considered excessive or 72 abusive when it results in any of the following or other similar 73 injuries: 74 a. Sprains, dislocations, or cartilage damage. 75 b. Bone or skull fractures. 76 c. Brain or spinal cord damage. 77 d. Intracranial hemorrhage or injury to other internal 78 organs. 79 e. Asphyxiation, suffocation, or drowning. 80 f. Injury resulting from the use of a deadly weapon. 81 g. Burns or scalding. 82 h. Cuts, lacerations, punctures, or bites. 83 i. Permanent or temporary disfigurement. 84 j. Permanent or temporary loss or impairment of a body part 85 or function. 86 k. Significant bruises or welts. 87 (m) Violates s. 316.613 or s. 316.614, resulting in the 88 death of a child or the injury of a child which requires 89 treatment at a medical facility, if substantiated by a licensed 90 physician’s opinion that the violation exacerbated the child’s 91 injuries or resulted in the child’s death. 92 (n) Violates s. 316.6135, resulting in the death of a child 93 or the injury of a child. 94 Section 2. Paragraphs (j), (k), and (l) are added to 95 subsection (4) of section 39.303, Florida Statutes, to read: 96 39.303 Child Protection Teams and sexual abuse treatment 97 programs; services; eligible cases.— 98 (4) The child abuse, abandonment, and neglect reports that 99 must be referred by the department to Child Protection Teams of 100 the Department of Health for an assessment and other appropriate 101 available support services as set forth in subsection (3) must 102 include cases involving: 103 (j) A child who was not properly restrained in a motor 104 vehicle pursuant to s. 316.613 or s. 316.614 and the improper 105 restraint exacerbated the child’s injuries or resulted in the 106 child’s death. 107 (k) A child who was left unattended or unsupervised in a 108 motor vehicle pursuant to s. 316.6135 and such action resulted 109 in an injury to the child or in the child’s death. 110 (l) Reports from emergency room physicians. 111 Section 3. This act shall take effect July 1, 2020.