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.