The Florida Senate

39.403  Protective investigation.--

(1)  Protective investigation shall be performed by the department. A report or complaint alleging that a child is dependent as a result of child abuse or neglect as defined in s. 415.503 shall be made to the ¹central abuse registry and tracking system. Complaints alleging that a child is dependent on any basis other than as a result of child abuse or neglect as defined in s. 415.503 shall be made to the local children, youth, and families office of the department operating in the county in which the child is found or in which the case arose. Any person or agency having knowledge of the facts may make a report or complaint. The complainant shall furnish the protective investigation office or the appropriate service unit of the local children, youth, and families office of the department, whichever is appropriate, facts sufficient to establish the jurisdiction of the court and to support a finding by the court that the child is dependent.

(2)  The protective investigator shall make a preliminary determination as to whether the report or complaint is complete, consulting with the attorney for the department when necessary. In any case in which the protective investigator finds that the report or complaint is incomplete, the protective investigator shall return it without delay to the person or agency originating the report or complaint or having knowledge of the facts, or to the appropriate law enforcement agency having investigative jurisdiction, and request additional information in order to complete the report or complaint; however, the confidentiality of any report filed in accordance with ss. 415.502-415.514 shall not be violated.

(a)  If the protective investigator determines that the report or complaint is complete, he or she may, after determining that such action would be in the best interests of the child, request the attorney for the department to file a petition for dependency.

(b)  If the protective investigator determines that the report or complaint is complete, but that in his or her judgment the interest of the child and the public will be best served by providing the child care or other treatment voluntarily accepted by the child and the parents or legal custodians, the protective investigator may refer the child for such care or other treatment.

(c)  If the protective investigator refuses to request the attorney for the department to file a petition for dependency, the complainant shall be advised of the right to file a petition pursuant to this part.

History.--s. 20, ch. 78-414; s. 16, ch. 84-311; s. 6, ch. 87-133; s. 6, ch. 87-289; s. 13, ch. 88-337; s. 4, ch. 92-170; s. 227, ch. 95-147.

¹Note.--Section 43, ch. 95-228, replaced the references to the central abuse registry and tracking system in s. 415.503 with references to a central abuse hotline.