Florida Senate - 2015                                     SB 760
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00912A-15                                            2015760__
    1                        A bill to be entitled                      
    2         An act relating to child protection teams; amending s.
    3         39.303, F.S.; requiring the Statewide Medical Director
    4         for Child Protection and the district medical
    5         directors to hold certain qualifications; reenacting
    6         ss. 39.3031 and 391.026(2), F.S., to incorporate the
    7         amendment made by this act to s. 39.303, F.S., in
    8         references thereto; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 39.303, Florida Statutes, is amended to
   13  read:
   14         39.303 Child protection teams; services; eligible cases.
   15  The Children’s Medical Services Program in the Department of
   16  Health shall develop, maintain, and coordinate the services of
   17  one or more multidisciplinary child protection teams in each of
   18  the service districts of the Department of Children and
   19  Families. Such teams may be composed of appropriate
   20  representatives of school districts and appropriate health,
   21  mental health, social service, legal service, and law
   22  enforcement agencies. The Department of Health and the
   23  Department of Children and Families shall maintain an
   24  interagency agreement that establishes protocols for oversight
   25  and operations of child protection teams and sexual abuse
   26  treatment programs. The State Surgeon General and the Deputy
   27  Secretary for Children’s Medical Services, in consultation with
   28  the Secretary of Children and Families, shall maintain the
   29  responsibility for the screening, employment, and, if necessary,
   30  the termination of child protection team medical directors, at
   31  headquarters and in the 15 districts. The Statewide Medical
   32  Director for Child Protection at all times must be a physician
   33  licensed under chapter 458 or chapter 459 who is board certified
   34  in pediatrics with a subspecialty certification in child abuse
   35  from the American Board of Pediatrics. Each district medical
   36  director must be a physician licensed under chapter 458 or
   37  chapter 459 who is board certified in pediatrics and, within 2
   38  years after the date of his or her employment as district
   39  medical director, must obtain a subspecialty certification in
   40  child abuse from the American Board of Pediatrics or a
   41  certificate issued by the Deputy Secretary for Children’s
   42  Medical Services in recognition of demonstrated specialized
   43  competence in child abuse. Child protection team medical
   44  directors shall be responsible for oversight of the teams in the
   45  districts.
   46         (1) The Department of Health shall use and convene the
   47  teams to supplement the assessment and protective supervision
   48  activities of the family safety and preservation program of the
   49  Department of Children and Families. This section does not
   50  remove or reduce the duty and responsibility of any person to
   51  report pursuant to this chapter all suspected or actual cases of
   52  child abuse, abandonment, or neglect or sexual abuse of a child.
   53  The role of the teams shall be to support activities of the
   54  program and to provide services deemed by the teams to be
   55  necessary and appropriate to abused, abandoned, and neglected
   56  children upon referral. The specialized diagnostic assessment,
   57  evaluation, coordination, consultation, and other supportive
   58  services that a child protection team shall be capable of
   59  providing include, but are not limited to, the following:
   60         (a) Medical diagnosis and evaluation services, including
   61  provision or interpretation of X rays and laboratory tests, and
   62  related services, as needed, and documentation of related
   63  findings.
   64         (b) Telephone consultation services in emergencies and in
   65  other situations.
   66         (c) Medical evaluation related to abuse, abandonment, or
   67  neglect, as defined by policy or rule of the Department of
   68  Health.
   69         (d) Such psychological and psychiatric diagnosis and
   70  evaluation services for the child or the child’s parent or
   71  parents, legal custodian or custodians, or other caregivers, or
   72  any other individual involved in a child abuse, abandonment, or
   73  neglect case, as the team may determine to be needed.
   74         (e) Expert medical, psychological, and related professional
   75  testimony in court cases.
   76         (f) Case staffings to develop treatment plans for children
   77  whose cases have been referred to the team. A child protection
   78  team may provide consultation with respect to a child who is
   79  alleged or is shown to be abused, abandoned, or neglected, which
   80  consultation shall be provided at the request of a
   81  representative of the family safety and preservation program or
   82  at the request of any other professional involved with a child
   83  or the child’s parent or parents, legal custodian or custodians,
   84  or other caregivers. In every such child protection team case
   85  staffing, consultation, or staff activity involving a child, a
   86  family safety and preservation program representative shall
   87  attend and participate.
   88         (g) Case service coordination and assistance, including the
   89  location of services available from other public and private
   90  agencies in the community.
   91         (h) Such training services for program and other employees
   92  of the Department of Children and Families, employees of the
   93  Department of Health, and other medical professionals as is
   94  deemed appropriate to enable them to develop and maintain their
   95  professional skills and abilities in handling child abuse,
   96  abandonment, and neglect cases.
   97         (i) Educational and community awareness campaigns on child
   98  abuse, abandonment, and neglect in an effort to enable citizens
   99  more successfully to prevent, identify, and treat child abuse,
  100  abandonment, and neglect in the community.
  101         (j) Child protection team assessments that include, as
  102  appropriate, medical evaluations, medical consultations, family
  103  psychosocial interviews, specialized clinical interviews, or
  104  forensic interviews.
  105  
  106  All medical personnel participating on a child protection team
  107  must successfully complete the required child protection team
  108  training curriculum as set forth in protocols determined by the
  109  Deputy Secretary for Children’s Medical Services and the
  110  Statewide Medical Director for Child Protection. A child
  111  protection team that is evaluating a report of medical neglect
  112  and assessing the health care needs of a medically complex child
  113  shall consult with a physician who has experience in treating
  114  children with the same condition.
  115         (2) The child abuse, abandonment, and neglect reports that
  116  must be referred by the department to child protection teams of
  117  the Department of Health for an assessment and other appropriate
  118  available support services as set forth in subsection (1) must
  119  include cases involving:
  120         (a) Injuries to the head, bruises to the neck or head,
  121  burns, or fractures in a child of any age.
  122         (b) Bruises anywhere on a child 5 years of age or under.
  123         (c) Any report alleging sexual abuse of a child.
  124         (d) Any sexually transmitted disease in a prepubescent
  125  child.
  126         (e) Reported malnutrition of a child and failure of a child
  127  to thrive.
  128         (f) Reported medical neglect of a child.
  129         (g) Any family in which one or more children have been
  130  pronounced dead on arrival at a hospital or other health care
  131  facility, or have been injured and later died, as a result of
  132  suspected abuse, abandonment, or neglect, when any sibling or
  133  other child remains in the home.
  134         (h) Symptoms of serious emotional problems in a child when
  135  emotional or other abuse, abandonment, or neglect is suspected.
  136         (3) All abuse and neglect cases transmitted for
  137  investigation to a district by the hotline must be
  138  simultaneously transmitted to the Department of Health child
  139  protection team for review. For the purpose of determining
  140  whether face-to-face medical evaluation by a child protection
  141  team is necessary, all cases transmitted to the child protection
  142  team which meet the criteria in subsection (2) must be timely
  143  reviewed by:
  144         (a) A physician licensed under chapter 458 or chapter 459
  145  who holds board certification in pediatrics and is a member of a
  146  child protection team;
  147         (b) A physician licensed under chapter 458 or chapter 459
  148  who holds board certification in a specialty other than
  149  pediatrics, who may complete the review only when working under
  150  the direction of a physician licensed under chapter 458 or
  151  chapter 459 who holds board certification in pediatrics and is a
  152  member of a child protection team;
  153         (c) An advanced registered nurse practitioner licensed
  154  under chapter 464 who has a specialty in pediatrics or family
  155  medicine and is a member of a child protection team;
  156         (d) A physician assistant licensed under chapter 458 or
  157  chapter 459, who may complete the review only when working under
  158  the supervision of a physician licensed under chapter 458 or
  159  chapter 459 who holds board certification in pediatrics and is a
  160  member of a child protection team; or
  161         (e) A registered nurse licensed under chapter 464, who may
  162  complete the review only when working under the direct
  163  supervision of a physician licensed under chapter 458 or chapter
  164  459 who holds certification in pediatrics and is a member of a
  165  child protection team.
  166         (4) A face-to-face medical evaluation by a child protection
  167  team is not necessary when:
  168         (a) The child was examined for the alleged abuse or neglect
  169  by a physician who is not a member of the child protection team,
  170  and a consultation between the child protection team board
  171  certified pediatrician, advanced registered nurse practitioner,
  172  physician assistant working under the supervision of a child
  173  protection team board-certified pediatrician, or registered
  174  nurse working under the direct supervision of a child protection
  175  team board-certified pediatrician, and the examining physician
  176  concludes that a further medical evaluation is unnecessary;
  177         (b) The child protective investigator, with supervisory
  178  approval, has determined, after conducting a child safety
  179  assessment, that there are no indications of injuries as
  180  described in paragraphs (2)(a)-(h) as reported; or
  181         (c) The child protection team board-certified pediatrician,
  182  as authorized in subsection (3), determines that a medical
  183  evaluation is not required.
  184  
  185  Notwithstanding paragraphs (a), (b), and (c), a child protection
  186  team pediatrician, as authorized in subsection (3), may
  187  determine that a face-to-face medical evaluation is necessary.
  188         (5) In all instances in which a child protection team is
  189  providing certain services to abused, abandoned, or neglected
  190  children, other offices and units of the Department of Health,
  191  and offices and units of the Department of Children and
  192  Families, shall avoid duplicating the provision of those
  193  services.
  194         (6) The Department of Health child protection team quality
  195  assurance program and the Family Safety Program Office of the
  196  Department of Children and Families shall collaborate to ensure
  197  referrals and responses to child abuse, abandonment, and neglect
  198  reports are appropriate. Each quality assurance program shall
  199  include a review of records in which there are no findings of
  200  abuse, abandonment, or neglect, and the findings of these
  201  reviews shall be included in each department’s quality assurance
  202  reports.
  203         Section 2. Section 39.3031 and subsection (2) of s.
  204  391.026, Florida Statutes, are reenacted for the purpose of
  205  incorporating the amendment made by this act to s. 39.303,
  206  Florida Statutes, in references thereto.
  207         Section 3. This act shall take effect July 1, 2015.