Senate Bill sb1672

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    Florida Senate - 2004                                  SB 1672

    By the Committee on Children and Families





    300-1233A-04

  1                      A bill to be entitled

  2         An act relating to child protective

  3         investigations; amending s. 39.302, F.S.;

  4         requiring that the Department of Juvenile

  5         Justice rather than the Department of Children

  6         and Family Services investigate certain

  7         allegations of child abuse, neglect, and

  8         abandonment; providing an exception; deleting a

  9         requirement that the Department of Children and

10         Family Services notify the state attorney of a

11         report of institutional child abuse;

12         authorizing a law enforcement agency and a

13         licensing or oversight agency conducting a

14         joint investigation to have access to

15         information of the Department of Children and

16         Family Services to the extent allowed by law;

17         requiring that the department inform the

18         facility of a report of child abuse; requiring

19         that the child's parent or legal custodian be

20         notified of the report; providing for an

21         on-site visit to the child's place of

22         residence; requiring the agency with oversight

23         responsibility of a facility to implement

24         identified safety actions under certain

25         circumstances; authorizing the Department of

26         Children and Family Services to recommend

27         corrective actions; deleting a requirement that

28         the department assist a facility in maintaining

29         its operation under certain circumstances;

30         requiring that the department notify the state

31         attorney or a law enforcement agency of

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    Florida Senate - 2004                                  SB 1672
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 1         criminal conduct; requiring that criminal

 2         investigations be coordinated with child

 3         protective investigations when possible;

 4         deleting requirements that the department

 5         provide a specialized team to investigate child

 6         abuse, neglect, or abandonment; requiring the

 7         department to adopt procedures for child

 8         protective investigations by rule; requiring

 9         the Department of Juvenile Justice to adopt

10         policies for protecting youth from abuse and

11         for responding to child protective

12         investigations; requiring the Department of

13         Children and Family Services and the Department

14         of Juvenile Justice to develop and enter into

15         an interagency agreement; requiring the

16         Department of Children and Family Services to

17         adopt minimum hiring and training requirements

18         by rule; requiring the Department of Children

19         and Family Services to report to the Governor

20         and the Legislature on its implementation of

21         the recommendations of an interim project and

22         the recommendations of the Protective

23         Investigator Retention Workgroup; providing an

24         effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 39.302, Florida Statutes, is

29  amended to read:

30         39.302  Protective investigations of institutional

31  child abuse, abandonment, or neglect.--

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    Florida Senate - 2004                                  SB 1672
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 1         (1)  The department shall conduct a child protective

 2  investigation of each report of institutional child abuse,

 3  abandonment, or neglect.  Upon receipt of a report that

 4  alleges that an employee or agent of the department, or any

 5  other entity or person covered by s. 39.01(31) or (47), acting

 6  in an official capacity, has committed an act of child abuse,

 7  abandonment, or neglect, the department shall initiate a child

 8  protective investigation within the timeframe established by

 9  the central abuse hotline pursuant to s. 39.201(5).

10         (a)  Notwithstanding any other provision in this

11  section or s. 39.301 and notwithstanding the definitions of

12  abuse, abandonment, or neglect in s. 39.01, the department may

13  not initiate a child protective investigation in response to a

14  report of neglect pertaining to the deprivation of food,

15  shelter, or clothing of a child or pertaining to the child's

16  environment and causing impairment if the neglect is alleged

17  to have been committed by an employee of a facility of the

18  Department of Juvenile Justice. The Department of Juvenile

19  Justice shall review and respond internally to any such

20  report. However, the department retains the authority to

21  conduct an investigation if the reported neglect seriously

22  threatens the immediate safety or well-being of the child.

23         (b)  Upon initiation of the child protective

24  investigation, the department shall and orally notify the

25  appropriate state attorney, law enforcement agency, and

26  licensing or oversight agency of the allegation of child

27  abuse, abandonment, or neglect.  These agencies shall

28  immediately conduct A joint investigation shall be conducted,

29  unless independent investigations are more feasible. When

30  conducting a joint investigation, these agencies shall be

31  entitled to full access to the information gathered by the

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    Florida Senate - 2004                                  SB 1672
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 1  department in the course of the investigation, as allowed by

 2  law.

 3         (c)  The department shall inform the owner or operator

 4  of the facility of the report. When conducting investigations

 5  onsite or having face-to-face interviews with the child, such

 6  investigation visits shall be unannounced unless it is

 7  determined by the department or its agent that such

 8  unannounced visits would threaten the safety of the child. The

 9  department shall the child's parent or legal custodian of the

10  allegation within 48 hours after commencement of the

11  investigation. If determined necessary or if there is a need

12  for further services, an on-site visit to the child's place of

13  residence shall be conducted as part of the protective

14  investigation. When a facility is exempt from licensing, the

15  department shall inform the owner or operator of the facility

16  of the report.  Each agency conducting a joint investigation

17  shall be entitled to full access to the information gathered

18  by the department in the course of the investigation. A

19  protective investigation must include an onsite visit of the

20  child's place of residence. In all cases, the department shall

21  make a full written report to the state attorney within 3

22  working days after making the oral report. A criminal

23  investigation shall be coordinated, whenever possible, with

24  the child protective investigation of the department. Any

25  interested person who has information regarding the offenses

26  described in this subsection may forward a statement to the

27  state attorney as to whether prosecution is warranted and

28  appropriate. Within 15 days after the completion of the

29  investigation, the state attorney shall report the findings to

30  the department and shall include in such report a

31  

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    Florida Senate - 2004                                  SB 1672
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 1  determination of whether or not prosecution is justified and

 2  appropriate in view of the circumstances of the specific case.

 3         (2)(a)  If in the course of the child protective

 4  investigation, the department finds that a subject of a

 5  report, by continued contact with children in care,

 6  constitutes a threatened harm to the physical health, mental

 7  health, or welfare of the child continues to exist, the agency

 8  or department responsible for the ongoing regulation or

 9  oversight of the particular facility shall ensure that the

10  facility immediately implements the actions identified by the

11  department in order to respond to the immediate safety

12  concern. Such actions may include, but are not limited to,

13  restricting children, the department may restrict a subject's

14  access to the child children pending the outcome of the

15  investigation. The agency or department responsible for the

16  ongoing regulation or oversight of the facility shall ensure

17  that the facility continues the implemented action pending the

18  outcome of the investigation. The department or its agent

19  shall employ the least restrictive means necessary to

20  safeguard the physical health, mental health, and welfare of

21  the children in care.  This authority applies shall apply only

22  to a child protective investigation investigations in which

23  there is some evidence that child abuse, abandonment, or

24  neglect has occurred and must be authorized by the protective

25  investigative supervisor. A subject of a report whose access

26  to the child children in care has been restricted and a

27  facility that is required to implement an action to respond to

28  the immediate safety concern pursuant to this subsection are

29  is entitled to petition the circuit court for judicial review.

30  The court shall enter written findings of fact based upon the

31  preponderance of evidence that child abuse, abandonment, or

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    Florida Senate - 2004                                  SB 1672
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 1  neglect did occur and that the department's restrictive action

 2  against a subject of the report was justified in order to

 3  safeguard the physical health, mental health, and welfare of

 4  the child children in care.  The restrictive action of the

 5  department shall be effective for no more than 90 days without

 6  a judicial finding supporting the actions of the department.

 7         (b)  Upon completion of the department's child

 8  protective investigation, the department may recommend

 9  corrective action to the facility, and to the agency or

10  department with ongoing regulation or oversight, in order to

11  prevent further abusive acts. The department may also make

12  application to the circuit court for continued restrictive

13  action against any person necessary to safeguard the physical

14  health, mental health, and welfare of the children in care.

15         (3)  Pursuant to the restrictive actions described in

16  subsection (2), in cases of institutional abuse, abandonment,

17  or neglect in which the removal of a subject of a report will

18  result in the closure of the facility, and when requested by

19  the owner of the facility, the department may provide

20  appropriate personnel to assist in maintaining the operation

21  of the facility. The department may provide assistance when it

22  can be demonstrated by the owner that there are no reasonable

23  alternatives to such action. The length of the assistance

24  shall be agreed upon by the owner and the department; however,

25  the assistance shall not be for longer than the course of the

26  restrictive action imposed pursuant to subsection (2).  The

27  owner shall reimburse the department for the assistance of

28  personnel provided.

29         (3)(4)  The department shall notify the Florida local

30  advocacy council in the appropriate district of the department

31  as to every report of institutional child abuse, abandonment,

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    Florida Senate - 2004                                  SB 1672
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 1  or neglect in the district in which a client of the department

 2  is alleged or shown to have been abused, abandoned, or

 3  neglected, which notification shall be made within 48 hours

 4  after the department commences its investigation.

 5         (4)(5)  The department shall notify the state attorney

 6  and the appropriate law enforcement agency of any case of

 7  other child abuse, abandonment, or neglect case in which

 8  criminal conduct is suspected or for any other reason, a

 9  criminal investigation is deemed appropriate by the

10  department. A criminal investigation shall be coordinated,

11  whenever possible, with the child protective investigation of

12  the department.

13         (6)  In cases of institutional child abuse,

14  abandonment, or neglect in which the multiplicity of reports

15  of abuse, abandonment, or neglect or the severity of the

16  allegations indicates the need for specialized investigation

17  by the department in order to afford greater safeguards for

18  the physical health, mental health, and welfare of the

19  children in care, the department shall provide a team of

20  persons specially trained in the areas of child abuse,

21  abandonment, and neglect investigations, diagnosis, and

22  treatment to assist the local office of the department in

23  expediting its investigation and in making recommendations for

24  restrictive actions and to assist in other ways deemed

25  necessary by the department in order to carry out the

26  provisions of this section. The specially trained team shall

27  also provide assistance to any investigation of the

28  allegations by local law enforcement and the Department of Law

29  Enforcement.

30         (5)  The department shall adopt by rule procedures for

31  child protective investigations within each type of facility

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    Florida Senate - 2004                                  SB 1672
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 1  subject to this section. The rule must include, but need not

 2  be limited to, procedures for the conduct of investigations

 3  within the facilities; the use of child safety assessments

 4  that are specific to each broad category of institution; the

 5  sharing of information among and collaboration between the

 6  department, the facilities, and the licensing or oversight

 7  agencies; and the implementation of this section.

 8         Section 2.  The Department of Juvenile Justice shall

 9  develop and adopt as part of the Florida Department of

10  Juvenile Justice Policy and Procedures for Detention Centers

11  and Residential Facilities procedures for protecting the youth

12  from abuse and responding to child protective investigations.

13  The procedures must include, but need not be limited to,

14  procedures for:

15         (1)  Responding to reports of neglect pursuant to

16  section 39.302(1)(a), Florida Statutes;

17         (2)  Communicating and collaborating with the

18  Department of Children and Family Services;

19         (3)  Responding to the immediate safety concerns of the

20  Department of Children and Family Services or a sheriff's

21  child protection office during an investigation;

22         (4)  Providing for medical staff of the facility to

23  examine youth alleging abuse;

24         (5)  Identifying options for corrective action which

25  may be recommended by the Department of Children and Family

26  Services or a sheriff's child protection office;

27         (6)  Implementing corrective action; and

28         (7)  Incorporating into the required minimum grievance

29  procedures the right of youth to be protected from personal

30  abuse.

31  

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    Florida Senate - 2004                                  SB 1672
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 1         Section 3.  The Department of Children and Family

 2  Services and the Department of Juvenile Justice shall develop

 3  an interagency agreement regarding conducting and responding

 4  to child protective investigations in facilities of the

 5  Department of Juvenile Justice. The agreement shall be

 6  executed by the Secretary of Children and Family Services and

 7  the Secretary of Juvenile Justice by November 30, 2004, and

 8  must address:

 9         (1)  The communication that will occur between the

10  departments at the onset, during the course of, and upon

11  completion of a child protective investigation;

12         (2)  A definition of what level of harm constitutes the

13  need for a response to immediate safety concerns and

14  corrective action by a facility;

15         (3)  The expectation for actions to be taken in

16  response to immediate safety concerns, for corrective actions

17  by a facility, and for review by the management of the

18  Department of Juvenile Justice concerning the implementation

19  of such actions;

20         (4)  A defined system of review by the management of

21  the Department of Juvenile Justice of neglect allegations that

22  will be investigated by the Department of Juvenile Justice;

23         (5)  A schedule for quarterly meetings between the

24  Department of Children and Family Services and the Department

25  of Juvenile Justice;

26         (6)  A process for resolving disagreements between the

27  Department of Juvenile Justice and the Department of Children

28  and Family Services relative to responses to immediate safety

29  concerns and corrective actions; and

30         (7)  A process for collaboration in the development and

31  delivery of training for protective investigators who

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    Florida Senate - 2004                                  SB 1672
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 1  investigate child abuse and neglect within facilities of the

 2  Department of Juvenile Justice.

 3         Section 4.  The Department of Children and Family

 4  Services shall develop and adopt by rule minimum requirements

 5  for hiring and training child protective staff. The rules

 6  shall provide minimum requirements for:

 7         (1)  Education and experience for child protective

 8  investigators and child protective investigative supervisors,

 9  as recommended in the Protective Investigator Retention

10  Workgroup report dated December 31, 2003, and for screening

11  and hiring, including, but not limited to, exposure to the job

12  functions prior to actual employment, thorough background

13  checks, use of an effective characteristic-based screening

14  tool, and involvement of the supervisor in the selection

15  decision; and

16         (2)  Training processes, which must include, but need

17  not be limited to, requirements for preservice training and

18  certification, requirements for local-service-area-specific

19  training that incorporates a strong on-the-job training

20  component and requires a protected caseload for newly hired

21  employees, and the provision of specialty or advanced

22  training, including training in the investigation of

23  institutional child abuse.

24         Section 5.  The Department of Children and Family

25  Services shall submit a report by December 31, 2004, to the

26  Governor, the President of the Senate, and the Speaker of the

27  House of Representatives regarding the implementation of the

28  recommendations of Interim Project Report 2004-113 and the

29  Protective Investigator Retention Workgroup Report dated

30  December 31, 2003.  Specifically, this report must contain:

31  

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 1         (1)  A full program design, as a pilot project, for an

 2  alternative response system in Florida which is based, to the

 3  extent possible, on the model recommended in the Protective

 4  Investigator Retention Workgroup Report, including detailed

 5  requirements of the multiple elements involved in the proposed

 6  system, the expectations of each of the entities, possible

 7  sites for the pilot project, and an evaluation component. This

 8  alternative response system shall provide for different levels

 9  of investigative activities, including a streamlined track, a

10  family assessment track, and a traditional investigative

11  track. The program design shall be developed in collaboration

12  with all potential stakeholders, including, but not limited

13  to, district protective investigative staff, the sheriffs'

14  offices conducting child protective investigations, and

15  community-based-care lead agencies.

16         (2)  The results of an examination of the information

17  needed by the court at each stage of a dependency case and

18  recommendations for any revisions to the information that is

19  required to be provided or for revisions in the timing of the

20  submission of such information to the court. This examination

21  and development of recommendations shall be conducted jointly

22  with the Steering Committee of Families and Children of the

23  Supreme Court.

24         (3)  The status of the implementation of the

25  recommendations regarding investigating child abuse in

26  facilities of the Department of Juvenile Justice, including

27  the interagency agreement developed between the Department of

28  Children and Family Services and the Department of Juvenile

29  Justice regarding conducting and responding to child

30  protective investigations in facilities of the Department of

31  

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    Florida Senate - 2004                                  SB 1672
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 1  Juvenile Justice. This portion of the report shall be

 2  developed jointly with the Department of Juvenile Justice.

 3         (4)  The status of the development of rules to

 4  institute minimum hiring and training requirements for child

 5  protective staff.

 6         (5)  The actions taken to implement the remaining

 7  recommendations of the Protective Investigative Retention

 8  Workgroup.

 9         Section 6.  This act shall take effect July 1, 2004.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Revises various procedures for conducting child
      protective investigations. Provides requirements for the
14    Department of Juvenile Justice and the Department of
      Children and Family Services. Requires that the state
15    attorney or a law enforcement agency be notified only in
      the case of criminal conduct. Provides for a law
16    enforcement agency and licensing agency conducting a
      joint investigation to have access to information of the
17    Department of Children and Family Services to the extent
      allowed by law. Requires the Department of Children and
18    Family Services to adopt by rule procedures for
      conducting child protective investigations and for hiring
19    and training staff members. Requires the Department of
      Juvenile Justice to adopt policies for protecting youth
20    from abuse and for responding to child protective
      investigations. Requires the Department of Children and
21    Family Services and the Department of Juvenile Justice to
      develop and enter into an interagency agreement. Requires
22    that the Department of Children and Family Services
      report to the Governor and the Legislature on its
23    implementation of certain recommendations. (See bill for
      details.)
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