HB 1467

1	A bill to be entitled
2	An act relating to access to confidential records of
3	children; creating s. 39.00145, F.S.; requiring that the
4	case file of a child under the supervision or in the
5	custody of the Department of Children and Family Services
6	be maintained in a complete and accurate manner;
7	specifying who has access to the case file and records in
8	the file; authorizing the court to directly release the
9	child's records to certain entities; providing that
10	entities that have access to confidential information
11	about a child may share it with other entities that
12	provide services benefiting children; amending s. 39.202,
13	F.S.; clarifying who has access to a child's records and
14	who may bring an action to require access to confidential
15	records held by the department; amending s. 39.2021, F.S.;
16	expanding the authority of the Department of Children and
17	Family Services to release records relating to children on
18	its own initiative upon a showing of good cause; requiring
19	notice to certain parties before release; providing for a
20	court order to stop the release; creating s. 63.038, F.S.;
21	requiring the adoption entity to provide certain
22	information relating to a child to prospective adoptive
23	parents; amending s. 402.115, F.S.; adding the Department
24	of Juvenile Justice to the list of agencies that are
25	authorized to exchange confidential information; amending
26	s. 415.107, F.S.; clarifying who may bring an action to
27	require access to confidential records held by the
28	Department of Children and Family Services; amending s.
29	415.1071, F.S.; expanding the authority of the department
30	to release records relating to vulnerable adults on its
31	own initiative upon a showing of good cause; requiring
32	notice to certain parties before release; providing for a
33	court order to stop the release; providing an effective
34	date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 39.00145, Florida Statutes, is created
39	to read:
40	39.00145  Child records.--
41	(1)  The case file of every child under the supervision of
42	or in the custody of the department, the department's authorized
43	agents, or contract providers for the department, including
44	community-based care lead agencies and their subcontracted
45	providers, must be maintained in a complete and accurate manner,
46	including, but not limited to, the child's case plan required by
47	part VIII of this chapter, and the full name and street address
48	of any and all shelters, foster parents, group homes, treatment
49	facilities, or locations where the child is placed. The child
50	shall be provided with a complete and accurate copy of his or
51	her entire case file, at no cost, upon the request of the child
52	or the child's caregiver, guardian ad litem, or attorney on
53	behalf of the child.
54	(2)  Notwithstanding any other provision in this chapter,
55	the records in the case file shall be made available for review
56	upon request of the child or the child's caregiver, guardian ad
57	litem, or attorney, at no cost. A request by the child's
58	attorney or guardian ad litem must be submitted in writing.
59	(a)  Release of records in the case file to the child, or
60	the child's caregiver, guardian ad litem, or attorney, does not
61	waive the confidential status of the information contained in
62	the records.
63	(b)  If a child, or the child's caregiver, attorney, or
64	guardian ad litem, requests access to the child's case file, any
65	person who fails to provide records in the case file under
66	assertion of a claim of an exemption from the public-records
67	requirements of chapter 119, or who fails to provide access
68	within a reasonable time, is subject to sanctions and penalties
69	under s. 119.10.
70	(3)  If a court determines that sharing information in the
71	child's case file is necessary to ensure access to appropriate
72	services or for the safety of the child, the court may approve
73	the direct release of records to the Department of Juvenile
74	Justice or its contractors under chapter 984 or chapter 985, to
75	the child's school, or to the child's physical health care,
76	mental health care, or developmental disabilities provider.
77	Information so released retains its confidential or exempt
78	status. For purposes of the Family Educational Rights and
79	Privacy Act, the disclosure of information in health and safety
80	emergencies applies to a child placed in shelter care or found
81	to be dependent under this chapter.
82	(4)  Notwithstanding any other provision of law, all state
83	and local agencies and programs that provide services that
84	benefit children, from prenatal care to programs supporting
85	successful transition to self-sufficient adulthood, including
86	the department, the Department of Juvenile Justice, the
87	Department of Health, the Agency for Health Care Administration,
88	the Agency for Persons with Disabilities, the Department of
89	Education, individual school districts, the Statewide Guardian
90	Ad Litem program, the Office of Child Abuse Prevention, and any
91	contract provider of such agencies providing services that
92	benefit children for such agencies, may share with each other
93	confidential information or information that is exempt from
94	disclosure under chapter 119 and that concerns any individual
95	who is or has been the recipient of services within the
96	jurisdiction of each agency or program. The department is
97	considered a parent for the purpose of receiving and sharing
98	education records. Confidential or exempt information shared
99	among agencies and agency contractors, as agents for the state,
100	remains confidential or exempt as provided by law.
101	Section 2.  Subsection (1) and paragraph (a) of subsection
102	(2) of section 39.202, Florida Statutes, are amended, paragraph
103	(r) is added to subsection (2) of that section, and subsection
104	(9) is added to that section, to read:
105	39.202  Confidentiality of reports and records in cases of
106	child abuse or neglect.--
107	(1)  In order to protect the rights of the child and the
108	child's parents or other persons responsible for the child's
109	welfare, all records held by the department concerning reports
110	of child abandonment, abuse, or neglect, including reports made
111	to the central abuse hotline and all records generated as a
112	result of such reports, shall be confidential and exempt from
113	the provisions of s. 119.07(1) and shall not be disclosed except
114	as specifically authorized by this chapter. Such exemption from
115	s. 119.07(1) applies to information in the possession of those
116	entities granted access as set forth in this section. As
117	provided in s. 39.00145, any entity granted access to records
118	under this section shall grant access to any other entity or
119	individual entitled to access under this section.
120	(2)  Except as provided in subsection (4), access to such
121	records, excluding the name of the reporter which shall be
122	released only as provided in subsection (5), shall be granted
123	only to the following persons, officials, and agencies:
124	(a)  Employees, authorized agents, or contract providers of
125	the department, including community-based care lead agencies and
126	their subcontracted providers, the Department of Health, the
127	Agency for Persons with Disabilities, or county agencies
128	responsible for carrying out:
129	1.  Child or adult protective investigations;
130	2.  Ongoing child or adult protective services;
131	3.  Early intervention and prevention services;
132	4.  Healthy Start services;
133	5.  Licensure or approval of adoptive homes, foster homes,
134	child care facilities, facilities licensed under chapter 393, or
135	family day care homes or informal child care providers who
136	receive subsidized child care funding, or other homes used to
137	provide for the care and welfare of children; or
138	6.  Services for victims of domestic violence when provided
139	by certified domestic violence centers working at the
140	department's request as case consultants or with shared clients.
141
142	Also, employees or agents of the Department of Juvenile Justice
143	responsible for the provision of services to children, pursuant
144	to chapters 984 and 985.
145	(r)  Persons with whom placement of a child is being
146	considered or has been granted.
147	(9)  Any individual, agency, or other entity entitled to
148	access records under this section may petition a circuit court,
149	in accordance with s. 119.11, to enforce the provisions of this
150	section.
151	Section 3.  Section 39.2021, Florida Statutes, is amended
152	to read:
153	39.2021  Release of confidential information.--
154	(1)  Any person or organization, including the department
155	of Children and Family Services, may petition the court for an
156	order making public the records of the department of Children
157	and Family Services which pertain to an investigation
158	investigations of alleged abuse, abandonment, or neglect of a
159	child. The court shall determine whether there is good cause
160	exists for public access to the records sought or a portion
161	thereof.
162	(a)  In making a this determination of good cause, the
163	court shall balance the best interests of the child who is the
164	focus of the investigation and the interest of the that child's
165	siblings, together with the privacy rights of other persons
166	identified in the reports, against the public interest. The
167	public interest in access to such records is reflected in s.
168	119.01(1), and includes the need for the public citizens to know
169	of and adequately evaluate the actions of the department of
170	Children and Family Services and the court system in providing
171	children of this state with the protections enumerated in s.
172	39.001. However, this subsection does not contravene s. 39.202,
173	which protects the name of any person reporting the abuse,
174	abandonment, or neglect of a child.
175	(2)  In cases involving serious bodily injury to a child,
176	the Department of Children and Family Services may petition the
177	court for an order for the immediate public release of records
178	of the department which pertain to the protective investigation.
179	The petition must be personally served upon the child, the
180	child's parent or guardian, and any person named as an alleged
181	perpetrator in the report of abuse, abandonment, or neglect. The
182	court must determine whether good cause exists for the public
183	release of the records sought no later than 24 hours, excluding
184	Saturdays, Sundays, and legal holidays, after the date the
185	department filed the petition with the court. If the court does
186	not grant or deny the petition within the 24-hour time period,
187	the department may release to the public summary information
188	including:
189	(a)  A confirmation that an investigation has been
190	conducted concerning the alleged victim.
191	(b)  The dates and brief description of procedural
192	activities undertaken during the department's investigation.
193	(c)  The date of each judicial proceeding, a summary of
194	each participant's recommendations made at the judicial
195	proceeding, and the ruling of the court.
196
197	The summary information shall not include the name of, or other
198	identifying information with respect to, any person identified
199	in any investigation. In making a determination to release
200	confidential information, the court shall balance the best
201	interests of the child who is the focus of the investigation and
202	the interests of that child's siblings, together with the
203	privacy rights of other persons identified in the reports
204	against the public interest for access to public records.
205	However, this subsection does not contravene s. 39.202, which
206	protects the name of any person reporting abuse, abandonment, or
207	neglect of a child.
208	(b)(3)  If When the court determines that there is good
209	cause for public access exists, the court shall direct that the
210	department to redact the name of, and other identifying
211	information with respect to, any person identified in the any
212	protective investigation report until such time as the court
213	finds that there is probable cause to believe that the person
214	identified committed an act of alleged abuse, abandonment, or
215	neglect.
216	(2)  Notwithstanding subsection (1), the department may
217	make public the records of the department, or any information
218	included in such records, which pertain to investigations of
219	abuse, abandonment, or neglect of a child which resulted in
220	serious mental, emotional, or physical injury to the child, if
221	the secretary determines that release of the records is in the
222	public interest. The public interest in access to such records
223	is reflected in s. 119.01(1), and includes the need for the
224	public to know of and adequately evaluate the actions of the
225	department and the court system in providing children with the
226	protections enumerated in s. 39.001. However, this subsection
227	does not contravene s. 39.202, which protects the name of any
228	person reporting the abuse, abandonment, or neglect of a child.
229	(a)  Before releasing the records, the department shall
230	make a good faith effort to notify the child, the child's
231	caregiver, the child's attorney, the guardian ad litem assigned
232	to the case, any person named as an alleged perpetrator in the
233	report of abuse, abandonment, or neglect, and any law
234	enforcement agency actively involved in investigating the
235	alleged abuse, abandonment, or neglect. Such notification must
236	take place at least 72 hours before the release of the records,
237	by hand or via overnight delivery service, with evidence of
238	delivery.
239	(b)  After receiving notice, the child, the child's
240	caregiver, the child's attorney, the guardian ad litem assigned
241	to the case, any person named as an alleged perpetrator in the
242	report, and any law enforcement agency actively investigating an
243	allegation may petition a circuit court for an order preventing
244	the department from releasing the records.
245	(c)  The circuit court may order the department not to
246	release the records only after finding that the best interests
247	of the petitioner outweigh the public interest. Any information
248	otherwise made confidential or exempt by law, including the name
249	of the person reporting the abuse, abandonment, or neglect, may
250	not be released pursuant to this subsection.
251	Section 4.  Section 63.038, Florida Statutes, is created to
252	read:
253	63.038  Access to child's records.--At the time that a
254	prospective adoptive parent is identified for a born or unborn
255	child whose parents are seeking to place the child for adoption
256	or whose parental rights were terminated pursuant to chapter 39,
257	the prospective adoptive parent is entitled to access to the
258	child's records upon request.
259	(1)  The following information shall, at a minimum and if
260	available to the adoption entity, be provided to the prospective
261	adoptive parent:
262	(a)  The family social and medical history form completed
263	pursuant to s. 63.082(3).
264	(b)  The biological mother's medical records documenting
265	her prenatal care and the birth and delivery of the child.
266	(c)  A complete set of the child's medical records
267	documenting all medical treatment and care since the child's
268	birth.
269	(d)  All mental health, psychological, and psychiatric
270	records, reports, and evaluations concerning the child.
271	(e)  The child's educational records, which include all
272	records relating to any special educational needs of the child.
273	(f)  Records documenting all incidents that require the
274	department to provide services to the child, including all
275	orders of adjudication of dependency or termination of parental
276	rights issued pursuant to chapter 39, any case plans drafted to
277	address the child's needs, all protective services
278	investigations identifying the child as a victim, and all
279	guardian ad litem reports filed with the court concerning the
280	child.
281	(g)  Written information relating to the availability of
282	adoption subsidies for the child.
283	(2)  In all cases, the prospective adoptive parent shall
284	receive all available information requested by the date that the
285	final hearing on the adoption is noticed with the court.
286	(3)  When providing information pursuant to this section,
287	the adoption entity responsible for the record shall redact any
288	identifying information concerning the child; the child's
289	parents, siblings, and relatives; and perpetrators of crimes
290	against the child or involving the child.
291	(4)  Disclosure under this section does not waive the
292	confidential status of the information contained in the records.
293	Section 5.  Section 402.115, Florida Statutes, is amended
294	to read:
295	402.115  Sharing confidential or exempt
296	information.--Notwithstanding any other provision of law to the
297	contrary, the Department of Health, the Department of Children
298	and Family Services, the Department of Juvenile Justice, and the
299	Agency for Persons with Disabilities may share confidential
300	information or information exempt from disclosure under chapter
301	119 on any individual who is or has been the subject of a
302	program within the jurisdiction of each agency. Information so
303	exchanged remains confidential or exempt as provided by law.
304	Section 6.  Present subsections (6), (7), and (8) of
305	section 415.107, Florida Statutes, are renumbered as subsections
306	(7), (8), and (9), respectively, and a new subsection (6) is
307	added to that section, to read:
308	415.107  Confidentiality of reports and records.--
309	(6)  Any individual, agency, or other entity entitled to
310	access records under this section may petition a circuit court,
311	in accordance with s. 119.11, to enforce the provisions of this
312	section.
313	Section 7.  Section 415.1071, Florida Statutes, is amended
314	to read:
315	415.1071  Release of confidential information.--
316	(1)  Any person or organization, including the department
317	of Children and Family Services, may petition the court for an
318	order making public the records of the department of Children
319	and Family Services which pertain to an investigation
320	investigations of alleged abuse, neglect, or exploitation of a
321	vulnerable adult. The court shall determine whether there is
322	good cause exists for public access to the records sought or a
323	portion thereof.
324	(a)  In making a this determination of good cause, the
325	court shall balance the best interests of the vulnerable adult
326	who is the focus of the investigation together with the privacy
327	right of other persons identified in the reports, against the
328	public interest. The public interest in access to such records
329	is reflected in s. 119.01(1), and includes the need for the
330	public citizens to know of and adequately evaluate the actions
331	of the department of Children and Family Services and the court
332	system in providing vulnerable adults of this state with the
333	protections enumerated in s. 415.101. However, this subsection
334	does not contravene s. 415.107, which protects the name of any
335	person reporting the abuse, neglect, or exploitation of a
336	vulnerable adult.
337	(2)  In cases involving serious bodily injury to a
338	vulnerable adult, the Department of Children and Family Services
339	may petition the court for an order for the immediate public
340	release of records of the department which pertain to the
341	protective investigation. The petition must be personally served
342	upon the vulnerable adult, the vulnerable adult's legal
343	guardian, if any, and any person named as an alleged perpetrator
344	in the report of abuse, neglect, or exploitation. The court must
345	determine whether good cause exists for the public release of
346	the records sought no later than 24 hours, excluding Saturdays,
347	Sundays, and legal holidays, after the date the department filed
348	the petition with the court. If the court does not grant or deny
349	the petition within the 24-hour time period, the department may
350	release to the public summary information including:
351	(a)  A confirmation that an investigation has been
352	conducted concerning the alleged victim.
353	(b)  The dates and brief description of procedural
354	activities undertaken during the department's investigation.
355	(c)  The date of each judicial proceeding, a summary of
356	each participant's recommendations made at the judicial
357	proceeding, and the ruling of the court.
358
359	The summary information shall not include the name of, or other
360	identifying information with respect to, any person identified
361	in any investigation. In making a determination to release
362	confidential information, the court shall balance the best
363	interests of the vulnerable adult who is the focus of the
364	investigation together with the privacy rights of other persons
365	identified in the reports against the public interest for access
366	to public records. However, this subsection does not contravene
367	s. 415.107, which protects the name of any person reporting
368	abuse, neglect, or exploitation of a vulnerable adult.
369	(b)(3)  If When the court determines that there is good
370	cause for public access exists, the court shall direct that the
371	department to redact the name of and other identifying
372	information with respect to any person identified in the any
373	protective investigation report until such time as the court
374	finds that there is probable cause to believe that the person
375	identified committed an act of alleged abuse, neglect, or
376	exploitation.
377	(2)  Notwithstanding subsection (1), the department may
378	make public records of the department which pertain to
379	investigations of alleged abuse, neglect, and exploitation of a
380	vulnerable adult which resulted in serious mental, emotional, or
381	physical injury to the adult if the secretary determines that
382	release of the records is in the public interest. The public
383	interest in access to such records is reflected in s. 119.01(1),
384	and includes the need for the public to know of and adequately
385	evaluate the actions of the department and the court system in
386	providing vulnerable adults of this state with the protections
387	enumerated in s. 415.101. However, this subsection does not
388	contravene s. 415.107, which protects the name of any person
389	reporting the abuse, neglect, or exploitation of a vulnerable
390	adult.
391	(a)  Before releasing the records, the department shall
392	make a good faith effort to notify the vulnerable adult, the
393	vulnerable adult's legal guardian, if any, any person named as
394	an alleged perpetrator in the report of abuse, neglect, or
395	exploitation, and any law enforcement agency actively involved
396	in investigating the alleged abuse, neglect, or exploitation.
397	Such notification must take place at least 72 hours before the
398	release of the records, by hand or via overnight delivery
399	service, with evidence of delivery.
400	(b)  After receiving notice, the vulnerable adult, the
401	vulnerable adult's legal guardian, any person named as an
402	alleged perpetrator in the report, or any law enforcement agency
403	actively investigating an allegation may petition a circuit
404	court for an order preventing the department from releasing the
405	records.
406	(c)  The circuit court may order the department not to
407	release the records only after finding that the best interests
408	of the petitioner outweigh the public interest. Any information
409	otherwise made confidential or exempt by law, including the name
410	of the person reporting the abuse, neglect, or exploitation, may
411	not be released pursuant to this subsection.
412	Section 8.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.