CS/HB 1439

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 release the child's
9	records to certain entities; providing that entities that
10	have access to confidential and exempt records about a
11	child may share it with other entities that provide
12	services benefiting children; amending s. 39.202, F.S.;
13	specifying who has access to a child's records; amending
14	s. 39.2021, F.S.; making editorial changes; amending s.
15	402.115, F.S.; adding the Department of Juvenile Justice
16	to the list of agencies that are authorized to exchange
17	confidential or exempt information; amending s. 415.1071,
18	F.S.; making editorial changes; providing an effective
19	date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 39.00145, Florida Statutes, is created
24	to read:
25	39.00145  Child records.--
26	(1)  The case file of every child under the supervision of
27	or in the custody of the department or its authorized agents or
28	contract providers, including community-based care lead agencies
29	and their subcontracted providers, must be maintained in a
30	complete and accurate manner. "Complete and accurate manner"
31	includes, but is not limited to, inclusion within the case file
32	of the child's case plan required by part VIII of this chapter
33	and the full name and street address of all shelters, foster
34	parents, group homes, treatment facilities, or locations where
35	the child is placed.
36	(2)(a)  Notwithstanding any other provision in this
37	chapter, the records in the case file shall be made available
38	for inspection upon request of the child or the child's
39	caregiver, guardian ad litem, or attorney, at no cost. A request
40	by the child's attorney must be submitted in writing.
41	(b)  The child shall be provided with a complete and
42	accurate copy of his or her entire case file, at no cost, upon
43	the request of the child or the child's caregiver, guardian ad
44	litem, or attorney on behalf of the child.
45	(c)  Release of records in the case file to the child or
46	the child's caregiver, guardian ad litem, or attorney does not
47	waive the confidential and exempt status of the records.
48	(3)  If a court determines that sharing information in the
49	child's case file is necessary to ensure the child receives
50	access to appropriate services or for the safety of the child,
51	the court may approve the release of the confidential and exempt
52	records.
53	(4)  For purposes of the Family Educational Rights and
54	Privacy Act, the disclosure of information in health and safety
55	emergencies applies to a child placed in shelter care or found
56	to be dependent under this chapter.
57	(5)(a)  Notwithstanding any other provision of law, all
58	state and local agencies and programs that provide services to
59	children or are responsible for the safety of the child,
60	including the department, the Department of Juvenile Justice,
61	the Department of Health, the Agency for Health Care
62	Administration, the Agency for Persons with Disabilities, the
63	Department of Education, individual school districts, the
64	Statewide Guardian Ad Litem Office, and any contract provider of
65	such agencies, may share with each other confidential and exempt
66	records if the records are reasonably necessary to ensure access
67	by the child to appropriate services or for the safety of the
68	child.
69	(b)  This subsection does not apply to information
70	concerning clients and records of certified domestic violence
71	centers which are confidential under s. 39.908 and privileged
72	under s. 90.5036.
73	Section 2.  Paragraph (a) of subsection (2) of section
74	39.202, Florida Statutes, is amended, and paragraph (r) is added
75	to that subsection, to read:
76	39.202  Confidentiality of reports and records in cases of
77	child abuse or neglect.--
78	(2)  Except as provided in subsection (4), access to such
79	records, excluding the name of the reporter which shall be
80	released only as provided in subsection (5), shall be granted
81	only to the following persons, officials, and agencies:
82	(a)  Employees, authorized agents, or contract providers of
83	the department, including community-based care lead agencies and
84	their subcontracted providers, the Department of Health, the
85	Agency for Persons with Disabilities, or county agencies
86	responsible for carrying out:
87	1.  Child or adult protective investigations;
88	2.  Ongoing child or adult protective services;
89	3.  Early intervention and prevention services;
90	4.  Healthy Start services;
91	5.  Licensure or approval of adoptive homes, foster homes,
92	child care facilities, facilities licensed under chapter 393, or
93	family day care homes or informal child care providers who
94	receive subsidized child care funding, or other homes used to
95	provide for the care and welfare of children; or
96	6.  Services for victims of domestic violence when provided
97	by certified domestic violence centers working at the
98	department's request as case consultants or with shared clients.
99
100	Also, employees or agents of the Department of Juvenile Justice
101	responsible for the provision of services to children, pursuant
102	to chapters 984 and 985.
103	(r)  Persons with whom placement of a child is being
104	actively considered or has been granted, including a foster
105	parent upon whom an approved home study has been conducted, the
106	designee of a licensed residential group home pursuant to s.
107	39.523, an approved relative or nonrelative placement pursuant
108	to s. 39.402(4), a preadoptive parent upon whom a favorable
109	preliminary adoptive home study has been conducted, an adoptive
110	parent, or an adoption entity acting on behalf of the child, a
111	preadoptive parent, or an adoptive parent.
112	Section 3.  Section 39.2021, Florida Statutes, is amended
113	to read:
114	39.2021  Release of confidential information.--
115	(1)(a)  Any person or organization, including the
116	department of Children and Family Services, may petition the
117	court for an order making public the records of the department
118	of Children and Family Services which pertain to an
119	investigation investigations of alleged abuse, abandonment, or
120	neglect of a child. The court shall determine whether there is
121	good cause exists for public access to the records sought or a
122	portion thereof.
123	(b)  In making a this determination of good cause, the
124	court shall balance the best interests of the child who is the
125	focus of the investigation and the interest of the that child's
126	siblings, together with the privacy rights of other persons
127	identified in the reports, against the public interest. The
128	public interest in access to such records is reflected in s.
129	119.01(1), and includes the need for the public citizens to know
130	of and adequately evaluate the actions of the department of
131	Children and Family Services and the court system in providing
132	children of this state with the protections enumerated in s.
133	39.001. However, this subsection does not contravene s. 39.202,
134	which protects the name of any person reporting the abuse,
135	abandonment, or neglect of a child.
136	(2)(a)  In cases involving serious bodily injury to a
137	child, the department of Children and Family Services may
138	petition the court for an order for the immediate public release
139	of records of the department which pertain to the protective
140	investigation. The petition must be personally served upon the
141	child, the child's parent or guardian, and any person named as
142	an alleged perpetrator in the report of abuse, abandonment, or
143	neglect. The court must determine whether good cause exists for
144	the public release of the records sought no later than 24 hours,
145	excluding Saturdays, Sundays, and legal holidays, after the date
146	the department filed the petition with the court. If the court
147	does not grant or deny the petition within the 24-hour time
148	period, the department may release to the public summary
149	information including:
150	1.(a)  A confirmation that an investigation has been
151	conducted concerning the alleged victim.
152	2.(b)  The dates and brief description of procedural
153	activities undertaken during the department's investigation.
154	3.(c)  The date of each judicial proceeding, a summary of
155	each participant's recommendations made at the judicial
156	proceeding, and the ruling of the court.
157	(b)  The summary information shall not include the name of,
158	or other identifying information with respect to, any person
159	identified in any investigation. In making a determination to
160	release confidential information, the court shall balance the
161	best interests of the child who is the focus of the
162	investigation and the interests of that child's siblings,
163	together with the privacy rights of other persons identified in
164	the reports against the public interest for access to public
165	records. However, this subsection does not contravene s. 39.202,
166	which protects the name of any person reporting abuse,
167	abandonment, or neglect of a child.
168	(3)  If When the court determines that there is good cause
169	for public access exists, the court shall direct that the
170	department to redact the name of, and other identifying
171	information with respect to, any person identified in the any
172	protective investigation report until such time as the court
173	finds that there is probable cause to believe that the person
174	identified committed an act of alleged abuse, abandonment, or
175	neglect.
176	Section 4.  Section 402.115, Florida Statutes, is amended
177	to read:
178	402.115  Sharing confidential or exempt
179	information.--Notwithstanding any other provision of law to the
180	contrary, the Department of Health, the Department of Children
181	and Family Services, the Department of Juvenile Justice, and the
182	Agency for Persons with Disabilities may share confidential
183	information or information exempt from disclosure under chapter
184	119 on any individual who is or has been the subject of a
185	program within the jurisdiction of each agency. Information so
186	exchanged remains confidential or exempt as provided by law.
187	Section 5.  Section 415.1071, Florida Statutes, is amended
188	to read:
189	415.1071  Release of confidential information.--
190	(1)(a)  Any person or organization, including the
191	department of Children and Family Services, may petition the
192	court for an order making public the records of the department
193	of Children and Family Services which pertain to an
194	investigation investigations of alleged abuse, neglect, or
195	exploitation of a vulnerable adult. The court shall determine
196	whether there is good cause exists for public access to the
197	records sought or a portion thereof.
198	(b)  In making a this determination of good cause, the
199	court shall balance the best interests of the vulnerable adult
200	who is the focus of the investigation together with the privacy
201	right of other persons identified in the reports, against the
202	public interest. The public interest in access to such records
203	is reflected in s. 119.01(1), and includes the need for the
204	public citizens to know of and adequately evaluate the actions
205	of the department of Children and Family Services and the court
206	system in providing vulnerable adults of this state with the
207	protections enumerated in s. 415.101. However, this subsection
208	does not contravene s. 415.107, which protects the name of any
209	person reporting the abuse, neglect, or exploitation of a
210	vulnerable adult.
211	(2)(a)  In cases involving serious bodily injury to a
212	vulnerable adult, the department of Children and Family Services
213	may petition the court for an order for the immediate public
214	release of records of the department which pertain to the
215	protective investigation. The petition must be personally served
216	upon the vulnerable adult, the vulnerable adult's legal
217	guardian, if any, and any person named as an alleged perpetrator
218	in the report of abuse, neglect, or exploitation. The court must
219	determine whether good cause exists for the public release of
220	the records sought no later than 24 hours, excluding Saturdays,
221	Sundays, and legal holidays, after the date the department filed
222	the petition with the court. If the court does not grant or deny
223	the petition within the 24-hour time period, the department may
224	release to the public summary information including:
225	1.(a)  A confirmation that an investigation has been
226	conducted concerning the alleged victim.
227	2.(b)  The dates and brief description of procedural
228	activities undertaken during the department's investigation.
229	3.(c)  The date of each judicial proceeding, a summary of
230	each participant's recommendations made at the judicial
231	proceeding, and the ruling of the court.
232	(b)  The summary information shall not include the name of,
233	or other identifying information with respect to, any person
234	identified in any investigation. In making a determination to
235	release confidential information, the court shall balance the
236	best interests of the vulnerable adult who is the focus of the
237	investigation together with the privacy rights of other persons
238	identified in the reports against the public interest for access
239	to public records. However, this subsection does not contravene
240	s. 415.107, which protects the name of any person reporting
241	abuse, neglect, or exploitation of a vulnerable adult.
242	(3)  If When the court determines that there is good cause
243	for public access exists, the court shall direct that the
244	department to redact the name of and other identifying
245	information with respect to any person identified in the any
246	protective investigation report until such time as the court
247	finds that there is probable cause to believe that the person
248	identified committed an act of alleged abuse, neglect, or
249	exploitation.
250	Section 6.  This act shall take effect July 1, 2009.

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