Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 42
       
       
       
       
       
       
                                Ì269364@Î269364                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2026           .                                
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       The Appropriations Committee on Health and Human Services
       (Sharief) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (2), paragraph (a)
    6  of subsection (5), paragraph (a) of subsection (9), and
    7  paragraph (c) of subsection (14) of section 39.301, Florida
    8  Statutes, are amended to read:
    9         39.301 Initiation of protective investigations.—
   10         (2)(a) The department shall immediately forward allegations
   11  of criminal conduct to the municipal or county law enforcement
   12  agency of the municipality or county in which the alleged
   13  conduct has occurred. However, the department may delay
   14  forwarding allegations of criminal conduct to the appropriate
   15  law enforcement agency if the parent or legal custodian:
   16         1.Has alleged that the child has a preexisting medical
   17  diagnosis specified in s. 39.303(4); or
   18         2.Is requesting that the child have a medical examination
   19  under s. 39.304(1)(c).
   20  
   21  Allegations of criminal conduct which are not immediately
   22  forwarded to the law enforcement agency pursuant to subparagraph
   23  1. or subparagraph 2. must be immediately forwarded to the law
   24  enforcement agency upon completion of the investigation under
   25  this part if criminal conduct is still alleged.
   26         (5)(a) Upon commencing an investigation under this part,
   27  the child protective investigator shall inform any subject of
   28  the investigation of the following:
   29         1. The names of the investigators and identifying
   30  credentials from the department.
   31         2. The purpose of the investigation.
   32         3. The right to obtain his or her own attorney and ways
   33  that the information provided by the subject may be used.
   34         4. The possible outcomes and services of the department’s
   35  response.
   36         5. The right of the parent or legal custodian to be engaged
   37  to the fullest extent possible in determining the nature of the
   38  allegation and the nature of any identified problem and the
   39  remedy.
   40         6. The duty of the parent or legal custodian to report any
   41  change in the residence or location of the child to the
   42  investigator and that the duty to report continues until the
   43  investigation is closed.
   44         7.The duty of the parent or legal custodian to immediately
   45  report any preexisting medical diagnosis for the child specified
   46  in s. 39.303(4) and to provide the name and contact information
   47  of the practitioner who made such diagnosis or treated the child
   48  for the diagnosed condition to the department within 10 days
   49  after being informed of such duty.
   50         (9)(a) For each report received from the central abuse
   51  hotline and accepted for investigation, the department shall
   52  perform the following child protective investigation activities
   53  to determine child safety:
   54         1. Conduct a review of all relevant, available information
   55  specific to the child, family, and alleged maltreatment; family
   56  child welfare history; local, state, and federal criminal
   57  records checks; and requests for law enforcement assistance
   58  provided by the abuse hotline. Based on a review of available
   59  information, including the allegations in the current report, a
   60  determination must shall be made as to whether immediate
   61  consultation should occur with law enforcement, the Child
   62  Protection Team, a domestic violence shelter or advocate, or a
   63  substance abuse or mental health professional. Such
   64  consultations should include discussion as to whether a joint
   65  response is necessary and feasible. A determination must shall
   66  be made as to whether the person making the report should be
   67  contacted before the face-to-face interviews with the child and
   68  family members.
   69         2. Conduct face-to-face interviews with the child; other
   70  siblings, if any; and the parents, legal custodians, or
   71  caregivers.
   72         3. Assess the child’s residence, including a determination
   73  of the composition of the family and household, including the
   74  name, address, date of birth, social security number, sex, and
   75  race of each child named in the report; any siblings or other
   76  children in the same household or in the care of the same
   77  adults; the parents, legal custodians, or caregivers; and any
   78  other adults in the same household.
   79         4. Determine whether there is any indication that any child
   80  in the family or household has been abused, abandoned, or
   81  neglected; the nature and extent of present or prior injuries,
   82  abuse, or neglect, and any evidence thereof; and a determination
   83  as to the person or persons apparently responsible for the
   84  abuse, abandonment, or neglect, including the name, address,
   85  date of birth, social security number, sex, and race of each
   86  such person.
   87         5. Complete assessment of immediate child safety for each
   88  child based on available records, interviews, and observations
   89  with all persons named in subparagraph 2. and appropriate
   90  collateral contacts, which may include other professionals, and
   91  continually assess the child’s safety throughout the
   92  investigation. The department’s child protection investigators
   93  are hereby designated a criminal justice agency for the purpose
   94  of accessing criminal justice information to be used for
   95  enforcing this state’s laws concerning the crimes of child
   96  abuse, abandonment, and neglect. This information must shall be
   97  used solely for purposes supporting the detection, apprehension,
   98  prosecution, pretrial release, posttrial release, or
   99  rehabilitation of criminal offenders or persons accused of the
  100  crimes of child abuse, abandonment, or neglect and may not be
  101  further disseminated or used for any other purpose.
  102         6. For a child with a preexisting condition listed in s.
  103  39.303(4), as reported by the parent or legal custodian, request
  104  the relevant medical records from a licensed health care
  105  professional who diagnosed or treated the child for that
  106  condition.
  107         7. Document the present and impending dangers to each child
  108  based on the identification of inadequate protective capacity
  109  through utilization of a standardized safety assessment
  110  instrument. If present or impending danger is identified, the
  111  child protective investigator must implement a safety plan or
  112  take the child into custody. If present danger is identified and
  113  the child is not removed, the child protective investigator must
  114  shall create and implement a safety plan before leaving the home
  115  or the location where there is present danger. If impending
  116  danger is identified, the child protective investigator must
  117  shall create and implement a safety plan as soon as necessary to
  118  protect the safety of the child. The child protective
  119  investigator may modify the safety plan if he or she identifies
  120  additional impending danger.
  121         a. If the child protective investigator implements a safety
  122  plan, the plan must be specific, sufficient, feasible, and
  123  sustainable in response to the realities of the present or
  124  impending danger. A safety plan may be an in-home plan or an
  125  out-of-home plan, or a combination of both. A safety plan may
  126  include tasks or responsibilities for a parent, caregiver, or
  127  legal custodian. However, a safety plan may not rely on
  128  promissory commitments by the parent, caregiver, or legal
  129  custodian who is currently not able to protect the child or on
  130  services that are not available or will not result in the safety
  131  of the child. A safety plan may not be implemented if for any
  132  reason the parents, guardian, or legal custodian lacks the
  133  capacity or ability to comply with the plan. If the department
  134  is not able to develop a plan that is specific, sufficient,
  135  feasible, and sustainable, the department must shall file a
  136  shelter petition. A child protective investigator must shall
  137  implement separate safety plans for the perpetrator of domestic
  138  violence, if the investigator, using reasonable efforts, can
  139  locate the perpetrator to implement a safety plan, and for the
  140  parent who is a victim of domestic violence as defined in s.
  141  741.28. Reasonable efforts to locate a perpetrator include, but
  142  are not limited to, a diligent search pursuant to the same
  143  requirements as in s. 39.503. If the perpetrator of domestic
  144  violence is not the parent, guardian, or legal custodian of any
  145  child in the home and if the department does not intend to file
  146  a shelter petition or dependency petition that will assert
  147  allegations against the perpetrator as a parent of a child in
  148  the home, the child protective investigator must shall seek
  149  issuance of an injunction authorized by s. 39.504 to implement a
  150  safety plan for the perpetrator and impose any other conditions
  151  to protect the child. The safety plan for the parent who is a
  152  victim of domestic violence may not be shared with the
  153  perpetrator. If any party to a safety plan fails to comply with
  154  the safety plan resulting in the child being unsafe, the
  155  department must shall file a shelter petition.
  156         b. The child protective investigator shall collaborate with
  157  the community-based care lead agency in the development of the
  158  safety plan as necessary to ensure that the safety plan is
  159  specific, sufficient, feasible, and sustainable. The child
  160  protective investigator shall identify services necessary for
  161  the successful implementation of the safety plan. The child
  162  protective investigator and the community-based care lead agency
  163  shall mobilize service resources to assist all parties in
  164  complying with the safety plan. The community-based care lead
  165  agency shall prioritize safety plan services to families who
  166  have multiple risk factors, including, but not limited to, two
  167  or more of the following:
  168         (I) The parent or legal custodian is of young age;
  169         (II) The parent or legal custodian, or an adult currently
  170  living in or frequently visiting the home, has a history of
  171  substance abuse, mental illness, or domestic violence;
  172         (III) The parent or legal custodian, or an adult currently
  173  living in or frequently visiting the home, has been previously
  174  found to have physically or sexually abused a child;
  175         (IV) The parent or legal custodian, or an adult currently
  176  living in or frequently visiting the home, has been the subject
  177  of multiple allegations by reputable reports of abuse or
  178  neglect;
  179         (V) The child is physically or developmentally disabled; or
  180         (VI) The child is 3 years of age or younger.
  181         c. The child protective investigator shall monitor the
  182  implementation of the plan to ensure the child’s safety until
  183  the case is transferred to the lead agency at which time the
  184  lead agency shall monitor the implementation.
  185         d. The department may file a petition for shelter or
  186  dependency without a new child protective investigation or the
  187  concurrence of the child protective investigator if the child is
  188  unsafe but for the use of a safety plan and the parent or
  189  caregiver has not sufficiently increased protective capacities
  190  within 90 days after the transfer of the safety plan to the lead
  191  agency.
  192         (14)
  193         (c) The department, in consultation with the judiciary,
  194  shall adopt by rule:
  195         1. Criteria that are factors requiring that the department
  196  take the child into custody, petition the court as provided in
  197  this chapter, or, if the child is not taken into custody or a
  198  petition is not filed with the court, conduct an administrative
  199  review. Such factors must include, but are not limited to,
  200  noncompliance with a safety plan or the case plan developed by
  201  the department, and the family under this chapter, and prior
  202  abuse reports with findings that involve the child, the child’s
  203  sibling, or the child’s caregiver.
  204         2. Requirements that if after an administrative review the
  205  department determines not to take the child into custody or
  206  petition the court, the department shall document the reason for
  207  its decision in writing and include it in the investigative
  208  file. For all cases that were accepted by the local law
  209  enforcement agency for criminal investigation pursuant to
  210  subsection (2), the department shall must include in the file
  211  written documentation that the administrative review included
  212  input from law enforcement. In addition, for all cases that must
  213  be referred to Child Protection Teams pursuant to s. 39.303(5)
  214  and (6) s. 39.303(4) and (5), the file must include written
  215  documentation that the administrative review included the
  216  results of the team’s evaluation.
  217         Section 2. Present subsections (4) through (10) of section
  218  39.303, Florida Statutes, are redesignated as subsections (5)
  219  through (11), respectively, a new subsection (4) is added to
  220  that section, and present subsections (5) and (6) of that
  221  section are amended, to read:
  222         39.303 Child Protection Teams and sexual abuse treatment
  223  programs; services; eligible cases.—
  224         (4)When evaluating a child with a reported preexisting
  225  medical diagnosis of any of the following conditions, a Child
  226  Protection Team shall consult with a physician licensed under
  227  chapter 458 or chapter 459 or an advanced practice registered
  228  nurse licensed under chapter 464 who has experience treating
  229  children with such condition:
  230         (a)Rickets.
  231         (b)Ehlers-Danlos syndrome.
  232         (c)Osteogenesis imperfecta.
  233         (d)Vitamin D deficiency.
  234         (6)(5) All abuse and neglect cases transmitted for
  235  investigation to a circuit by the hotline must be simultaneously
  236  transmitted to the Child Protection Team for review. For the
  237  purpose of determining whether a face-to-face medical evaluation
  238  by a Child Protection Team is necessary, all cases transmitted
  239  to the Child Protection Team which meet the criteria in
  240  subsection (5) (4) must be timely reviewed by:
  241         (a) A physician licensed under chapter 458 or chapter 459
  242  who holds board certification in pediatrics and is a member of a
  243  Child Protection Team;
  244         (b) A physician licensed under chapter 458 or chapter 459
  245  who holds board certification in a specialty other than
  246  pediatrics, who may complete the review only when working under
  247  the direction of the Child Protection Team medical director or a
  248  physician licensed under chapter 458 or chapter 459 who holds
  249  board certification in pediatrics and is a member of a Child
  250  Protection Team;
  251         (c) An advanced practice registered nurse licensed under
  252  chapter 464 who has a specialty in pediatrics or family medicine
  253  and is a member of a Child Protection Team;
  254         (d) A physician assistant licensed under chapter 458 or
  255  chapter 459, who may complete the review only when working under
  256  the supervision of the Child Protection Team medical director or
  257  a physician licensed under chapter 458 or chapter 459 who holds
  258  board certification in pediatrics and is a member of a Child
  259  Protection Team; or
  260         (e) A registered nurse licensed under chapter 464, who may
  261  complete the review only when working under the direct
  262  supervision of the Child Protection Team medical director or a
  263  physician licensed under chapter 458 or chapter 459 who holds
  264  board certification in pediatrics and is a member of a Child
  265  Protection Team.
  266         (7)(6) A face-to-face medical evaluation by a Child
  267  Protection Team is not necessary when:
  268         (a) The child was examined for the alleged abuse or neglect
  269  by a physician who is not a member of the Child Protection Team,
  270  and a consultation between the Child Protection Team medical
  271  director or a Child Protection Team board-certified
  272  pediatrician, advanced practice registered nurse, physician
  273  assistant working under the supervision of a Child Protection
  274  Team medical director or a Child Protection Team board-certified
  275  pediatrician, or registered nurse working under the direct
  276  supervision of a Child Protection Team medical director or a
  277  Child Protection Team board-certified pediatrician, and the
  278  examining physician concludes that a further medical evaluation
  279  is unnecessary;
  280         (b) The child protective investigator, with supervisory
  281  approval, has determined, after conducting a child safety
  282  assessment, that there are no indications of injuries as
  283  described in paragraphs (5)(a)-(h) (4)(a)-(h) as reported; or
  284         (c) The Child Protection Team medical director or a Child
  285  Protection Team board-certified pediatrician, as authorized in
  286  subsection (6) (5), determines that a medical evaluation is not
  287  required.
  288  
  289  Notwithstanding paragraphs (a), (b), and (c), a Child Protection
  290  Team medical director or a Child Protection Team pediatrician,
  291  as authorized in subsection (6) (5), may determine that a face
  292  to-face medical evaluation is necessary.
  293         Section 3. Paragraphs (c), (d), and (e) are added to
  294  subsection (1) of section 39.304, Florida Statutes, to read:
  295         39.304 Photographs, medical examinations, X rays, and
  296  medical treatment of abused, abandoned, or neglected child.—
  297         (1) 
  298         (c)If a medical examination is performed on a child under
  299  paragraph (b), other than an examination for purposes of
  300  determining whether a child has been sexually abused, the parent
  301  or legal custodian of the child who is the subject of a
  302  protective investigation or shelter order may request of the
  303  department, no later than 10 days after such medical
  304  examination, that the child be examined by:
  305         1.A Child Protection Team if the medical examination under
  306  paragraph (b) was not performed by a Child Protection Team;
  307         2.A physician licensed under chapter 458 or chapter 459 or
  308  an advanced practice registered nurse licensed under chapter 464
  309  of the parent’s or legal custodian’s choosing who routinely
  310  provides medical care to pediatric patients, if the medical
  311  examination pursuant to paragraph (b) was performed by a Child
  312  Protection Team, for the purpose of obtaining a second opinion
  313  on diagnosis or treatment; or
  314         3.A physician licensed under chapter 458 or chapter 459 or
  315  an advanced practice registered nurse licensed under chapter 464
  316  of the parent’s or legal custodian’s choosing who routinely
  317  provides diagnosis of and medical care to pediatric patients for
  318  the conditions specified in s. 39.303(4) to consider a
  319  differential diagnosis.
  320  
  321  The cost of a medical examination under subparagraph 2. or
  322  subparagraph 3. must be borne by the parent or legal custodian,
  323  including through his or her health care coverage, if
  324  applicable.
  325         (d)Notwithstanding s. 39.202(6), for all medical
  326  examinations performed pursuant to paragraph (c), the physician
  327  or advanced practice registered nurse must submit within 10 days
  328  after the medical examination a written report that details the
  329  findings and conclusions of the medical examination to the
  330  department and the parent or legal custodian.
  331         (e)If the findings and conclusions of the medical
  332  examination conducted under paragraph (b) and the medical
  333  examination conducted under paragraph (c) differ, the department
  334  must immediately convene a case staffing to reach a consensus
  335  regarding the differences in the medical opinions. The case
  336  staffing must include the child protective investigator, the
  337  investigator’s supervisor, legal staff of the department,
  338  representatives from a Child Protection Team, and the community
  339  based care lead agency. If possible, the case staffing must also
  340  include any health care practitioners who previously treated the
  341  child, any health care practitioners who are currently treating
  342  the child, and the physician or advanced practice registered
  343  nurse who conducted the medical examination under paragraph (c).
  344         Section 4. Paragraph (a) of subsection (7) of section
  345  456.057, Florida Statutes, is amended to read:
  346         456.057 Ownership and control of patient records; report or
  347  copies of records to be furnished; disclosure of information.—
  348         (7)(a) Except as otherwise provided in this section and in
  349  s. 440.13(4)(c), such records may not be furnished to, and the
  350  medical condition of a patient may not be discussed with, any
  351  person other than the patient, the patient’s legal
  352  representative, or other health care practitioners and providers
  353  involved in the patient’s care or treatment, except upon written
  354  authorization from the patient. However, such records may be
  355  furnished without written authorization under the following
  356  circumstances:
  357         1. To any person, firm, or corporation that has procured or
  358  furnished such care or treatment with the patient’s consent.
  359         2. When compulsory physical examination is made pursuant to
  360  Rule 1.360, Florida Rules of Civil Procedure, in which case
  361  copies of the medical records shall be furnished to both the
  362  defendant and the plaintiff.
  363         3. In any civil or criminal action, unless otherwise
  364  prohibited by law, upon the issuance of a subpoena from a court
  365  of competent jurisdiction and proper notice to the patient or
  366  the patient’s legal representative by the party seeking such
  367  records.
  368         4. For statistical and scientific research, provided the
  369  information is abstracted in such a way as to protect the
  370  identity of the patient or provided written permission is
  371  received from the patient or the patient’s legal representative.
  372         5. To a regional poison control center for purposes of
  373  treating a poison episode under evaluation, case management of
  374  poison cases, or compliance with data collection and reporting
  375  requirements of s. 395.1027 and the professional organization
  376  that certifies poison control centers in accordance with federal
  377  law.
  378         6. To the Department of Children and Families, its agent,
  379  or its contracted entity, for the purpose of investigations of
  380  or services for cases of abuse, neglect, or exploitation of
  381  children or vulnerable adults. Records requested by the
  382  department pursuant to s. 39.301(9)(a) must be furnished within
  383  14 days after the request.
  384         Section 5. This act shall take effect July 1, 2026.
  385  
  386  ================= T I T L E  A M E N D M E N T ================
  387  And the title is amended as follows:
  388         Delete everything before the enacting clause
  389  and insert:
  390                        A bill to be entitled                      
  391         An act relating to specific medical diagnoses in child
  392         protective investigations; amending s. 39.301, F.S.;
  393         providing an exception to the requirement that the
  394         Department of Children and Families immediately
  395         forward certain allegations to a law enforcement
  396         agency; requiring that such allegations be immediately
  397         forwarded to a law enforcement agency upon completion
  398         of the department’s investigation under certain
  399         circumstances; requiring a child protective
  400         investigator to inform the subject of an investigation
  401         of a certain duty; requiring the department to request
  402         relevant medical records from a licensed health care
  403         professional for certain children who are the subject
  404         of a central abuse hotline report; conforming a cross
  405         reference; amending s. 39.303, F.S.; requiring Child
  406         Protection Teams to consult with a licensed physician
  407         or advanced practice registered nurse with specified
  408         pediatric experience when evaluating certain reports;
  409         amending s. 39.304, F.S.; authorizing a parent or
  410         legal custodian of a child who is the subject of
  411         certain orders to request specified medical
  412         examinations of the child within a specified
  413         timeframe; requiring that such medical examinations be
  414         paid for by the parent or legal custodian making the
  415         request or as otherwise covered by insurance;
  416         requiring the physician or advanced practice
  417         registered nurse who performed certain medical
  418         examinations to submit a written report to the
  419         department and certain persons within a specified
  420         timeframe; requiring the department to immediately
  421         convene a case staffing with specified persons under
  422         certain circumstances; amending s. 456.057, F.S.;
  423         requiring that certain patient records be furnished to
  424         the Department of Children and Families or its agent
  425         or contracted entity within a specified timeframe;
  426         providing an effective date.