Bill Text: FL S1722 | 2024 | Regular Session | Introduced

Bill Title: Child Protective Investigations

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Children, Families, and Elder Affairs [S1722 Detail]

Download: Florida-2024-S1722-Introduced.html
       Florida Senate - 2024                                    SB 1722
       By Senator Grall
       29-01004-24                                           20241722__
    1                        A bill to be entitled                      
    2         An act relating to child protective investigations;
    3         amending s. 39.01, F.S.; revising the definition of
    4         the term “abuse”; amending s. 39.301, F.S.;
    5         prohibiting the initiation of a child protective
    6         investigation or removal of a child from his or her
    7         residence solely based on a parent’s religious beliefs
    8         or ideology; revising the information that child
    9         protective investigators must give to the subject of
   10         an investigation; requiring the investigator to submit
   11         a written summary to the subject of the investigation
   12         confirming certain information; providing an effective
   13         date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsection (2) of section 39.01, Florida
   18  Statutes, is amended to read:
   19         39.01 Definitions.—When used in this chapter, unless the
   20  context otherwise requires:
   21         (2) “Abuse” means any willful act or threatened act that
   22  results in any physical, mental, or sexual abuse, injury, or
   23  harm that causes or is likely to cause the child’s physical,
   24  mental, or emotional health to be significantly impaired. Abuse
   25  of a child includes the birth of a new child into a family
   26  during the course of an open dependency case when the parent or
   27  caregiver has been determined to lack the protective capacity to
   28  safely care for the children in the home and has not
   29  substantially complied with the case plan towards successful
   30  reunification or met the conditions for return of the children
   31  into the home. Abuse of a child includes acts or omissions.
   32  Corporal discipline of a child by a parent or legal custodian
   33  for disciplinary purposes does not in itself constitute abuse
   34  when it does not result in harm to the child. Referring to and
   35  raising a child in a manner consistent with the child’s
   36  biological sex, including related mental health or medical
   37  decisions, does not in itself constitute abuse.
   38         Section 2. Paragraph (a) of subsection (5) of section
   39  39.301, Florida Statutes, is amended, and paragraph (c) is added
   40  to subsection (1) and paragraph (c) is added to subsection (5)
   41  of that section, to read:
   42         39.301 Initiation of protective investigations.—
   43         (1)
   44         (c) A child protective investigation may not be initiated,
   45  and a determination that a child be removed from his or her
   46  residence may not be made, solely on the basis of a parent’s
   47  religious or ideological beliefs.
   48         (5)(a) Upon commencing an investigation under this part,
   49  the child protective investigator shall inform any subject of
   50  the investigation of the following:
   51         1. The names of the investigators and identifying
   52  credentials from the department.
   53         2. The purpose of the investigation.
   54         3. The right to obtain his or her own attorney and ways
   55  that the information provided by the subject may be used.
   56         4. The possible outcomes and services of the department’s
   57  response.
   58         5. The right of the parent or legal custodian to be engaged
   59  to the fullest extent possible in determining the nature of the
   60  allegation and the nature of any identified problem and the
   61  remedy.
   62         6. The duty of the parent or legal custodian to report any
   63  change in the residence or location of the child to the
   64  investigator and that the duty to report continues until the
   65  investigation is closed.
   66         7.The rights guaranteed by the Fourth Amendment to the
   67  United States Constitution and other rights, including:
   68         a.The right against self-incrimination.
   69         b.The right to have a court-appointed attorney if the
   70  person is indigent.
   71         c.The right to refuse to allow the investigator to enter
   72  the home or interview the child without legal counsel present.
   73         d.The right to withhold consent to the release of any
   74  medical or mental health records.
   75         e.The right to withhold consent to any medical or
   76  psychological examination of the child.
   77         f.The right to refuse to submit to a drug or urine test.
   78         g.The right to consult with legal counsel before agreeing
   79  to any proposed voluntary safety plan.
   80         8.The department’s procedures for conducting an
   81  investigation of alleged child abuse, abandonment, or neglect.
   82         9.A description of the circumstances under which the
   83  department would request to remove the child from the home.
   84         10.The department’s duty to refer all reports of alleged
   85  child abuse, abandonment, or neglect to a law enforcement agency
   86  for a separate determination of whether a criminal violation
   87  occurred.
   88         11.The right to file a complaint with the department or to
   89  review of the findings made by the department in the
   90  investigation.
   91         12.The statutory and regulatory provisions governing
   92  investigations of alleged child abuse, abandonment, or neglect
   93  and how to obtain that information.
   94         13.The status of the person who reported the alleged child
   95  abuse, abandonment, or neglect as known or anonymous.
   96         (c)The investigator shall submit a written summary to the
   97  subject of the investigation to confirm that the subject has
   98  received and understood all the information provided to them by
   99  the investigator as required pursuant to paragraph (a).
  100         Section 3. This act shall take effect July 1, 2024.