Bill Text: FL S0128 | 2019 | Regular Session | Comm Sub

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Bill Title: Child Abuse

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2019-05-03 - Died in Infrastructure and Security, companion bill(s) passed, see CS/HB 7099 (Ch. 2019-142) [S0128 Detail]

Download: Florida-2019-S0128-Comm_Sub.html

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       Florida Senate - 2019                       CS for CS for SB 128
       
       
        
       By the Committees on Criminal Justice; and Children, Families,
       and Elder Affairs; and Senator Bean
       
       
       
       
       591-02651-19                                           2019128c2
    1                        A bill to be entitled                      
    2         An act relating to child abuse; amending s. 39.01,
    3         F.S.; expanding the list of incidents or injuries that
    4         constitute harm to a child’s health or welfare to
    5         include incidents or injuries resulting from
    6         violations of child restraint and seatbelt
    7         requirements; amending s. 39.201, F.S.; requiring the
    8         central abuse hotline to accept certain reports or
    9         calls for investigation for children who do not live
   10         in this state; requiring the Department of Children
   11         and Families to initiate an investigation when a
   12         report is received from an emergency room physician;
   13         amending s. 39.303, F.S.; expanding the types of
   14         reports that the department must refer to Child
   15         Protection Teams; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (m) is added to subsection (35) of
   20  section 39.01, Florida Statutes, to read:
   21         39.01 Definitions.—When used in this chapter, unless the
   22  context otherwise requires:
   23         (35) “Harm” to a child’s health or welfare can occur when
   24  any person:
   25         (m) Violates s. 316.613 or s. 316.614 resulting in the
   26  death of a child or the injury of a child which requires
   27  treatment at a hospital emergency department or a trauma center,
   28  if substantiated by a licensed physician’s opinion that the
   29  violation exacerbated the child’s injuries or resulted in the
   30  child’s death.
   31         Section 2. Paragraph (d) of subsection (2) of section
   32  39.201, Florida Statutes, is amended, and paragraph (l) is added
   33  to that subsection, to read:
   34         39.201 Mandatory reports of child abuse, abandonment, or
   35  neglect; mandatory reports of death; central abuse hotline.—
   36         (2)
   37         (d) If the report is of an instance of known or suspected
   38  child abuse, abandonment, or neglect which that occurred out of
   39  state and the alleged perpetrator and the child alleged to be a
   40  victim live out of state, the central abuse hotline may shall
   41  not accept the report or call for investigation unless the child
   42  is currently being evaluated in a medical facility in this
   43  state.
   44         1. If the child is currently being evaluated in a medical
   45  facility in this state, the central abuse hotline shall accept
   46  the report or call for investigation and transfer the
   47  information on the report or call to the appropriate state or
   48  country.
   49         2. If the child is not currently being evaluated in a
   50  medical facility in this state, the central abuse hotline, but
   51  shall transfer the information on the report or call to the
   52  appropriate state or country.
   53         (l) The department shall initiate an investigation when a
   54  report from an emergency room physician is received.
   55         Section 3. Paragraphs (i) and (j) are added to subsection
   56  (4) of section 39.303, Florida Statutes, to read:
   57         39.303 Child Protection Teams and sexual abuse treatment
   58  programs; services; eligible cases.—
   59         (4) The child abuse, abandonment, and neglect reports that
   60  must be referred by the department to Child Protection Teams of
   61  the Department of Health for an assessment and other appropriate
   62  available support services as set forth in subsection (3) must
   63  include cases involving:
   64         (i) A child who does not live in this state who is
   65  currently being evaluated in a medical facility in this state.
   66         (j) A child who was not properly restrained in a motor
   67  vehicle pursuant to s. 316.613 or s. 316.614 and the improper
   68  restraint exacerbated the child’s injuries or resulted in the
   69  child’s death.
   70         Section 4. This act shall take effect July 1, 2019.