Title V, Judicial Branch

(1) DEFINITIONS.—As used in this section, the term:(a) “Children known to the department” means children who are found to be dependent or children in shelter care.(b) “Department” means the Department of Children and Families or a community-based care lead agency acting on behalf…

When used in this chapter, unless the context otherwise requires:(1) “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contri…

(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or…

The department shall adopt rules for the efficient and effective management of all programs, services, facilities, and functions necessary for implementing this chapter. Such rules may not conflict with the Florida Rules of Juvenile Procedure. All rules and policies must conform …

Pursuant to the requirements of s. 120.536, the department is specifically authorized to adopt, amend, and repeal administrative rules which implement or interpret law or policy, or describe the procedure and practice requirements necessary to implement this chapter, including, b…

(1) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in this chapter shall be conducted according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. Parents must be informed by the court of their right to counsel in dep…

(1) A circuit court may create an early childhood court program to serve the needs of infants and toddlers in dependency court. If a circuit court creates an early childhood court program, it may consider all of the following factors:(a) The court supporting the therapeutic needs…

(1)(a) The Legislature finds that:1. All children in proceedings under this chapter have important interests at stake, such as health, safety, and well-being and the need to obtain permanency.2. A dependent child who has certain special needs has a particular need for an attorney…

Upon the first appearance before the court, each party shall provide to the court a permanent mailing address and primary e-mail address. The court shall advise each party that these addresses will be used by the court and the petitioner for notice purposes unless and until the p…

(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations.(2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertainin…

In all proceedings under this chapter, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition or any parent or legal custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.History.—s. 20…

(1) If counsel is entitled to receive compensation for representation pursuant to a court appointment in a dependency proceeding or a termination of parental rights proceeding pursuant to this chapter, compensation shall be paid in accordance with s. 27.5304. The state may acquir…

The department shall deposit all child support payments made to the department pursuant to this chapter into the Operations and Maintenance Trust Fund. The purpose of this funding is to care for children who are committed to the temporary legal custody of the department.History.—…

(1) The Legislature finds that time is of the essence for establishing permanency for a child in the dependency system. Time limitations are a right of the child which may not be waived, extended, or continued at the request of any party except as provided in this section.(2)(a) …

(1) This chapter does not supersede the requirements of the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq.; the Multi-Ethnic Placement Act of 1994, Pub. L. No. 103-382, as amended; the Servicemembers Civil Relief Act, 50 U.S.C. ss. 3901 et seq.; or the implementing regulati…

The department, community-based care lead agency, or court shall consider all of the following factors when determining whether a proposed placement under this chapter is in the child’s best interest:(1) The child’s age.(2) The physical, mental, and emotional health benefits to t…

(1) The department shall conduct a records check through the Comprehensive Child Welfare Information System and a local and statewide criminal history records check on all persons, including parents, being considered by the department for placement of a child under this chapter, …

(1) SHORT TITLE.—This section may be cited as the “Keeping Children Safe Act.”(2) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds that:1. For some children who are abused, abandoned, or neglected by a parent or other caregiver, abuse may include sexual abuse.2. These s…

Whenever the whereabouts of a child involved with the department become unknown, the department or the community-based care provider shall make reasonable efforts, as defined by rule, to locate the child. If, pursuant to criteria established by rule, the child is determined to be…

Beginning March 1, 2021, the Department of Law Enforcement shall provide information to law enforcement officers stating whether a person is a parent or caregiver who is currently the subject of a child protective investigation for alleged child abuse, abandonment, or neglect or …

Beginning in fiscal year 2022-2023 through fiscal year 2023-2024, the department and the Department of Juvenile Justice shall identify children who are dually involved with both systems of care. The department and the Department of Juvenile Justice shall collaboratively take appr…

The central abuse hotline is the first step in the safety assessment and investigation process.(1) ESTABLISHMENT AND OPERATION.—(a) The department shall operate and maintain a central abuse hotline capable of receiving all reports of known or suspected child abuse, abandonment, o…

(1) MANDATORY REPORTING.—(a)1. A person is required to report immediately to the central abuse hotline established in s. 39.101, in writing, through a call to the toll-free telephone number, or through electronic reporting, if he or she knows, or has reasonable cause to suspect, …

(1) As part of the department’s quality assurance program, the department shall provide an immediate multiagency investigation of certain child deaths or other serious incidents. The purpose of such investigation is to identify root causes and rapidly determine the need to change…

(1) In order to protect the rights of the child and the child’s parents or other persons responsible for the child’s welfare, all records held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all…

(1) Any person or organization, including the Department of Children and Families, may petition the court for an order making public the records of the Department of Children and Families which pertain to investigations of alleged abuse, abandonment, or neglect of a child. The co…

(1) It is the intent of the Legislature to provide prompt disclosure of the basic facts of all deaths of children from birth through 18 years of age which occur in this state and which are reported to the department’s central abuse hotline. Disclosure shall be posted on the depar…

(1)(a) Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civ…

The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s. 90.505, as such communication rela…

(1) A person who knowingly and willfully fails to report to the central abuse hotline known or suspected child abuse, abandonment, or neglect, or who knowingly and willfully prevents another person from doing so, commits a felony of the third degree, punishable as provided in s. …

(1) In addition to any other penalty authorized by this section, chapter 120, or other law, the department may impose a fine, not to exceed $10,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse, abandonment, or neglect of a child, or …

(1) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature recognizes that animal cruelty of any kind is a type of interpersonal violence that often co-occurs with child abuse and other forms of family violence, including elder abuse and domestic violence. Early identification of a…

(1)(a) Upon receiving a report of known or suspected child abuse, abandonment, or neglect, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care, the cen…

(1) The department shall conduct a child protective investigation of each report of institutional child abuse, abandonment, or neglect. Upon receipt of a report that alleges that an employee or agent of the department, or any other entity or person covered by s. 39.01(39) or (57)…

(1) The Children’s Medical Services Program in the Department of Health shall develop, maintain, and coordinate the services of one or more multidisciplinary Child Protection Teams in each of the service circuits of the Department of Children and Families. Such teams may be compo…

The Department of Health, in consultation with the Department of Children and Families, shall adopt rules governing the Child Protection Teams and sexual abuse treatment programs pursuant to s. 39.303, including definitions, organization, roles and responsibilities, eligibility, …

A memorandum of agreement shall be developed between the Department of Children and Families and the Department of Health that specifies how the teams will work with child protective investigation and service staff, that requires joint oversight by the two departments of the acti…

(1) Child advocacy centers are facilities that offer multidisciplinary services in a community-based, child-focused environment to children who are alleged to be victims of child abuse, abandonment, or neglect. The children served by such centers may have experienced a variety of…

(1)(a) Any person required to investigate cases of suspected child abuse, abandonment, or neglect may take or cause to be taken photographs of the areas of trauma visible on a child who is the subject of a report. Any Child Protection Team that examines a child who is the subject…

The department shall enter into agreements with the jurisdictionally responsible county sheriffs’ offices and local police departments that will assume the lead in conducting any potential criminal investigations arising from allegations of child abuse, abandonment, or neglect. T…

(1) Upon receiving a report alleging medical neglect, the department shall assign the case to a child protective investigator who has specialized training in addressing medical neglect or working with medically complex children if such investigator is available. If a child protec…

(1) Upon receiving a report alleging juvenile sexual abuse or inappropriate sexual behavior as defined in s. 39.01, the department shall assist the family, child, and caregiver in receiving appropriate services to address the allegations of the report.(a) The department shall ens…

The Department of Children and Families shall develop guidelines for conducting an onsite child protective investigation that specifically does not require the additional activities required by the department and for conducting an enhanced child protective investigation, includin…

Any person in charge of a hospital or similar institution, or any physician or licensed health care professional treating a child may detain that child without the consent of the parents, caregiver, or legal custodian, whether or not additional medical treatment is required, if t…

(1) A child may only be taken into custody:(a) Pursuant to the provisions of this part, based upon sworn testimony, either before or after a petition is filed; or(b) By a law enforcement officer, or an authorized agent of the department, if the officer or authorized agent has pro…

(1) LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds that every child who is in out-of-home care has the goal of finding a permanent home, whether achieved by reunifying the child with his or her parents or finding another permanent connection, such as adoption or legal…