Text of FL H 1663 (2024)

HB 1663 2024 CODING: Words stricken are deletions; words underlined are additions. hb1663-00 Page 1 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to child protective investigations; 2 amending s. 39.01, F.S.; revising the definition of 3 "abuse"; amending s. 39.301, F.S.; prohibiting the 4 Department of Children and Families from initiating a 5 protective investigation based solely on a parent's 6 religious beliefs or ideology; requiring a child 7 protective investigator to provide a brief summary, a 8 verbal notification, and a verbal or written summary 9 of certain information to certain parents and legal 10 custodians; providing requirements for such summaries 11 and notification; requiring the department to adopt by 12 rule a specified form; providing applicability; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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 HB 1663 2024 CODING: Words stricken are deletions; words underlined are additions. hb1663-00 Page 2 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 any related mental health or medical 37 decisions, may not in itself constitute abuse. 38 Section 2. Subsection (5) of section 39.301, Florida 39 Statutes, is amended, and paragraph (c) is added to subsection 40 (1) of that section, to read: 41 39.301 Initiation of protective investigations.— 42 (1) 43 (c) The department may not initiate a protective 44 investigation or otherwise infringe on a parent's parental 45 rights solely on the basis of the parent's religious beliefs or 46 ideology. 47 (5)(a) Upon commencing an investigation under this part, 48 the child protective investigator shall, upon first contact, 49 provide the parent or legal custodian who is the inform any 50 HB 1663 2024 CODING: Words stricken are deletions; words underlined are additions. hb1663-00 Page 3 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S subject of the investigation all of the following: 51 1. A brief summary written in a language that the parent 52 or legal custodian understands which contains all of the 53 following information: 54 a. The names of the investigators and identifying 55 credentials from the department. 56 b.2. The purpose of the investigation and the department's 57 procedures for conducting such investigation, including a 58 description of the circumstances under which the department 59 could remove the child from the home through the judicial system 60 and an explanation that the department must refer all reports of 61 alleged child abuse, abandonment, or neglect to a law 62 enforcement agency for a separate determination of whether a 63 criminal violation occurred. 64 c.3. The right to obtain his or her own attorney and ways 65 that the information provided by the parent or legal custodian 66 subject may be used. 67 d.4. The possible outcomes and services of the 68 department's response. 69 e.5. The right of the parent or legal custodian to be 70 engaged to the fullest extent possible in determining the nature 71 of the allegation and the nature of any identified problem and 72 the remedy. This includes the right of the parent or legal 73 custodian to review all records of the investigation unless such 74 review would jeopardize an ongoing criminal investigation or the 75 HB 1663 2024 CODING: Words stricken are deletions; words underlined are additions. hb1663-00 Page 4 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S child's safety. 76 f.6. The duty of the parent or legal custodian to report 77 any change in the residence or location of the child to the 78 investigator and that the duty to report continues until the 79 investigation is closed. 80 g. The parent's or legal custodian's right to file a 81 complaint with the department or to request a review of the 82 findings made by the department in the investigation. 83 h. The statutory and regulatory provisions of law 84 governing child abuse, abandonment, or neglect and how the 85 parent or legal custodian may obtain copies of such provisions. 86 i. The process by which the parent or legal custodian may 87 access the child if the child is removed from the home. 88 j. The parent's or legal custodian's rights provided in 89 subparagraph 2. 90 91 If the parent or legal custodian is unable to read or write, the 92 child protective investigator must read the summary required 93 under this subparagraph to the parent or legal custodian in a 94 language that the parent or legal custodian understand. 95 2. Verbal notification in a language that the parent or 96 legal custodian understands explaining that the parent or legal 97 custodian is protected by the Fourth Amendment to the United 98 States Constitution and has the right to: 99 a. Exercise his or her right against self-incrimination 100 HB 1663 2024 CODING: Words stricken are deletions; words underlined are additions. hb1663-00 Page 5 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and not speak with the investigator or any other agent of the 101 department without an attorney present. 102 b. Have assistance from a private attorney or a court- 103 appointed attorney if the parent or legal custodian is indigent. 104 c. Record any interaction or interview with the 105 investigator as long as the parent or legal custodian 106 understands that the recording may be subject to disclosure to 107 the department, a law enforcement agency, or other party 108 pursuant to court order. 109 d. Refuse to allow the investigator to enter the home or 110 interview the child without an attorney present. 111 e. Withhold consent to the release of medical or mental 112 health records or medical or psychological examinations of the 113 child. 114 f. Refuse to submit to a drug or urine test. 115 g. Consult with an attorney before agreeing to any 116 proposed voluntary safety plan. 117 3. A verbal or written summary in a language that the 118 parent or legal custodian understands of the allegations made 119 against him or her and whether such allegations were made by an 120 anonymous reporter. 121 (b) The department shall adopt by rule a form to verify 122 that a parent or legal custodian who is the subject of a 123 protective investigation received the brief summary, verbal 124 notification, and verbal or written summary required by this 125 HB 1663 2024 CODING: Words stricken are deletions; words underlined are additions. hb1663-00 Page 6 of 6 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S subsection investigator shall fully inform parents or legal 126 custodians of their rights and options, including opportunities 127 for audio or video recording of investigators' interviews with 128 parents or legal custodians or children. 129 Section 3. The amendments made by this act to s. 130 39.301(5), Florida Statutes, apply only to reports of known or 131 suspected child abuse, abandonment, or neglect made on or after 132 July 1, 2024. 133 Section 4. This act shall take effect July 1, 2024. 134