Contact Persons

MEMORANDUM

FLORIDA DEPARTMENT OF EDUCATION

STATE BOARD OF EDUCATION

Commissioner of Education

F. PHILIP HANDY,

T. WILLARD FAIR,

Vice Chairman

SALLY BRADSHAW

LINDA J. EADS, ED.D.

CHARLES PATRICK GARCÍA

JULIA L. JOHNSON

WILLIAM L. PROCTOR, PH.D.

CONTACT PERSON

maryJo.butler@fldoe.org

gdavison@tempest.coedu.usf.edu

To:

District School Superintendents

District/Region Administrators, Department of Children and Families

K-12 Chancellor

Department of Education

Director, Child Welfare and Community Based Care

Department of Children and Families

September 5, 2003

LEGISLATIVE CHANGES IN PROCEEDINGS RELATING TO CHILD ABUSE

PREVENTION TRAINING, INVESTIGATION AND CASE MANAGEMENT -

COMMITTEE SUBSTITUTE FOR SENATE BILL 1442 AND COMMITTEE SUBSTITUTE

FOR SENATE BILL 1454

The 2003 Legislature passed two bills with implications for school districts and Department of Children

and Families (DCF) staff and its contractors involved with child abuse prevention training, protective

investigation, and case management services. Staff from the Department of Education and the

Department of Children and Families are collaborating to provide technical assistance and address

related issues.

JIM WARFORD

K – 12 Chancellor

325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org

District School Superintendents

District/Region Administrators, Department of Children and Families

September 5, 2003

Committee Substitute for Senate Bill 1442

amended Section 39.201, Florida Statutes (Mandatory

reports of child abuse, abandonment or neglect.--), to clarify that

who knows, or has

reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal

custodian, caregiver, or other person responsible for the child’s welfare

must report such knowledge or

suspicion to the DCF central abuse hotline

. The bill also clarifies that reporters in certain occupation

categories, including a schoolteacher or other school official or personnel, must provide their name to the

hotline staff. This bill does not impose added responsibility on school officials or personnel as reporters;

however, it clarifies that all persons who have reason to suspect child abuse, neglect, or abandonment

are required by law to report it and to provide their names to hotline staff. The names of such reporters

are entered into the record of the report and are held confidential.

Existing law related to penalties establishes that a person who is required to report known or suspected

child abuse, abandonment, or neglect who knowingly and willfully fails to do so, or who knowingly and

willfully prevents another person from doing so, is guilty of a misdemeanor of the first degree (Section

39.205, Florida Statutes).

If the report is of known or suspected child abuse, abandonment, or neglect by someone other than a

parent, legal guardian, or caregiver (including reports of suspected abuse or neglect by a school district

employee), the central abuse hotline staff will immediately electronically transfer the call to the

appropriate county sheriff’s office. 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 DCF concerning reports of child

abandonment, abuse, or neglect, including reports made to the central abuse hotline, shall not be

disclosed except as specifically authorized by law. Access to such records, excluding the name of the

reporter, can only be released to specific persons, officials, and agencies.

Committee Substitute for Senate Bill 1454

amended Section 39.202, Florida Statutes (Confidentiality of

reports and records in cases of child abuse or neglect.--), to provide that information contained in a

specific client record may be released to the principal of a public school, private school, or charter school

in which the student is enrolled. The principal determines what information contained in the records is

necessary for a school employee to effectively provide a student with effective educational services and

may release that relevant information to the employee.

Department of Education staff will continue working with Department of Children and Families staff to

provide targeted guidance and technical assistance in the coming months. To assist you in implementing

these changes, staff will provide under separate cover, a fact sheet regarding the reporting of suspected

child abuse or neglect. Please direct questions regarding this memorandum to Department of Education

staff listed above or to Dale East, Department of Children and Families, at (850) 410-2209.

cc: Dale East, Family Safety/Child Protection Policy, Department of Children and Families

John Cooper, Central Child Abuse Hotline, Department of Children and Families District/Regional

Program Directors, Department of Children and Families

Student Services Directors

Guidance Supervisors

School Social Worker Supervisors

School Board Attorneys