SESSION WATCH
THE BILL ITSELF

CS/SB 1002

Child Welfare

VERSION S 1002 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for SB 1002 By the Committee on Children, Families, and Elder Affairs; and Senator Gaetz 586-02238-26 20261002c1
1 A bill to be entitled
2 An act relating to child welfare; amending s. 39.01,
3 F.S.; revising the definition of the term “harm” to
4 provide that exposure of a child to a controlled
5 substance may be established by evidence of acute or
6 chronic use of a controlled substance by a parent to a
7 specified extent; revising the definition of the term
8 “neglect” to provide that neglect occurs when there is
9 evidence of acute or chronic use of a controlled
10 substance by a parent to a specified extent;
11 reenacting ss. 39.521(1)(c), 39.6012(1)(c),
12 39.806(1)(k), 61.13(2)(c), 61.401, 61.402(3),
13 390.01114(2)(b), 744.309(3), 984.03(24), and
14 1001.42(8)(c), F.S., relating to disposition hearings
15 and powers of disposition; case plan tasks and
16 services; grounds for termination of parental rights;
17 support of children, parenting and time-sharing, and
18 powers of the court; appointment of guardian ad litem;
19 qualifications of guardians ad litem; the Parental
20 Notice of and Consent for Abortion Act; who may be
21 appointed guardian of a resident ward; definitions;
22 and powers and duties of district school board,
23 respectively, to incorporate the amendment made to s.
24 39.01, F.S., in references thereto; providing an
25 effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Paragraph (g) of subsection (37) and subsection
30 (53) of section 39.01, Florida Statutes, are amended to read:
31 39.01 Definitions.—When used in this chapter, unless the
32 context otherwise requires:
33 (37) “Harm” to a child’s health or welfare can occur when
34 any person:
35 (g) Exposes a child to a controlled substance or alcohol.
36 Exposure to a controlled substance or alcohol is established by:
37 1. A test, administered at birth, which indicated that the
38 child’s blood, urine, or meconium contained any amount of
39 alcohol or a controlled substance or metabolites of such
40 substances, the presence of which was not the result of medical
41 treatment administered to the mother or the newborn infant; or
42 2. Evidence of extensive, abusive, and chronic use of a
43 controlled substance or alcohol by a parent to the extent that
44 the parent’s ability to provide supervision and care for the
45 child has been or is likely to be severely compromised ; or
46 3. Evidence of acute or chronic use of a controlled
47 substance by a parent to the extent that the ongoing threat of
48 the parent’s future intoxication compromises the parent’s
49 ability to guarantee and provide supervision and care for the
50 child .
52 As used in this paragraph, the term “controlled substance” means
53 prescription drugs not prescribed for the parent or not
54 administered as prescribed and controlled substances as outlined
55 in Schedule I or Schedule II of s. 893.03.
56 (53) “Neglect” occurs when :
57 (a) A child is deprived of, or is allowed to be deprived
58 of, necessary food, clothing, shelter, or medical treatment or a
59 child is permitted to live in an environment when such
60 deprivation or environment causes the child’s physical, mental,
61 or emotional health to be significantly impaired or to be in
62 danger of being significantly impaired. The foregoing
63 circumstances shall not be considered neglect if caused
64 primarily by financial inability unless actual services for
65 relief have been offered to and rejected by such person. A
66 parent or legal custodian legitimately practicing religious
67 beliefs in accordance with a recognized church or religious
68 organization who thereby does not provide specific medical
69 treatment for a child may not, for that reason alone, be
70 considered a negligent parent or legal custodian; however, such
71 an exception does not preclude a court from ordering the
72 following services to be provided, when the health of the child
73 so requires:
74 1. (a) Medical services from a licensed physician, dentist,
75 optometrist, podiatric physician, or other qualified health care
76 provider; or
77 2. (b) Treatment by a duly accredited practitioner who
78 relies solely on spiritual means for healing in accordance with
79 the tenets and practices of a well-recognized church or
80 religious organization.
81 (b) There is evidence of acute or chronic use of a
82 controlled substance by a parent to the extent that the ongoing
83 threat of the parent’s future intoxication results in an
84 environment that causes the child’s physical, mental, or
85 emotional safety to be significantly impaired or to be in danger
86 of being significantly impaired.
88 Neglect of a child includes acts or omissions.
89 Section 2. For the purpose of incorporating the amendment
90 made by this act to section 39.01, Florida Statutes, in a
91 reference thereto, paragraph (c) of subsection (1) of section
92 39.521, Florida Statutes, is reenacted to read:
93 39.521 Disposition hearings; powers of disposition.—
94 (1) A disposition hearing shall be conducted by the court,
95 if the court finds that the facts alleged in the petition for
96 dependency were proven in the adjudicatory hearing, or if the
97 parents or legal custodians have consented to the finding of
98 dependency or admitted the allegations in the petition, have
99 failed to appear for the arraignment hearing after proper
100 notice, or have not been located despite a diligent search
101 having been conducted.
102 (c) When any child is adjudicated by a court to be
103 dependent, the court having jurisdiction of the child has the
104 power by order to:
105 1. Require the parent and, when appropriate, the legal
106 guardian or the child to participate in treatment and services
107 identified as necessary. The court may require the person who
108 has custody or who is requesting custody of the child to submit
109 to a mental health or substance abuse disorder assessment or
110 evaluation. The order may be made only upon good cause shown and
111 pursuant to notice and procedural requirements provided under
112 the Florida Rules of Juvenile Procedure. The mental health
113 assessment or evaluation must be administered by a qualified
114 professional as defined in s. 39.01, and the substance abuse
115 assessment or evaluation must be administered by a qualified
116 professional as defined in s. 397.311. The court may also
117 require such person to participate in and comply with treatment
118 and services identified as necessary, including, when
119 appropriate and available, participation in and compliance with
120 a mental health court program established under chapter 394 or a
121 treatment-based drug court program established under s. 397.334.
122 Adjudication of a child as dependent based upon evidence of harm
123 as defined in s. 39.01(37)(g) demonstrates good cause, and the
124 court shall require the parent whose actions caused the harm to
125 submit to a substance abuse disorder assessment or evaluation
126 and to participate and comply with treatment and services
127 identified in the assessment or evaluation as being necessary.
128 In addition to supervision by the department, the court,
129 including the mental health court program or the treatment-based
130 drug court program, may oversee the progress and compliance with
131 treatment by a person who has custody or is requesting custody
132 of the child. The court may impose appropriate available
133 sanctions for noncompliance upon a person who has custody or is
134 requesting custody of the child or make a finding of
135 noncompliance for consideration in determining whether an
136 alternative placement of the child is in the child’s best
137 interests. Any order entered under this subparagraph may be made
138 only upon good cause shown. This subparagraph does not authorize
139 placement of a child with a person seeking custody of the child,
140 other than the child’s parent or legal custodian, who requires
141 mental health or substance abuse disorder treatment.
142 2. Require, if the court deems necessary, the parties to
143 participate in dependency mediation.
144 3. Require placement of the child either under the
145 protective supervision of an authorized agent of the department
146 in the home of one or both of the child’s parents or in the home
147 of a relative of the child or another adult approved by the
148 court, or in the custody of the department. Protective
149 supervision continues until the court terminates it or until the
150 child reaches the age of 18, whichever date is first. Protective
151 supervision shall be terminated by the court whenever the court
152 determines that permanency has been achieved for the child,
153 whether with a parent, another relative, or a legal custodian,
154 and that protective supervision is no longer needed. The
155 termination of supervision may be with or without retaining
156 jurisdiction, at the court’s discretion, and shall in either
157 case be considered a permanency option for the child. The order
158 terminating supervision by the department must set forth the
159 powers of the custodian of the child and include the powers
160 ordinarily granted to a guardian of the person of a minor unless
161 otherwise specified. Upon the court’s termination of supervision
162 by the department, further judicial reviews are not required if
163 permanency has been established for the child.
164 4. Determine whether the child has a strong attachment to
165 the prospective permanent guardian and whether such guardian has
166 a strong commitment to permanently caring for the child.
167 Section 3. For the purpose of incorporating the amendment
168 made by this act to section 39.01, Florida Statutes, in a
169 reference thereto, paragraph (c) of subsection (1) of section
170 39.6012, Florida Statutes, is reenacted to read:
171 39.6012 Case plan tasks; services.—
172 (1) The services to be provided to the parent and the tasks
173 that must be completed are subject to the following:
174 (c) If there is evidence of harm as defined in s.
175 39.01(37)(g), the case plan must include as a required task for
176 the parent whose actions caused the harm that the parent submit
177 to a substance abuse disorder assessment or evaluation and
178 participate and comply with treatment and services identified in
179 the assessment or evaluation as being necessary.
180 Section 4. For the purpose of incorporating the amendment
181 made by this act to section 39.01, Florida Statutes, in a
182 reference thereto, paragraph (k) of subsection (1) of section
183 39.806, Florida Statutes, is reenacted to read:
184 39.806 Grounds for termination of parental rights.—
185 (1) Grounds for the termination of parental rights may be
186 established under any of the following circumstances:
187 (k) A test administered at birth that indicated that the
188 child’s blood, urine, or meconium contained any amount of
189 alcohol or a controlled substance or metabolites of such
190 substances, the presence of which was not the result of medical
191 treatment administered to the mother or the newborn infant, and
192 the biological mother of the child is the biological mother of
193 at least one other child who was adjudicated dependent after a
194 finding of harm to the child’s health or welfare due to exposure
195 to a controlled substance or alcohol as defined in s. 39.01,
196 after which the biological mother had the opportunity to
197 participate in substance abuse treatment.
198 Section 5. For the purpose of incorporating the amendment
199 made by this act to section 39.01, Florida Statutes, in a
200 reference thereto, paragraph (c) of subsection (2) of section
201 61.13, Florida Statutes, is reenacted to read:
202 61.13 Support of children; parenting and time-sharing;
203 powers of court.—
204 (2)
205 (c) The court shall determine all matters relating to
206 parenting and time-sharing of each minor child of the parties in
207 accordance with the best interests of the child and in
208 accordance with the Uniform Child Custody Jurisdiction and
209 Enforcement Act, except that modification of a parenting plan
210 and time-sharing schedule requires a showing of a substantial
211 and material change of circumstances.
212 1. It is the public policy of this state that each minor
213 child has frequent and continuing contact with both parents
214 after the parents separate or the marriage of the parties is
215 dissolved and to encourage parents to share the rights and
216 responsibilities, and joys, of childrearing. Unless otherwise
217 provided in this section or agreed to by the parties, there is a
218 rebuttable presumption that equal time-sharing of a minor child
219 is in the best interests of the minor child. To rebut this
220 presumption, a party must prove by a preponderance of the
221 evidence that equal time-sharing is not in the best interests of
222 the minor child. Except when a time-sharing schedule is agreed
223 to by the parties and approved by the court, the court must
224 evaluate all of the factors set forth in subsection (3) and make
225 specific written findings of fact when creating or modifying a
226 time-sharing schedule.
227 2. The court shall order that the parental responsibility
228 for a minor child be shared by both parents unless the court
229 finds that shared parental responsibility would be detrimental
230 to the child. In determining detriment to the child, the court
231 shall consider:
232 a. Evidence of domestic violence, as defined in s. 741.28;
233 b. Whether either parent has or has had reasonable cause to
234 believe that he or she or his or her minor child or children are
235 or have been in imminent danger of becoming victims of an act of
236 domestic violence as defined in s. 741.28 or sexual violence as
237 defined in s. 784.046(1)(c) by the other parent against the
238 parent or against the child or children whom the parents share
239 in common regardless of whether a cause of action has been
240 brought or is currently pending in the court;
241 c. Whether either parent has or has had reasonable cause to
242 believe that his or her minor child or children are or have been
243 in imminent danger of becoming victims of an act of abuse,
244 abandonment, or neglect, as those terms are defined in s. 39.01,
245 by the other parent against the child or children whom the
246 parents share in common regardless of whether a cause of action
247 has been brought or is currently pending in the court; and
248 d. Any other relevant factors.
249 3. The following evidence creates a rebuttable presumption
250 that shared parental responsibility is detrimental to the child:
251 a. A parent has been convicted of a misdemeanor of the
252 first degree or higher involving domestic violence, as defined
253 in s. 741.28 and chapter 775;
254 b. A parent meets the criteria of s. 39.806(1)(d); or
255 c. A parent has been convicted of or had adjudication
256 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
257 at the time of the offense:
258 (I) The parent was 18 years of age or older.
259 (II) The victim was under 18 years of age or the parent
260 believed the victim to be under 18 years of age.
262 If the presumption is not rebutted after the convicted parent is
263 advised by the court that the presumption exists, shared
264 parental responsibility, including time-sharing with the child,
265 and decisions made regarding the child, may not be granted to
266 the convicted parent. However, the convicted parent is not
267 relieved of any obligation to provide financial support. If the
268 court determines that shared parental responsibility would be
269 detrimental to the child, it may order sole parental
270 responsibility and make such arrangements for time-sharing as
271 specified in the parenting plan as will best protect the child
272 or abused spouse from further harm. Whether or not there is a
273 conviction of any offense of domestic violence or child abuse or
274 the existence of an injunction for protection against domestic
275 violence, the court shall consider evidence of domestic violence
276 or child abuse as evidence of detriment to the child.
277 4. In ordering shared parental responsibility, the court
278 may consider the expressed desires of the parents and may grant
279 to one party the ultimate responsibility over specific aspects
280 of the child’s welfare or may divide those responsibilities
281 between the parties based on the best interests of the child.
282 Areas of responsibility may include education, health care, and
283 any other responsibilities that the court finds unique to a
284 particular family.
285 5. The court shall order sole parental responsibility for a
286 minor child to one parent, with or without time-sharing with the
287 other parent if it is in the best interests of the minor child.
288 6. There is a rebuttable presumption against granting time
289 sharing with a minor child if a parent has been convicted of or
290 had adjudication withheld for an offense enumerated in s.
291 943.0435(1)(h)1.a., and at the time of the offense:
292 a. The parent was 18 years of age or older.
293 b. The victim was under 18 years of age or the parent
294 believed the victim to be under 18 years of age.
296 A parent may rebut the presumption upon a specific finding in
297 writing by the court that the parent poses no significant risk
298 of harm to the child and that time-sharing is in the best
299 interests of the minor child. If the presumption is rebutted,
300 the court must consider all time-sharing factors in subsection
301 (3) when developing a time-sharing schedule.
302 7. Access to records and information pertaining to a minor
303 child, including, but not limited to, medical, dental, and
304 school records, may not be denied to either parent. Full rights
305 under this subparagraph apply to either parent unless a court
306 order specifically revokes these rights, including any
307 restrictions on these rights as provided in a domestic violence
308 injunction. A parent having rights under this subparagraph has
309 the same rights upon request as to form, substance, and manner
310 of access as are available to the other parent of a child,
311 including, without limitation, the right to in-person
312 communication with medical, dental, and education providers.
313 Section 6. For the purpose of incorporating the amendment
314 made by this act to section 39.01, Florida Statutes, in a
315 reference thereto, section 61.401, Florida Statutes, is
316 reenacted to read:
317 61.401 Appointment of guardian ad litem.—In an action for
318 dissolution of marriage or for the creation, approval, or
319 modification of a parenting plan, if the court finds it is in
320 the best interest of the child, the court may appoint a guardian
321 ad litem to act as next friend of the child, investigator or
322 evaluator, not as attorney or advocate. The court in its
323 discretion may also appoint legal counsel for a child to act as
324 attorney or advocate; however, the guardian and the legal
325 counsel shall not be the same person. In such actions which
326 involve an allegation of child abuse, abandonment, or neglect as
327 defined in s. 39.01, which allegation is verified and determined
328 by the court to be well-founded, the court shall appoint a
329 guardian ad litem for the child. The guardian ad litem shall be
330 a party to any judicial proceeding from the date of the
331 appointment until the date of discharge.
332 Section 7. For the purpose of incorporating the amendment
333 made by this act to section 39.01, Florida Statutes, in a
334 reference thereto, subsection (3) of section 61.402, Florida
335 Statutes, is reenacted to read:
336 61.402 Qualifications of guardians ad litem.—
337 (3) Only a guardian ad litem who qualifies under paragraph
338 (1)(a) or paragraph (1)(c) may be appointed to a case in which
339 the court has determined that there are well-founded allegations
340 of child abuse, abandonment, or neglect as defined in s. 39.01.
341 Section 8. For the purpose of incorporating the amendment
342 made by this act to section 39.01, Florida Statutes, in a
343 reference thereto, paragraph (b) of subsection (2) of section
344 390.01114, Florida Statutes, is reenacted to read:
345 390.01114 Parental Notice of and Consent for Abortion Act.—
346 (2) DEFINITIONS.—As used in this section, the term:
347 (b) “Child abuse” means abandonment, abuse, harm, mental
348 injury, neglect, physical injury, or sexual abuse of a child as
349 those terms are defined in ss. 39.01, 827.04, and 984.03.
350 Section 9. For the purpose of incorporating the amendment
351 made by this act to section 39.01, Florida Statutes, in a
352 reference thereto, subsection (3) of section 744.309, Florida
353 Statutes, is reenacted to read:
354 744.309 Who may be appointed guardian of a resident ward.—
355 (3) DISQUALIFIED PERSONS.—No person who has been convicted
356 of a felony or who, from any incapacity or illness, is incapable
357 of discharging the duties of a guardian, or who is otherwise
358 unsuitable to perform the duties of a guardian, shall be
359 appointed to act as guardian. Further, no person who has been
360 judicially determined to have committed abuse, abandonment, or
361 neglect against a child as defined in s. 39.01 or s. 984.03(1),
362 (2), and (24), or who has been found guilty of, regardless of
363 adjudication, or entered a plea of nolo contendere or guilty to,
364 any offense prohibited under s. 435.04 or similar statute of
365 another jurisdiction, shall be appointed to act as a guardian.
366 Except as provided in subsection (5) or subsection (6), a person
367 who provides substantial services to the proposed ward in a
368 professional or business capacity, or a creditor of the proposed
369 ward, may not be appointed guardian and retain that previous
370 professional or business relationship. A person may not be
371 appointed a guardian if he or she is in the employ of any
372 person, agency, government, or corporation that provides service
373 to the proposed ward in a professional or business capacity,
374 except that a person so employed may be appointed if he or she
375 is the spouse, adult child, parent, or sibling of the proposed
376 ward or the court determines that the potential conflict of
377 interest is insubstantial and that the appointment would clearly
378 be in the proposed ward’s best interest. The court may not
379 appoint a guardian in any other circumstance in which a conflict
380 of interest may occur.
381 Section 10. For the purpose of incorporating the amendment
382 made by this act to section 39.01, Florida Statutes, in a
383 reference thereto, subsection (24) of section 984.03, Florida
384 Statutes, is reenacted to read:
385 984.03 Definitions.—When used in this chapter, the term:
386 (24) “Neglect” has the same meaning as in s. 39.01(53).
387 Section 11. For the purpose of incorporating the amendment
388 made by this act to section 39.01, Florida Statutes, in a
389 reference thereto, paragraph (c) of subsection (8) of section
390 1001.42, Florida Statutes, is reenacted to read:
391 1001.42 Powers and duties of district school board.—The
392 district school board, acting as a board, shall exercise all
393 powers and perform all duties listed below:
394 (8) STUDENT WELFARE.—
395 (c)1. In accordance with the rights of parents enumerated
396 in ss. 1002.20 and 1014.04, adopt procedures for notifying a
397 student’s parent if there is a change in the student’s services
398 or monitoring related to the student’s mental, emotional, or
399 physical health or well-being and the school’s ability to
400 provide a safe and supportive learning environment for the
401 student. The procedures must reinforce the fundamental right of
402 parents to make decisions regarding the upbringing and control
403 of their children by requiring school district personnel to
404 encourage a student to discuss issues relating to his or her
405 well-being with his or her parent or to facilitate discussion of
406 the issue with the parent. The procedures may not prohibit
407 parents from accessing any of their student’s education and
408 health records created, maintained, or used by the school
409 district, as required by s. 1002.22(2).
410 2. A school district may not adopt procedures or student
411 support forms that prohibit school district personnel from
412 notifying a parent about his or her student’s mental, emotional,
413 or physical health or well-being, or a change in related
414 services or monitoring, or that encourage or have the effect of
415 encouraging a student to withhold from a parent such
416 information. School district personnel may not discourage or
417 prohibit parental notification of and involvement in critical
418 decisions affecting a student’s mental, emotional, or physical
419 health or well-being. This subparagraph does not prohibit a
420 school district from adopting procedures that permit school
421 personnel to withhold such information from a parent if a
422 reasonably prudent person would believe that disclosure would
423 result in abuse, abandonment, or neglect, as those terms are
424 defined in s. 39.01.
425 3. Classroom instruction by school personnel or third
426 parties on sexual orientation or gender identity may not occur
427 in prekindergarten through grade 8, except when required by ss.
428 1003.42(2)(o)3. and 1003.46. If such instruction is provided in
429 grades 9 through 12, the instruction must be age-appropriate or
430 developmentally appropriate for students in accordance with
431 state standards. This subparagraph applies to charter schools.
432 4. Student support services training developed or provided
433 by a school district to school district personnel must adhere to
434 student services guidelines, standards, and frameworks
435 established by the Department of Education.
436 5. At the beginning of the school year, each school
437 district shall notify parents of each health care service
438 offered at their student’s school and the option to withhold
439 consent or decline any specific service in accordance with s.
440 1014.06. Parental consent to a health care service does not
441 waive the parent’s right to access his or her student’s
442 educational or health records or to be notified about a change
443 in his or her student’s services or monitoring as provided by
444 this paragraph.
445 6. Before administering a student well-being questionnaire
446 or health screening form to a student in kindergarten through
447 grade 3, the school district must provide the questionnaire or
448 health screening form to the parent and obtain the permission of
449 the parent.
450 7. Each school district shall adopt procedures for a parent
451 to notify the principal, or his or her designee, regarding
452 concerns under this paragraph at his or her student’s school and
453 the process for resolving those concerns within 7 calendar days
454 after notification by the parent.
455 a. At a minimum, the procedures must require that within 30
456 days after notification by the parent that the concern remains
457 unresolved, the school district must either resolve the concern
458 or provide a statement of the reasons for not resolving the
459 concern.
460 b. If a concern is not resolved by the school district, a
461 parent may:
462 (I) Request the Commissioner of Education to appoint a
463 special magistrate who is a member of The Florida Bar in good
464 standing and who has at least 5 years’ experience in
465 administrative law. The special magistrate shall determine facts
466 relating to the dispute over the school district procedure or
467 practice, consider information provided by the school district,
468 and render a recommended decision for resolution to the State
469 Board of Education within 30 days after receipt of the request
470 by the parent. The State Board of Education must approve or
471 reject the recommended decision at its next regularly scheduled
472 meeting that is more than 7 calendar days and no more than 30
473 days after the date the recommended decision is transmitted. The
474 costs of the special magistrate shall be borne by the school
475 district. The State Board of Education shall adopt rules,
476 including forms, necessary to implement this subparagraph.
477 (II) Bring an action against the school district to obtain
478 a declaratory judgment that the school district procedure or
479 practice violates this paragraph and seek injunctive relief. A
480 court may award damages and shall award reasonable attorney fees
481 and court costs to a parent who receives declaratory or
482 injunctive relief.
483 c. Each school district shall adopt and post on its website
484 policies to notify parents of the procedures required under this
485 subparagraph.
486 d. Nothing contained in this subparagraph shall be
487 construed to abridge or alter rights of action or remedies in
488 equity already existing under the common law or general law.
489 Section 12. This act shall take effect July 1, 2026.