SESSION WATCH
THE BILL ITSELF

HB 1331

Child Welfare

VERSION H 1331 Filed · 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.

1 A bill to be entitled
2 An act relating to child welfare; amending s. 39.01,
3 F.S.; defining the terms "accredited child safety
4 organization" and "child-serving organization";
5 revising the definition of the term "institutional
6 child abuse or neglect"; creating s. 39.0151, F.S.;
7 requiring certain organizations and agencies to
8 provide employees with annual training approved by the
9 Department of Children and Families relating to the
10 protection of children from abuse and neglect;
11 providing requirements for such training; requiring
12 the department to create a process to recognize and
13 approve qualified accrediting organizations for a
14 specified purpose; providing requirements for
15 qualified accrediting organizations to be approved by
16 the department; requiring approved qualified
17 accrediting organizations to maintain certain records
18 and submit such records annually to the department;
19 requiring the department to review the status of each
20 qualified accrediting organization at certain
21 intervals; authorizing the department to revoke its
22 recognition and approval of a qualified accrediting
23 organization for good cause; requiring the department
24 to review the status of accredited child safety
25 organizations at certain intervals; authorizing the
26 department to renew or revoke the accreditation or
27 certification of an accredited child safety
28 organization; amending s. 39.101, F.S.; requiring the
29 department to collect and analyze certain reports of
30 abuse which are reported from or occurred at a child-
31 serving organization; creating s. 627.0656, F.S.;
32 requiring the Office of Insurance Regulation to
33 approve rating plans for employer's liability
34 insurance which provide a premium discount to certain
35 child-serving organizations; providing requirements
36 for such plans; providing legislative findings;
37 requiring the Office of Program Policy Analysis and
38 Government Accountability to conduct a study on the
39 affordability and availability of liability coverage
40 for child-serving organizations; requiring the office
41 to provide a certain report to the Legislature by a
42 certain date; amending ss. 39.302, 39.521, 39.6012,
43 394.495, 934.255, 960.065, and 984.03, F.S.;
44 conforming cross-references; reenacting s.
45 39.301(2)(b), F.S., relating to initiation of
46 protective investigations, to incorporate the
47 amendment made to s. 39.01, F.S., in a reference
48 thereto; providing an effective date.
50 Be It Enacted by the Legislature of the State of Florida:
52 Section 1. Subsections (3) through (13) and subsections
53 (14) through (91) of section 39.01, Florida Statutes, are
54 renumbered as subsections (4) through (14) and subsections (16) through (93), respectively, present subsections (10) and (39) of
56 that section are amended, and new subsections (3) and (15) are
57 added to that section, to read:
58 39.01 Definitions.—When used in this chapter, unless the
59 context otherwise requires:
60 (3) "Accredited child safety organization" means an
61 organization that has been certified or accredited by a
62 qualified accrediting organization that is recognized and
63 approved by the department. For purposes of this subsection, the
64 term "certified or accredited" means an evidence-based and
65 independent validation process managed through a professional
66 association or accrediting organization.
67 (11)(10) "Caregiver" means the parent, legal custodian,
68 permanent guardian, adult household member, or other person
69 responsible for a child's welfare as defined in subsection (59)
70 (57).
71 (15) "Child-serving organization" means any public or
72 private agency, organization, facility, or institution that
73 provides organized programming for children, including, but not
74 limited to, public or private schools, public or private child
75 care facilities and day care centers, residential homes, day
76 camps, youth sports organizations, and other organizations whose
77 employees or volunteers are adults entrusted with a child's
78 care.
79 (41)(39) "Institutional child abuse or neglect" means
80 situations of known or suspected child abuse or neglect in which
81 the person allegedly perpetrating the child abuse or neglect is
82 an employee of or volunteer at a child-serving organization a
83 public or private school, public or private day care center,
84 residential home, institution, facility, or agency or any other
85 person at such institution responsible for the child's welfare
86 as defined in subsection (59) (57).
87 Section 2. Section 39.0151, Florida Statutes, is created
88 to read:
89 39.0151 Training and certification of child-serving
90 organizations.—
91 (1) Each child-serving organization and each agency that
92 contracts with the department or the Department of Juvenile
93 Justice shall provide to all employees annual training relating
94 to the protection of children from abuse and neglect. The
95 training must be approved by the Department of Children and
96 Families and include, at a minimum, instruction on all of the
97 following:
98 (a) Common signs and symptoms of child abuse and neglect.
99 (b) Techniques for preventing child abuse and neglect,
100 including, but not limited to, techniques for ensuring proper
101 boundaries to prevent abuse, screening standards, and
102 supervision techniques designed to avoid inappropriate adult-
103 child interactions.
104 (c) Procedures for responding to a suspected case of child
105 abuse or neglect, including, but not limited to, any mandated
106 reporting responsibilities and procedures; procedures for
107 ensuring the child's safety and emotional well-being; and
108 procedures necessary to achieve an appropriate investigation of
109 any child abuse or neglect allegations.
110 (d) Information regarding sex trafficking and child sexual
111 exploitation, including steps to identify suspected victims.
112 (e) Child-friendly procedures necessary to prevent a child
113 victim of abuse or neglect from suffering further trauma or re-
114 victimization, to protect the child's privacy, and to assist the
115 child's recovery.
116 (2)(a) The Department of Children and Families shall
117 create a process to recognize and approve qualified accrediting
118 organizations that are authorized to accredit or certify child-
119 serving organizations as accredited child safety organizations.
120 The department shall recognize and approve a qualified
121 accrediting organization if such organization meets all of the
122 following requirements:
123 1. The organization is a nonprofit organization authorized
124 to operate in this state.
125 2. The organization has developed a curriculum or program
126 that substantially meets the requirements of subsection (1) and
127 offers such curriculum or program to child-serving
128 organizations. The curriculum or program must be provided to the
129 department for review, along with any other information
130 requested by the department.
131 3. The organization can demonstrate to the satisfaction of
132 the department, a record of providing child abuse prevention and
133 response training to child-serving organizations in this state
134 for at least 2 years before the organization submits its
135 application to the department for recognition and approval.
136 (b) Once approved by the department, a qualified
137 accrediting organization must maintain a record of all training
138 it provides to child-serving organizations and annually submit
139 such record to the department. As part of its record, a
140 qualified accrediting organization must maintain the following:
141 1. A list of child-serving organizations that are trained
142 and become accredited child safety organizations.
143 2. Participant evaluations from all of the trainings the
144 qualified accrediting organization has provided.
145 (c) The department must review the status of each
146 qualified accrediting organization on a biannual basis; however,
147 the department may conduct a review of each qualified
148 accrediting organization's status at any time. The department
149 may revoke its recognition and approval of a qualified
150 accrediting organization for good cause.
151 (d) The status of an accredited child safety organization
152 must be reviewed by the department at least every 3 years and
153 the accreditation or certification of such organization may be
154 renewed or revoked by the department upon such review. Section 3. Paragraph (f) of subsection (3) of section
156 39.101, Florida Statutes, is amended to read:
157 39.101 Central abuse hotline.—The central abuse hotline is
158 the first step in the safety assessment and investigation
159 process.
160 (3) COLLECTION OF INFORMATION AND DATA.—The department
161 shall:
162 (f)1. Collect and analyze child-on-child sexual abuse
163 reports and include such information in the aggregate
164 statistical reports.
165 2. Collect and analyze, in separate statistical reports,
166 those reports of child abuse, sexual abuse, and juvenile sexual
167 abuse which are reported from or which occurred on or at:
168 a. School premises;
169 b. School transportation;
170 c. School-sponsored off-campus events;
171 d. A school readiness program provider determined to be
172 eligible under s. 1002.88;
173 e. A private prekindergarten provider or a public school
174 prekindergarten provider, as those terms are defined in s.
175 1002.51(7) and (8), respectively;
176 f. A public K-12 school as described in s. 1000.04;
177 g. A private school as defined in s. 1002.01;
178 h. A Florida College System institution or a state
179 university, as those terms are defined in s. 1000.21(5) and (9),
180 respectively; or
181 i. A school, as defined in s. 1005.02; or
182 j. A child-serving organization.
183 Section 4. Section 627.0656, Florida Statutes, is created
184 to read:
185 627.0656 Insurance discounts for accredited child safety
186 organizations.—The office shall approve rating plans for
187 employer's liability insurance which provide an appropriate
188 reduction in premium charges to child-serving organizations as
189 defined in s. 39.01 which are certified or accredited as
190 accredited child safety organizations by the Department of
191 Children and Families under s. 39.0151(2). The plans must be
192 actuarially sound and must state the savings anticipated to
193 result from a child-serving organization becoming an accredited
194 child safety organization.
195 Section 5. Child safety and liability insurance study.—
196 (1) The Legislature finds that:
197 (a) Recent studies demonstrate that across the nation,
198 including in this state, organizations that provide services to
199 children face an existential threat to their ability to operate
200 due to the unaffordability, and on occasion unavailability, of
201 liability insurance.
202 (b) Private organizations that provide services to
203 children are essential to the well-being of families and
204 communities. Churches, synagogues, and other faith-based
205 organizations provide child care, organized activities, and
206 educational opportunities for children. Camps, scouting
207 organizations, and youth sports organizations provide children
208 with the opportunity to develop physically and mentally. Other
209 organizations provide residential care, foster care, and respite
210 care for children in difficult circumstances.
211 (c) The cost of liability insurance threatens the ability
212 of organizations to provide these services. Recently, the
213 shutdown of private foster agencies in California due to the
214 unavailability of insurance was averted only by legislative
215 intervention.
216 (d) The liability coverage affordability and availability
217 crisis for such organizations is driven by factors that include
218 social inflation; nationwide changes affecting the liability of
219 organizations for past incidents resulting in harm to children;
220 and the ongoing challenges of serving children while maintaining
221 proper procedures to screen and supervise employees and
222 volunteers, raise situational awareness of the risks of child
223 abuse within organizations, and take steps to prevent the
224 exploitation or abuse of children in their programs.
225 (e) Potential methods to ensure that private organizations
226 are able to continue carrying out their valuable work include
227 developing methods to reduce insurance rates, providing state
228 financial support to providers, and developing programs to
229 bolster child abuse and neglect prevention policies and
230 protocols within organizations.
231 (2) The Office of Program Policy Analysis and Government
232 Accountability shall conduct a study on the affordability and
233 availability of liability coverage for child-serving
234 organizations as defined in s. 39.01, Florida Statutes. The
235 office shall identify potential legislative actions that may be
236 taken to ensure the continued viability of such organizations
237 and provide a report of its findings to the President of the
238 Senate and the Speaker of the House of Representatives by July
239 1, 2027. Section 6. Subsection (1) of section 39.302, Florida
241 Statutes, is amended to read:
242 39.302 Protective investigations of institutional child
243 abuse, abandonment, or neglect.—
244 (1) The department shall conduct a child protective
245 investigation of each report of institutional child abuse,
246 abandonment, or neglect. Upon receipt of a report that alleges
247 that an employee or agent of the department, or any other entity
248 or person covered by s. 39.01(41) or (59) s. 39.01(39) or (57),
249 acting in an official capacity, has committed an act of child
250 abuse, abandonment, or neglect, the department shall initiate a
251 child protective investigation within the timeframe established
252 under s. 39.101(2) and notify the appropriate state attorney,
253 law enforcement agency, and licensing agency, which shall
254 immediately conduct a joint investigation, unless independent
255 investigations are more feasible. When conducting investigations
256 or having face-to-face interviews with the child, investigation
257 visits shall be unannounced unless it is determined by the
258 department or its agent that unannounced visits threaten the
259 safety of the child. If a facility is exempt from licensing, the
260 department shall inform the owner or operator of the facility of
261 the report. Each agency conducting a joint investigation is
262 entitled to full access to the information gathered by the
263 department in the course of the investigation. A protective
264 investigation must include an interview with the child's parent
265 or legal guardian. The department shall make a full written
266 report to the state attorney within 3 business days after making
267 the oral report. A criminal investigation shall be coordinated,
268 whenever possible, with the child protective investigation of
269 the department. Any interested person who has information
270 regarding the offenses described in this subsection may forward
271 a statement to the state attorney as to whether prosecution is
272 warranted and appropriate. Within 15 days after the completion
273 of the investigation, the state attorney shall report the
274 findings to the department and shall include in the report a
275 determination of whether or not prosecution is justified and
276 appropriate in view of the circumstances of the specific case.
277 Section 7. Paragraph (c) of subsection (1) of section
278 39.521, Florida Statutes, is amended to read:
279 39.521 Disposition hearings; powers of disposition.—
280 (1) A disposition hearing shall be conducted by the court,
281 if the court finds that the facts alleged in the petition for
282 dependency were proven in the adjudicatory hearing, or if the
283 parents or legal custodians have consented to the finding of
284 dependency or admitted the allegations in the petition, have
285 failed to appear for the arraignment hearing after proper
286 notice, or have not been located despite a diligent search
287 having been conducted.
288 (c) When any child is adjudicated by a court to be
289 dependent, the court having jurisdiction of the child has the
290 power by order to:
291 1. Require the parent and, when appropriate, the legal
292 guardian or the child to participate in treatment and services
293 identified as necessary. The court may require the person who
294 has custody or who is requesting custody of the child to submit
295 to a mental health or substance abuse disorder assessment or
296 evaluation. The order may be made only upon good cause shown and
297 pursuant to notice and procedural requirements provided under
298 the Florida Rules of Juvenile Procedure. The mental health
299 assessment or evaluation must be administered by a qualified
300 professional as defined in s. 39.01, and the substance abuse
301 assessment or evaluation must be administered by a qualified
302 professional as defined in s. 397.311. The court may also
303 require such person to participate in and comply with treatment
304 and services identified as necessary, including, when
305 appropriate and available, participation in and compliance with
306 a mental health court program established under chapter 394 or a
307 treatment-based drug court program established under s. 397.334.
308 Adjudication of a child as dependent based upon evidence of harm
309 as defined in s. 39.01(39)(g) s. 39.01(37)(g) demonstrates good
310 cause, and the court shall require the parent whose actions
311 caused the harm to submit to a substance abuse disorder
312 assessment or evaluation and to participate and comply with
313 treatment and services identified in the assessment or
314 evaluation as being necessary. In addition to supervision by the
315 department, the court, including the mental health court program
316 or the treatment-based drug court program, may oversee the
317 progress and compliance with treatment by a person who has
318 custody or is requesting custody of the child. The court may
319 impose appropriate available sanctions for noncompliance upon a
320 person who has custody or is requesting custody of the child or
321 make a finding of noncompliance for consideration in determining
322 whether an alternative placement of the child is in the child's
323 best interests. Any order entered under this subparagraph may be
324 made only upon good cause shown. This subparagraph does not
325 authorize placement of a child with a person seeking custody of
326 the child, other than the child's parent or legal custodian, who
327 requires mental health or substance abuse disorder treatment.
328 2. Require, if the court deems necessary, the parties to
329 participate in dependency mediation.
330 3. Require placement of the child either under the
331 protective supervision of an authorized agent of the department
332 in the home of one or both of the child's parents or in the home
333 of a relative of the child or another adult approved by the
334 court, or in the custody of the department. Protective
335 supervision continues until the court terminates it or until the
336 child reaches the age of 18, whichever date is first. Protective
337 supervision shall be terminated by the court whenever the court
338 determines that permanency has been achieved for the child,
339 whether with a parent, another relative, or a legal custodian,
340 and that protective supervision is no longer needed. The
341 termination of supervision may be with or without retaining
342 jurisdiction, at the court's discretion, and shall in either
343 case be considered a permanency option for the child. The order
344 terminating supervision by the department must set forth the
345 powers of the custodian of the child and include the powers
346 ordinarily granted to a guardian of the person of a minor unless
347 otherwise specified. Upon the court's termination of supervision
348 by the department, further judicial reviews are not required if
349 permanency has been established for the child.
350 4. Determine whether the child has a strong attachment to
351 the prospective permanent guardian and whether such guardian has
352 a strong commitment to permanently caring for the child.
353 Section 8. Paragraph (c) of subsection (1) of section
354 39.6012, Florida Statutes, is amended to read:
355 39.6012 Case plan tasks; services.—
356 (1) The services to be provided to the parent and the
357 tasks that must be completed are subject to the following:
358 (c) If there is evidence of harm as defined in s.
359 39.01(39)(g) s. 39.01(37)(g), the case plan must include as a
360 required task for the parent whose actions caused the harm that
361 the parent submit to a substance abuse disorder assessment or
362 evaluation and participate and comply with treatment and
363 services identified in the assessment or evaluation as being
364 necessary. Section 9. Paragraph (p) of subsection (4) of section
366 394.495, Florida Statutes, is amended to read:
367 394.495 Child and adolescent mental health system of care;
368 programs and services.—
369 (4) The array of services may include, but is not limited
370 to:
371 (p) Trauma-informed services for children who have
372 suffered sexual exploitation as defined in s. 39.01(82)(g) s.
373 39.01(80)(g).
374 Section 10. Paragraph (c) of subsection (1) of section
375 934.255, Florida Statutes, is amended to read:
376 934.255 Subpoenas in investigations of sexual offenses.—
377 (1) As used in this section, the term:
378 (c) "Sexual abuse of a child" means a criminal offense
379 based on any conduct described in s. 39.01(82) s. 39.01(80). Section 11. Subsection (5) of section 960.065, Florida
381 Statutes, is amended to read:
382 960.065 Eligibility for awards.—
383 (5) A person is not ineligible for an award pursuant to
384 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
385 person is a victim of sexual exploitation of a child as defined
386 in s. 39.01(82)(g) s. 39.01(80)(g).
387 Section 12. Subsections (1), (2), and (24) of section
388 984.03, Florida Statutes, are amended to read:
389 984.03 Definitions.—When used in this chapter, the term:
390 (1) "Abandoned" or "abandonment" has the same meaning as
391 in s. 39.01 s. 39.01(1).
392 (2) "Abuse" has the same meaning as in s. 39.01 s.
393 39.01(2).
394 (24) "Neglect" has the same meaning as in s. 39.01 s.
395 39.01(53).
396 Section 13. For the purpose of incorporating the amendment
397 made by this act to section 39.01, Florida Statutes, in a
398 reference thereto, paragraph (b) of subsection (2) of section
399 39.301, Florida Statutes, is reenacted to read:
400 39.301 Initiation of protective investigations.—
401 (2)
402 (b) As used in this subsection, the term "criminal
403 conduct" means:
404 1. A child is known or suspected to be the victim of child
405 abuse, as defined in s. 827.03, or of neglect of a child, as
406 defined in s. 827.03.
407 2. A child is known or suspected to have died as a result
408 of abuse or neglect.
409 3. A child is known or suspected to be the victim of
410 aggravated child abuse, as defined in s. 827.03.
411 4. A child is known or suspected to be the victim of
412 sexual battery, as defined in s. 827.071, or of sexual abuse, as
413 defined in s. 39.01.
414 5. A child is known or suspected to be the victim of
415 institutional child abuse or neglect, as defined in s. 39.01,
416 and as provided for in s. 39.302(1).
417 6. A child is known or suspected to be a victim of human
418 trafficking, as provided in s. 787.06.
419 Section 14. This act shall take effect July 1, 2026.