SESSION WATCH
Died SENATE · SESSION 2026

No. SB 438

Child Welfare
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SPONSOR
Leek
FILED BY
Thomas J. Leek — District 7, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Children
OFFICIAL RECORD
flsenate.gov/Session/Bill/2026/438

Filed under Criminal Justice.

PROVIDED SUMMARY

Child Welfare; Providing a rebuttable presumption of detriment to a child under certain circumstances; requiring that certain visitation or contact be supervised by a person who has received certain training; requiring that a shelter hearing take place within a specified period under certain circumstances; requiring that certain children placed in a shelter be referred to a provider of trauma-informed therapeutic services, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Mandates 24-hour shelter hearings and supervised visitation for children of incapacitated parents.

When a parent is arrested for killing or incapacitating the other parent, the court must hold a shelter hearing within 24 hours. This ensures the child is not left in unsafe custody while the investigation proceeds.

Visitation with a parent who has been arrested for parricide or attempted parricide must be supervised by a person trained in the dynamics of child sexual abuse or parricide. This prevents the child from being influenced or further harmed during contact.

Children placed in a shelter following these specific hearings must be referred to a provider of trauma-informed therapeutic services. This ensures the child receives immediate mental health support tailored to their specific trauma.

The bill adds a new definition of "incapacitated" to the child welfare statutes. This allows the law to apply to parents who are unable to care for their children due to mental or physical incapacity, not just those who are deceased.

KEY PROVISIONS
§ 1 Mandatory 24-hour shelter hearing for children of incapacitated parents majors. 39.402(3)

AICourts must hold a shelter hearing within 24 hours of custody if a parent is arrested for murder or incapacitating violence against the other parent.

“A shelter hearing must take place within 24 hours after a child is taken into custody if: (a) The child's parent or legal custodian has been arrested for an offense under s. 782.04” bill text, line 120 →
§ 2 Mandatory referral to trauma-informed therapeutic services majors. 39.402(12)(e)

AIChildren placed in shelters after these specific hearings must be referred to trauma-informed therapeutic services.

“the child must be referred to a provider of trauma-informed therapeutic services, which may be: 1. A licensed private provider selected by the child's legal custodian” bill text, line 138 →
§ 3 Expanded presumption of detriment for parricide arrests majors. 39.0139(3)(a)

AICourts presume visitation is detrimental if a parent is arrested for murder or incapacitating violence against the other parent.

“A parent or caregiver is arrested for an offense under s. 782.04 or s. 782.07 when the victim of the offense is the child's other parent” bill text, line 88 →
§ 4 Supervised visitation training requirement for parricide cases moderates. 39.0139(5)(a)

AIVisitation supervisors must have special training in the dynamics of child sexual abuse or parricide, as applicable.

“Supervised by a person who has previously received special training in the dynamics of child sexual abuse or parricide, as applicable” bill text, line 99 →
§ 5 Renumbering of child welfare definitions moderates. 39.01(39)

AIUpdates cross-references to reflect new definition numbering for incapacitated persons and institutional abuse.

“"Incapacitated" means a person determined by a licensed physician or other qualified professional to be unable to care for his or her child” bill text, line 31 →
TIMELINE
3/13/2026
Died in Children, Families, and Elder Affairs
1/13/2026
Introduced
12/1/2025
Referred to Children, Families, and Elder Affairs; Appropriations...
11/7/2025
Filed
STATUTES IT CHANGES
s. 39.01
+59 / −3
s. 39.0139
+119 / −1
s. 39.402
+197 / −6
s. 39.302
+4 / −4
s. 394.495
+2 / −2
s. 934.255
+2 / −2