HB 499 full text · Session Watch

1 A bill to be entitled

2 An act relating to dependent children; providing a

3 short title; amending s. 39.01, F.S.; defining the

4 term "incapacitated parent or legal custodian";

5 amending s. 39.0139, F.S.; revising legislative

6 findings and intent; providing additional situations

7 in which a rebuttable presumption of detriment is

8 created; requiring certain guardians ad litem and

9 attorneys ad litem to have special training in

10 parricide; requiring certain persons to provide to the

11 court and certain agencies and persons access to

12 certain records of a child; requiring visitation or

13 other contact to be supervised by a person who has

14 special training in parricide; requiring the court to

15 refer certain children to specified trauma-informed

16 therapeutic services; amending s. 39.401, F.S.;

17 providing additional reasons a law enforcement officer

18 or authorized agent of the Department of Children and

19 Families can take a child into custody; amending s.

20 39.402, F.S.; requiring a hearing before placing

21 certain children in a shelter; amending ss. 39.302,

22 394.495, 934.255, 960.065, and 984.03, F.S.;

23 conforming cross-references; providing an effective

24 date.

26 Be It Enacted by the Legislature of the State of Florida:

28 Section 1. This act may be cited as "Ellie's Law."

29 Section 2. Subsections (39) through (91) of section 39.01, Florida Statutes, are renumbered as subsections (40) through

31 (92), respectively, subsection (10) and present subsection (39)

32 are amended, and a new subsection (39) is added to that section,

33 to read:

34 39.01 Definitions.—When used in this chapter, unless the

35 context otherwise requires:

36 (10) "Caregiver" means the parent, legal custodian,

37 permanent guardian, adult household member, or other person

38 responsible for a child's welfare as defined in subsection (58)

39 ~~(57).~~

40 (39) "Incapacitated parent or legal custodian" means a

41 person who has been found by a licensed physician or other

42 qualified professional to be unable to care for his or her child

43 because of a physical or mental incapacity or some other

44 incapacity that prevents the parent or legal custodian from

45 making informed decisions regarding the child's welfare,

46 including, but not limited to, providing for the child's health

47 and safety.

48 ~~(40)(39)~~ "Institutional child abuse or neglect" means

49 situations of known or suspected child abuse or neglect in which

50 the person allegedly perpetrating the child abuse or neglect is

51 an employee of a public or private school, public or private day

52 care center, residential home, institution, facility, or agency

53 or any other person at such institution responsible for the

54 child's welfare as defined in subsection (58) ~~(57).~~ Section 3. Paragraphs (a) and (b) of subsection (6) of

56 section 39.0139, Florida Statutes, are redesignated as

57 paragraphs (b) and (c), respectively, paragraph (a) of

58 subsection (2), paragraph (a) of subsection (3), and subsections

59 (4) and (5) are amended, and a new paragraph (a) is added to

60 subsection (6) of that section, to read:

61 39.0139 Visitation or other contact; restrictions.—

62 (2) LEGISLATIVE FINDINGS AND INTENT.—

63 (a) The Legislature finds that:

64 1. For some children who are abused, abandoned, or

65 neglected by a parent or other caregiver, abuse may include

66 sexual abuse, parricide, or attempted parricide.

67 2. These same children are at risk of suffering from

68 further harm during visitation or other contact.

69 3. Visitation or other contact with the child may be used

70 to influence the child's testimony.

71 (3) PRESUMPTION OF DETRIMENT.—

72 (a) A rebuttable presumption of detriment to a child is

73 created when:

74 1. A court of competent jurisdiction has found probable

75 cause exists that a parent or caregiver has sexually abused a

76 child as defined in s. 39.01;

77 2. A parent or caregiver has been found guilty of,

78 regardless of adjudication, or has entered a plea of guilty or

79 nolo contendere to, charges under the following statutes or

80 substantially similar statutes of other jurisdictions:

81 a. Section 787.04, relating to removing minors from the

82 state or concealing minors contrary to court order;

83 b. Section 794.011, relating to sexual battery;

84 c. Section 798.02, relating to lewd and lascivious

85 behavior;

86 d. Chapter 800, relating to lewdness and indecent

87 exposure;

88 e. Section 826.04, relating to incest; or

89 f. Chapter 827, relating to the abuse of children;

90 3.a. A parent or legal custodian of a child has been

91 arrested for any offense under s. 782.04 and the victim of the

92 offense is the other parent or legal custodian of the child;

93 b. The parent or legal custodian of a child has been

94 arrested for any offense under s. 770.04, s. 777.04, s. 782.04,

95 s. 782.051, or s. 782.07 and the victim of the offense is the

96 parent or legal custodian of the child and such person is now

97 considered an incapacitated parent or legal custodian; or

98 4.3. A court of competent jurisdiction has determined a

99 parent or caregiver to be a sexual predator as defined in s.

100 775.21 or a parent or caregiver has received a substantially

101 similar designation under laws of another jurisdiction.

102 (4) HEARINGS.—A person who meets any of the criteria set

103 forth in paragraph (3)(a) who seeks to begin or resume contact

104 with the child victim has ~~shall have~~ the right to an evidentiary

105 hearing to determine whether contact is appropriate.

106 (a) Before the hearing, the court shall appoint a guardian

107 ad litem for the child if one has not already been appointed.

108 The guardian ad litem and attorney ad litem, if one is

109 appointed, must have special training in the dynamics of child

110 sexual abuse and parricide.

111 (b) At the hearing, the court may receive and rely upon

112 any relevant and material evidence submitted to the extent of

113 its probative value, including written and oral reports or

114 recommendations from the Child Protection Team, the child's

115 therapist, the child's guardian ad litem, or the child's

116 attorney ad litem, if one is appointed, even if these reports,

117 recommendations, and evidence may not be admissible under the

118 rules of evidence.

119 (c) At the hearing, if the person meeting the criteria of

120 paragraph (3)(a) is the child's parent or legal custodian, the

121 court shall request that the parent or legal custodian provide

122 the court, the department or its contracted agencies, the

123 guardian ad litem, and attorney ad litem, if one is appointed,

124 access to the child's medical records, child care records, early

125 education program records, and other educational records. If the

126 parent or legal custodian is unavailable or unable to consent or

127 withholds consent to such records and the court determines that

128 access to the records is necessary to provide services to the

129 child, the court must issue an order granting access to the

130 necessary records.

131 (d)(c) If the court finds the person proves by clear and

132 convincing evidence that the safety, well-being, and physical,

133 mental, and emotional health of the child is not endangered by

134 such visitation or other contact, the presumption in subsection

135 (3) is rebutted and the court may allow visitation or other

136 contact. The court shall enter a written order setting forth

137 findings of fact and specifying any conditions it finds

138 necessary to protect the child.

139 (e)(d) If the court finds the person did not rebut the

140 presumption established in subsection (3), the court shall enter

141 a written order setting forth findings of fact and prohibiting

142 or restricting visitation or other contact with the child.

143 (5) CONDITIONS.—Any visitation or other contact ordered

144 under paragraph (4)(e) must ~~(4)(d) shall~~ be:

145 (a) Supervised by a person who has previously received

146 special training in the dynamics of child sexual abuse and

147 parricide; or

148 (b) Conducted in a supervised visitation program, provided

149 that the program has an agreement with the court and a current

150 affidavit of compliance on file with the chief judge of the

151 circuit in which the program is located affirming that the

152 program has agreed to comply with the minimum standards

153 contained in the administrative order issued by the Chief

154 Justice of the Supreme Court on November 17, 1999, and provided

155 the program has a written agreement with the court and with the

156 department as described in s. 753.05 containing policies and

157 guidelines specifically related to referrals involving child

158 sexual abuse and parricide.

159 (6) ADDITIONAL CONSIDERATIONS.—

160 (a) Once a rebuttable presumption of detriment has arisen

161 under subsection (3), the court shall refer the child to one of

162 the following trauma-informed therapeutic services:

163 1. A licensed private provider selected by the child's

164 legal custodian or guardian ad litem; or

165 2. A state-funded program administered by the department

166 or a community-based care lead agency through a child victim

167 advocacy program.

168 Section 4. Paragraph (b) of subsection (1) of section

169 39.401, Florida Statutes, is amended to read:

170 39.401 Taking a child alleged to be dependent into

171 custody; law enforcement officers and authorized agents of the

172 department.—

173 (1) A child may only be taken into custody:

174 (b) By a law enforcement officer, or an authorized agent

175 of the department, if the officer or authorized agent has

176 probable cause to support a finding:

177 1. That the child has been abused, neglected, or

178 abandoned, or is suffering from or is in imminent danger of

179 illness or injury as a result of abuse, neglect, or abandonment;

180 2. That the parent or legal custodian of the child has

181 materially violated a condition of placement imposed by the

182 court;

183 3. That the parent or legal custodian of the child has

184 been arrested for any offense under s. 782.04 and the victim of

185 the offense is the other parent or legal custodian of the child;

186 4. The parent or legal custodian of the child has been

187 arrested for any offense under s. 770.04, s. 777.04, s. 782.04,

188 s. 782.051, or s. 782.07 and the victim of the offense is the

189 parent or legal custodian of the child and such person is now

190 considered an incapacitated parent or legal custodian; or

191 5.3. That the child has no parent, legal custodian, or

192 responsible adult relative immediately known and available to

193 provide supervision and care.

194 Section 5. Subsections (2) through (18) of section 39.402,

195 Florida Statutes, are renumbered as subsections (3) through

196 (19), respectively, present subsection (2), subsection (4), and

197 paragraph (h) of subsection (8) are amended, and a new

198 subsection (2) is added to that section, to read:

199 39.402 Placement in a shelter.—

200 (2) Notwithstanding a finding of probable cause, a child

201 may not be placed in a shelter without a hearing if:

202 (a) The parent or legal custodian of the child has been

203 arrested for any offense under s. 782.04 and the victim of the

204 crime is the other parent or legal custodian of the child; or

205 (b) The parent or legal custodian of the child has been

206 arrested for any offense under s. 770.04, s. 777.04, s. 782.04,

207 s. 782.051, or s. 782.07 and the victim of the crime is the

208 parent or legal custodian of the child and such person is now

209 considered an incapacitated parent or legal custodian.

210 (3)(2) A child taken into custody may be placed or

211 continued in a shelter only if one or more of the criteria in

212 subsection (1) or subsection (2) applies and the court has made

213 a specific finding of fact regarding the necessity for removal

214 of the child from the home and has made a determination that the

215 provision of appropriate and available services will not

216 eliminate the need for placement.

217 (5)(4) If the department determines that placement in a

218 shelter is necessary under subsection (1), subsection (2), or

219 subsection (3) ~~subsections (1) and (2),~~ the authorized agent of

220 the department shall authorize placement of the child in a

221 shelter.

222 (8)

223 (h) The order for placement of a child in shelter care

224 must identify the parties present at the hearing and must

225 contain written findings:

226 1. That placement in shelter care is necessary based on

227 the criteria in subsection (1), subsection (2), or subsection

228 (3) ~~subsections (1) and (2).~~

229 2. That placement in shelter care is in the best interest

230 of the child.

231 3. That continuation of the child in the home is contrary

232 to the welfare of the child because the home situation presents

233 a substantial and immediate danger to the child's physical,

234 mental, or emotional health or safety which cannot be mitigated

235 by the provision of preventive services.

236 4. That based upon the allegations of the petition for

237 placement in shelter care, there is probable cause to believe

238 that the child is dependent or that the court needs additional

239 time, which may not exceed 72 hours, in which to obtain and

240 review documents pertaining to the family in order to

241 appropriately determine the risk to the child.

242 5. That the department has made reasonable efforts to

243 prevent or eliminate the need for removal of the child from the

244 home. A finding of reasonable effort by the department to

245 prevent or eliminate the need for removal may be made and the

246 department is deemed to have made reasonable efforts to prevent

247 or eliminate the need for removal if:

248 a. The first contact of the department with the family

249 occurs during an emergency;

250 b. The appraisal of the home situation by the department

251 indicates that the home situation presents a substantial and

252 immediate danger to the child's physical, mental, or emotional

253 health or safety which cannot be mitigated by the provision of

254 preventive services;

255 c. The child cannot safely remain at home, either because

256 there are no preventive services that can ensure the health and

257 safety of the child or because, even with appropriate and

258 available services being provided, the health and safety of the

259 child cannot be ensured; or

260 d. The parent or legal custodian is alleged to have

261 committed any of the acts listed as grounds for expedited

262 termination of parental rights in s. 39.806(1)(f)-(i).

263 6. That the department has made reasonable efforts to

264 place the child in order of priority as provided in s. 39.4021

265 unless such priority placement is not a placement option or in

266 the best interest of the child based on the criteria and factors

267 set out in s. 39.01375.

268 7. That the department has made reasonable efforts to keep

269 siblings together if they are removed and placed in out-of-home

270 care unless such placement is not in the best interest of each

271 child. It is preferred that siblings be kept together in a

272 foster home, if available. Other reasonable efforts shall

273 include short-term placement in a group home with the ability to

274 accommodate sibling groups if such a placement is available. The

275 department shall report to the court its efforts to place

276 siblings together unless the court finds that such placement is

277 not in the best interest of a child or his or her sibling.

278 8. That the court notified the parents, relatives that are

279 providing out-of-home care for the child, or legal custodians of

280 the time, date, and location of the next dependency hearing and

281 of the importance of the active participation of the parents,

282 relatives that are providing out-of-home care for the child, or

283 legal custodians in all proceedings and hearings.

284 9. That the court notified the parents or legal custodians

285 of their right to counsel to represent them at the shelter

286 hearing and at each subsequent hearing or proceeding, and the

287 right of the parents to appointed counsel, pursuant to the

288 procedures set forth in s. 39.013.

289 10. That the court notified relatives who are providing

290 out-of-home care for a child as a result of the shelter petition

291 being granted that they have the right to attend all subsequent

292 hearings, to submit reports to the court, and to speak to the

293 court regarding the child, if they so desire.

294 11. That the department has placement and care

295 responsibility for any child who is not placed in the care of a

296 parent at the conclusion of the shelter hearing.

297 Section 6. Subsection (1) of section 39.302, Florida

298 Statutes, is amended to read:

299 39.302 Protective investigations of institutional child

300 abuse, abandonment, or neglect.—

301 (1) The department shall conduct a child protective

302 investigation of each report of institutional child abuse,

303 abandonment, or neglect. Upon receipt of a report that alleges

304 that an employee or agent of the department, or any other entity

305 or person covered by s. 39.01(40) or (58) ~~s. 39.01(39) or (57),~~

306 acting in an official capacity, has committed an act of child

307 abuse, abandonment, or neglect, the department shall initiate a

308 child protective investigation within the timeframe established

309 under s. 39.101(2) and notify the appropriate state attorney,

310 law enforcement agency, and licensing agency, which shall

311 immediately conduct a joint investigation, unless independent

312 investigations are more feasible. When conducting investigations

313 or having face-to-face interviews with the child, investigation

314 visits shall be unannounced unless it is determined by the

315 department or its agent that unannounced visits threaten the

316 safety of the child. If a facility is exempt from licensing, the

317 department shall inform the owner or operator of the facility of

318 the report. Each agency conducting a joint investigation is

319 entitled to full access to the information gathered by the

320 department in the course of the investigation. A protective

321 investigation must include an interview with the child's parent

322 or legal guardian. The department shall make a full written

323 report to the state attorney within 3 business days after making

324 the oral report. A criminal investigation shall be coordinated,

325 whenever possible, with the child protective investigation of

326 the department. Any interested person who has information

327 regarding the offenses described in this subsection may forward

328 a statement to the state attorney as to whether prosecution is

329 warranted and appropriate. Within 15 days after the completion

330 of the investigation, the state attorney shall report the

331 findings to the department and shall include in the report a

332 determination of whether or not prosecution is justified and

333 appropriate in view of the circumstances of the specific case.

334 Section 7. Paragraph (p) of subsection (4) of section

335 394.495, Florida Statutes, is amended to read:

336 394.495 Child and adolescent mental health system of care;

337 programs and services.—

338 (4) The array of services may include, but is not limited

339 to:

340 (p) Trauma-informed services for children who have

341 suffered sexual exploitation as defined in s. 39.01(81)(g) s.

342 ~~39.01(80)(g).~~

343 Section 8. Paragraph (c) of subsection (1) of section

344 934.255, Florida Statutes, is amended to read:

345 934.255 Subpoenas in investigations of sexual offenses.—

346 (1) As used in this section, the term:

347 (c) "Sexual abuse of a child" means a criminal offense

348 based on any conduct described in s. 39.01(81) ~~s. 39.01(80).~~

349 Section 9. Subsection (5) of section 960.065, Florida

350 Statutes, is amended to read:

351 960.065 Eligibility for awards.—

352 (5) A person is not ineligible for an award pursuant to

353 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that

354 person is a victim of sexual exploitation of a child as defined

355 in s. 39.01(81)(g) ~~s. 39.01(80)(g).~~

356 Section 10. Subsection (24) of section 984.03, Florida

357 Statutes, is amended to read:

358 984.03 Definitions.—When used in this chapter, the term:

359 (24) "Neglect" has the same meaning as in s. 39.01 s.

360 ~~39.01(53).~~

361 Section 11. This act shall take effect July 1, 2026.