FLORIDA

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WHO:        ANYONE MUST report if they know of or reasonably suspect child abuse, abandonment, or neglect, or other lack of supervision and care.  [Stat. § 39.201]

Mandated (MUST report): • Physicians, osteopaths, medical examiners, chiropractors, nurses, or hospital personnel • Other health or mental health professionals • Practitioners who rely solely on spiritual means for healing • Teachers or other school officials or personnel • Social workers, daycare center workers, or other professional child care, foster care, residential, or institutional workers • Law enforcement officers or judges.  [Stat. § 39.201]  

·       NOTE: The mandate for professionals and the public is not limited to observations made at work. So, the mandate concerns observations by anyone any time.

·       STANDARDS: Child or youth means an unmarried person under age 18 who is not emancipated by court order.  [Stat. § 39.01(12)]  Reporting is required of ANYONE who knows or has reasonable cause to suspect:  [Stat. § 39.201] 

(1) that a child is (a) abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare OR (b) in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide it; and/or

(2)  that a child is abused by an adult other than the child’s parent, legal custodian, caregiver, or other person responsible for the child’s welfare; and/or

(3)  that a child is the victim of (a) childhood sexual abuse or (b) a known or suspected juvenile sexual offender.

·       EXEMPTION: Health care staff and pregnancy counselors are exempt from reporting that an adult age 21 or more impregnated a child under age 16, when reporting it would interfere with providing medical services.  [Stat. § 39.201(e)] 

·       PRIVILEGE: Only attorney-client and clergy-penitent privileges apply.  [Stat. § 39.204]

WHEN:      The statutes reviewed do not seem to specify timing or deadlines for reports.  The requirements by other jurisdictions in the U.S. convey that generally time is of the essence.

WHERE & HOW:   The Florida Department of Children and Families (DCF): by (a) the 24/7 Abuse Hotline; (b) fax; or (c) online reports.  [Stat. § 39.201]  Details and links are at https://www.myflfamilies.com/service-programs/abuse-hotline/#transcroller-body .

·       Emergency:          Dial 911 for emergency assistance to the child; report afterward. Official websites do not currently say this, but officials advise this.

·       Phone Report:      1 (800) 962-2873 [i.e., 1 (800) 96ABUSE; it also accommodates Spanish or Creole speakers] and press 1 for reports about abuse of children (versus other types of abuse). For TTY, dial 711 (inside Florida) or 1 (800) 955-8771.

·       Faxed Report:       1 (800) 914-0004. The preferred form for faxed reports is posted at https://www.myflfamilies.com/service-programs/abuse-hotline/docs/faxreport.pdf Phone in any urgent reports.

·       Online Report:      https://reportabuse.dcf.state.fl.us/Child/ChildForm.aspx  (Not for use in situations requiring immediate attention.)

·       BUT, anyone with reasonable cause to suspect that a child died as a result of abuse, abandonment, or neglect must report it to the medical examiner for that district. For an M.E. phone/email directory and list by county: http://www.fldme.com/districtoneme/

·       REPORT DETAILS: By law, hotline staff must ask: (a) the victim child’s name, race, sex, birth date, Social Security number, ethnicity, school, employment, address, phone number, and/or other acceptable means to locate the victim if the address is not known; (b) the relationship between victim and suspect; (c) names and contact info for anyone [witness or otherwise] who can assist the child or provide more info about the family's circumstances; (d) the type of maltreatment alleged, and nature and extent of harm to the victim, including timing or whether it is chronic and ongoing; (e) any known history of abuse, neglect, or abandonment by named persons; (f) the risk of continued maltreatment and whether the suspected abuser can still access the victim; (g) the child’s current condition; (h) other children in the environment; and (i) the reporter’s name, occupation, relationship to the child, contact info, and any other info s/he believes may help (such as rural directions, or risks to investigators).  [Admin. Code § 65C-29.002]  Hotline staff will also ask for: (j) the name, age, race, gender for all adults and children involved; (k) child’s current location; (l) the child’s disability or limitation, if any; (m) witness names, phone numbers, and/or addresses.

·       REPORTER PROTECTION:  (1) Professionals who are mandated reporters must give their names to hotline staff; other reporters will be encouraged to give their names.  [Stat. § 39.201].  (2a) The reporter’s name is not released without permission except to DCF child protective services, the hotline, law enforcement, the child protection team, or appropriate State attorney; but (2b) the reporter may be subpoenaed, if it is not disclosed that s/he reported.  [Stat. §§ 39.201; 39.202]  (3) Reporters in good faith are immune from civil and criminal liability; this does not immunize a reporter’s abuse, neglect, abandonment, or other illegal act on or against the child.  [Stat. § 39.203(1)]. 

WHY:        (1) Willful, knowing failure to make a mandated report (or preventing one) is a third degree felony punishable by < 5 years imprisonment and a $5,000 fine. Adults living in the same home are exempt from reporting only if they have mitigating circumstances, such as for victims of domestic violence. (2) Public and private colleges in Florida whose staff or law enforcement agency willfully, knowingly fail to report are fined $1,000,000 per instance.  [Stat. § 39.205(1)-(4)]  (3) Willfully, knowingly false reporting (or advising to do so) is a third degree felony punishable by < 5 years imprisonment and a $5,000 fine; DCFS may also impose a < $10,000 fine per instance.  [Stat. §§ 39.205(9); 39.206(1)]

WHAT:      Florida classifies child maltreatment as abuse, neglect, or abandonment; abuse includes physical, mental, substance-related, and sexual abuse.  [Stat. § 39.01]

Initial Screening Criteria: The child is: (a) under age 18; (b) residing in or located in Florida at the time of the allegation; (c) NOT an unborn or stillborn child; (d) the alleged perpetrator is a caregiver, defined as a parent, legal custodian, adult household member, or other person responsible for a child’s welfare; and (e) the allegation meets the statutory definition of child abuse, neglect, abandonment, or harm.  [Stat. §§ 39.201; 39.301; Admin. Code § 65C-29.002]  Reports from parents or legal custodians on their own behalf may be accepted even if they do not meet the criteria.  [Stat. §§ 39.201(2)(b)]

·       Reports of lawfully surrendered infants ARE accepted, but NOT as maltreatment unless appropriate. [Stat. § 39.201(2)(g)] 

·       Reports where perpetrator and child are out-of-state are transferred to the home jurisdiction UNLESS the child is at a Florida medical facility.  [Stat. § 39.201(2)(d)] 

Reportable: (a) a parent, legal custodian, caregiver, or other person responsible for a child suspected of abuse, abandonment, or neglect; (b) any other adult suspected of abuse; (c) any institution KNOWN to have abuse or neglect; and (d) another juvenile suspected of inappropriate sexual behavior toward a child (it MUST be reported if either child is in DCF custody or supervision).  [Stat. § 39.201(2)(a)-(g)]

·       Caregiver here means: (a) a parent, legal custodian, permanent guardian, or adult household member; or (b) other person responsible for the child. Other person responsible means: (i) a legal guardian or foster parent; (ii) employee of a private school, public or private daycare center, residential home, institution, facility, or agency; (iii) law enforcement officer in any facility, service, or program for children, operated or contracted by the Dept. of Juvenile Justice; (iv) anyone else legally responsible for the child in a residential setting; or (v) an entrusted adult sitter or relative; but does not otherwise include law enforcement, detention, or corrections staff who are acting officially.  [Stat. §§ 39.01(10),(54)]

Abuse is (a) any willful or threatened (b) act or omission that (c) results in any physical, mental, or sexual (d) abuse, injury, or harm that (e) causes (or is likely to) (f) significant impairment of a child’s (g) physical, mental, or emotional health.  [Stat. § 39.01(2)]

(A)     Corporal discipline by a parent or legal custodian is NOT abuse when it does not result in harm to the child.   [Stat. § 39.01(2),(35)(a)(4)] 

(1)   EXCESSIVE / INAPPROPRIATE / ABUSIVE discipline means likely to result in physical, mental, or emotional injury. Its significance depends on (a) the child’s age and (b) the type, site, number, and history of injuries.

(2)   PHYSICAL examples include: (a) sprains, dislocations, or cartilage damage; (b) bone or skull fractures; (c) brain or spinal cord damage; (d) intracranial hemorrhage or other injury to organs; (e) asphyxiation, suffocation, or drowning; (f) injury from a deadly weapon; (g) burns or scalding; (h) cuts, lacerations, punctures, or bites; (i) permanent or temporary disfigurement; (j) permanent or temporary loss or impairment of a body part or function; and (k) bruises or welts.

(B)     Harm to a child’s health or welfare is where anyone inflicts or allows physical, mental, or emotional injury, such as by: (a) intentional acts with serious injury, regardless of intent; (b) poison, alcohol, drugs, etc.; (c) lack of age- and condition-appropriate adult supervision; (d) inappropriate or excessively harsh discipline; (e) committing or permitting sexual battery; (f) allowing, committing or forcing sexual exploitation; (g) child labor with unnecessary pain, anguish, endangerment, or injury; (h) abandonment; (i) neglect; (j) exposure to a controlled substance or alcohol; (k) control by devices, restraints or extended isolation; (l) violent, wanton disregard for safety; (m) negligent failure to protect from another; (n) allowing a child’s sibling to die from abuse, abandonment, or neglect; and (o) keeping a child from protective investigation (unless fleeing from domestic violence).  [Stat. § 39.01(35)(a)(1)]  

(C)    Mental injury hurts the (a) intellectual or psychological capacity of a child, as evidenced by (b) a discernible and substantial impairment in the ability to function within the (c) normal range of performance and behavior.  [Stat. § 39.01(48)]  

(D)    Birthing a new child into a family is deemed abuse, when the parent or caregiver is officially deemed to lack protective capacity and has not (yet) qualified for other children to be returned to the home.  [Stat. § 39.01(2)]

(E)     Sexual Abuse of a child means to (intentionally): (1) penetrate a person’s penis in a vagina or anus even slightly, regardless of emission; (2) contact a person’s mouth or tongue with another’s genitals or anus; (3) intrude a thing or object into another’s genitals or anus, non-medically; (4) touch the child’s or perpetrator’s intimate parts (breasts, genitals, groin, inner thigh, buttocks, or clothing on them) apart from (4a) normal caregiver responsibility, interaction, or affection, or (4b) a valid medical purpose; (5) masturbate the perpetrator in the child’s presence; (6) expose the perpetrator's genitals or do another sexual act in the child’s presence, to arouse, gratify, show aggression, or degrade; or (7) sexually exploit by allowing, encouraging, or forcing a child to (7a) solicit or engage in prostitution, (7b) engage in a sexual performance, or (7c) participate in human trafficking.  [Stat. § 39.01(77)]

(1)     CONTEXT: INCEST involves marriage or opposite-sex vaginal intercourse with even slight penetration, regardless of emission, knowing that the other person is: (a) related by lineal consanguinity [meaning, a direct descendant or ancestor such as a parent, grandparent, child, grandchild, etc., by blood]; or is his/her: (b) brother or sister; (c) uncle or aunt; or (d) nephew or niece.  [Stat. § 826.04]

(2)     CONTEXT: THE AGE OF CONSENT is 18 for relationships where sex is not unlawful). A child age 16 or 17 who is or was married may consent. Others age 16 or 17 may consent to non-penetrative sexual contact with persons at least age 16 but not over age 23.  [Stat. §§ 794.011; 794.05]

Abandonment means that an able parent, legal custodian, or responsible person did not: (a) significantly contribute to the child’s care and maintenance; or (b) establish or maintain a substantial positive relationship (e.g., by frequent, regular visits or communication, or exercising parental rights and duties).  [Stat. §§ 39.01(1);(35)(e)]  

(A)     The parent etc. must do more than: (a) marginal efforts; (b) incidental or token visits or communications; (c) a man’s acknowledgement of paternity; (d) birth parentage of a surrendered newborn infant; or (e) (leaving) a child or a family “in need of services”.

(B)     Incarceration of a parent, legal custodian, or caregiver may be abandonment.

Neglect is by act or omission: (1) causing or allowing deprivation of needed food, clothing, shelter, or medical care; and/or (2) permitting a living environment that significantly impairs or endangers a child’s physical, mental, or emotional health.  [Stat. § 39.01(50)]  

(A)     Poverty is not neglect per se. Neglect is where the [caregiver]: (1) had financial means; or (2) was offered and rejected actual services for relief.  [Stat. § 39.01(50)]

(B)     Medical neglect is failure to: (a) provide or allow practitioner-recommended care for a need; or (b) seek timely, appropriate care for a serious need that a reasonable person would recognize as requiring professional medical care.  [Stat. § 39.01(47)]

(1)     EFFORTS: It is not neglect if (a) a parent or legal guardian made reasonable efforts for an expected medical condition, and (b) advised care has limited net benefit and morbidity or side effects, or advice conflicted.  [Stat. § 39.01(47)]

(2)     RELIGION: It is not neglect if a parent or legal custodian skips treating a child due to a recognized religion. But courts may intervene.  [Stat. § 39.01(50)(a),(b)]