This bill amends various sections of Florida Statutes related to child welfare, introducing new definitions and requirements aimed at enhancing the protection of children in situations of abuse or neglect. A key addition is the definition of "incapacitated," which refers to a person unable to care for their child due to mental, physical, or other incapacity as determined by a qualified professional. The bill also establishes a rebuttable presumption of detriment to a child in specific circumstances, such as when a parent or caregiver has been arrested for serious offenses against the child's other parent or legal custodian. Additionally, it mandates that visitation or contact with children in these cases be supervised by trained individuals and that children placed in shelters receive trauma-informed therapeutic services.

Further amendments include the requirement for shelter hearings to occur within 24 hours if a child's parent or legal custodian has been arrested for certain violent offenses. The bill also revises legislative findings to emphasize the risks children face during visitation with potentially harmful caregivers. Cross-references in various sections of the law are updated to reflect these changes, ensuring consistency throughout the statutes. The act is set to take effect on July 1, 2026.

Statutes affected:
S 438 Filed: 39.302, 394.495, 934.255, 960.065, 984.03