HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7039 PCB CFS 21-01 Child Welfare
SPONSOR(S): Health & Human Services Committee, Children, Families & Seniors Subcommittee, Altman
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Children, Families & Seniors 17 Y, 0 N Woodruff Brazzell
Subcommittee
1) Health Care Appropriations Subcommittee 15 Y, 0 N Fontaine Clark
2) Health & Human Services Committee 19 Y, 0 N, As CS Woodruff Calamas
SUMMARY ANALYSIS
The Department of Children and Families (DCF) mission is to work in partnership with local communities to protect
the vulnerable, promote strong and economically self-sufficient families, and advance personal and family
recovery and resiliency. DCF must also deliver services by contract through private providers, including
community-based care lead agencies (CBCs) delivering child welfare services and managing entities (MEs)
delivering behavioral health services.
Florida’s child welfare system identifies children and families in need of services through reports to the central
abuse hotline (hotline) and child protective investigations. DCF and CBCs work with those families to address the
problems endangering children, if possible. If the problems cannot be addressed, the child welfare system finds
safe out-of-home placements for these children.
The bill amends laws related to DCF contracts with CBCs and MEs to increase transparency regarding salaries,
funding and conflicts of interest, and requires CBCs and MEs to identify themselves as DCF contractors on their
documents and promotional literature. The bill also increases case management performance transparency and
authorizes an alternative plan for community-based services if DCF cannot contract with a CBC in a service area.
The bill reorganizes, relocates, and amends current law related to the hotline by separating provisions on the
hotline’s operation and maintenance from those related to reporting requirements, adding an animal control officer
or agent to those who must disclose his or her name when making a report, and requiring DCF to comply with new
requirements relating to reports of juvenile sexual abuse or a child who has exhibited inappropriate sexual
behavior. It also authorizes the Agency for Health Care Administration to receive reports of abuse and neglect and
requires DCF to grant access to confidential and exempt records to a legislative committee within seven days,
upon request.
The bill increases supports for foster parents and kinship caregivers by requiring DCF to establish a Foster
Information Center. It also allows the Office of Criminal Conflict and Civil Regional Counsels to establish a
multidisciplinary legal representation model program to serve families in the dependency system.
The bill requires child protective investigators to continually evaluate the safety of children during investigations
and requires an additional investigation of sexual abuse in out-of-home placements. The bill includes a description
of children’s advocacy center services and specifies that critical incident rapid response teams can include an
expert in sexual abuse for certain cases.
The bill also makes changes to statute to align with new federal requirements regarding Title IV-E funding.
The bill has an indeterminate, but likely insignificant, fiscal impact on DCF and no impact on local government.
The bill provides an effective date of July 1, 2021.
FULL ANALYSIS
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/21/2021
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Department of Children and Families
The Department of Children and Families (DCF) mission is to work in partnership with local
communities to protect the vulnerable, promote strong and economically self-sufficient families, and
advance personal and family recovery and resiliency.1 DCF must develop a strategic plan to fulfill its
mission and establish measureable goals, objectives, performance standards, and quality assurance
requirements to ensure the department is accountable to taxpayers.2
Under s. 20.19(4), F.S., DCF must provide services relating to:
Adult protection.
Child care regulation.
Child welfare.
Domestic violence.
Economic self-sufficiency.
Homelessness.
Mental health.
Refugees.
Substance abuse.
DCF must also deliver services by contract through private providers to the extent allowed by law and
funding.3 These private providers include community-based care lead agencies (CBCs) delivering child
welfare services and managing entities (MEs) delivering behavioral health services.
Florida’s Child Welfare System
Chapter 39, F.S., creates the dependency system charged with protecting child welfare. Florida’s child
welfare system identifies children and families in need of services through reports to the central abuse
hotline and child protective investigations. DCF and CBCs work with those families to address the
problems endangering children, if possible. If the problems cannot be addressed, the child welfare
system finds safe out-of-home placements for these children.
DCF’s practice model is based on the safety of the child within the home by using in-home services,
such as parenting coaching and counseling, to maintain and strengthen that child’s natural supports in
his or her environment.
DCF contracts for case management, out-of-home services, and related services with CBCs. The
outsourced provision of child welfare services is intended to increase local community ownership of
service delivery and design. CBCs contract with a number of subcontractors for case management and
direct care services to children and their families. There are 17 CBCs statewide, which together serve
the state’s 20 judicial circuits.
DCF remains responsible for a number of child welfare functions, including operating the central abuse
hotline.4 Ultimately, DCF is responsible for program oversight and the overall performance of the child
welfare system.5
Dependency System Process
1 S. 20.19(1), F.S.
2 Id.
3 Id.
4 OPPAGA, report 06-50.
5 Id.
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When a child is in danger of, or has suffered from, abuse, abandonment or neglect, the dependency
system is set up to protect the child’s welfare. The dependency process includes, among other things:
A report to the central abuse hotline.
A child protective investigation to determine the safety of the child.
The court finding the child dependent.
Case planning to address the problems resulting in the child’s dependency.
Reunification with the child’s parent or another option to establish permanency, such as
adoption.
Central Abuse Hotline
DCF operates the Florida central abuse hotline (hotline), which accepts reports 24 hours a day, seven
days a week, of known or suspected child abuse, abandonment or neglect.6 Statute mandates any
person who knows or suspects that a child is abused, abandoned, or neglected to report such
knowledge or suspicion to the hotline.7 A child protective investigation begins if the hotline determines
the allegations meet the statutory definition of abuse, abandonment or neglect.8 A child protective
investigator either verifies,9 does not substantiate,10 or finds no indicators of abuse or neglect after a
child protective investigation.11 When a report made to the hotline does not allege abuse, neglect, or
abandonment, DCF refers the reporter to other organizations that may better resolve the reporter’s
concerns. The following graphic displays the total number of hotline reports, how many reports were
accepted for an investigation and how many children were served, either in-home or out-of-home, after
an investigation during FY 2019-20.12
6 S. 39.201(5), F.S.
7 S. 39.201(1)(a), F.S.
8 S. 39.201(2)(a), F.S.
9 “Verified” findings are when a preponderance the evidence results in a determination the specific harm or threat of harm was the
result of abuse, abandonment or neglect. These findings require the investigator to take action to protect the child. See Florida
Department of Children and Families, CF Operating Procedure No. 170-5.
10 “Not substantiated” findings result from an investigation when there is credible evidence which does not meet the standard or being a
preponderance to support that the specific harm was the result of abuse, abandonment, or neglect. See Florida Department of Children
and Families, CF Operating Procedure No. 170-5.
11 “No indicators” findings result when there is no credible evidence to support the allegations of abuse, abandonment, or neglect. See
Florida Department of Children and Families, CF Operating Procedure No. 170-5.
12 Florida Department of Children and Families, Child Welfare Key Indicators Monthly Report (Feb. 2021),
http://centerforchildwelfare.fmhi.usf.edu/qa/cwkeyindicator/KI_Monthly_Report_Feb%202021.pdf (last visited Mar. 11, 2021).
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The hotline must operate in a manner that will allow DCF to:
Immediately identify prior cases or reports through utilizing a tracking system.
Monitor and evaluate the effectiveness of DCF’s reporting and investigation program through
the development and use of statistical and other information.
Track critical steps in the investigative process to ensure compliance with all reporting
requirements.
Collect, analyze, and produce statistical reports, including an aggregate report on patterns of
child abuse, abandonment, and neglect, including child-on-child sexual abuse.
Prepare separate reports, as required under s. 39.201(4)(d), F.S., of child abuse and sexual
abuse which are reported from or occurred on the campus of any Florida College System
institution,13 state university,14 or nonpublic college, university, or school, as defined in ss.
1000.21 and 1005.02, F.S.
Provide resources for the evaluation, management, and planning of preventive and remedial
services for children who are have been subject to abuse, abandonment, or neglect.
13 S. 1000.21(3), F.S., provides “Florida College System institution” except as otherwise specifically provided, includes a list of specified
public postsecondary educational institutions in the Florida College System and any branch campuses, centers, or other affiliates of the
institution, including, for instance, Eastern Florida State College, which serves Brevard County, and Broward College, which serves
Broward County.
14 S. 1000.21(6), F.S., provides “State University”, except as otherwise specifically provided, includes a list of specified institutions and
any branch campuses, centers, or other affiliates of the institution, including, for instance, The University of Florida, The Florida State
University and The Florida Agricultural and Mechanical University.
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Initiate and enter into agreements with other states to gather and share information contained in
reports on child maltreatment.15
Information received by the hotline may not be used for employment screening except in specified
instances.16 As part of DCF’s quality assurance program, it must review hotline reports to analyze when
there are three or more unaccepted reports to identify patterns and initiate a case for investigation, if
warranted.17
Current law requires an individual to make a report to the hotline if he or she knows or has reasonable
cause to suspect that:
A child has been abused, abandoned, or neglected by a parent, legal custodian, caregiver, or
other person responsible for the child’s welfare or that a child has no parent, legal custodian, or
responsible adult relative immediately known and available to provide supervision and care;18
A child has been abused by an adult other than a parent, legal custodian, caregiver, or other
person responsible for the child’s welfare;19 or
A child is the victim of childhood sexual abuse or the victim of a known or suspected juvenile
sexual offender.20
Florida law provides exceptions to reporting requirement in specified circumstances:21
Professionals who are hired or contracted with DCF to provide treatment or counseling services
to a child that are the subject of the abuse, abandonment, or neglect;22
An officer or employee of the judicial branch when the child is currently being investigated, is the
subject of an existing dependency case, or the matter has previously been reported to the
DCF;23 or
An officer or employee of law enforcement when the incident under investigation was reported
to the law enforcement by the hotline.24
Chapter 39, F.S., does not require a reporter to disclose his or her identity to the hotline, but hotline
personnel receive training in encouraging them to do so.25 However, there are specified reporters that
must disclose his or her name, including:
Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital
personnel engaged in the admission, examination, care, or treatment of persons.
Health or mental health processional other than those listed above.
Practitioner who relies solely on spiritual means for healing.
School teacher or other school official or personnel.
Social worker, day care center worker, or other professional childcare, foster care, residential, or
institutional worker.
Law enforcement officer.
Judge.26
DCF is required to have technology, which allows it to obtain the number from which the reporter calls
or faxes the report, or the internet protocol address from which the report is made.27 Reporter names
15 S. 39.201(4)(a) to (f), F.S.
16 S. 39.201(6), F.S.
17 S. 39.201(7), F.S.
18 S. 39.201(1)(a), F.S.
19 S. 39.201(1)(b), F.S.
20 S. 39.201(1)(c), F.S.
21 S. 39.201(1)(g), F.S., provides that nothing in ch. 39, F.S., may be construed to remove or reduce any person’s reporting
requirement, including any employee of a community-based care provider.
22 S. 39.201(1)(e), F.S.
23 S. 39.201(1)(g), F.S.
24 S. 39.201(1)(h), F.S.
25 S. 39.201(2)(h), F.S.
26 S. 39.201(1)(d), F.S.
27 S. 39.201(2)(h), F.S.
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and numbers are entered into the record of the report, but are held confidential.28 Hotline counselors
must inform reporters about these confidentiality provisions.29
Any person who is required to report or investigate child abuse, abandonment or neglect cases and
who has reasonable cause to suspect that a child died as a result of such treatment must report his or
her suspicion to the medical examiner, who must accept the report for investigation and report his or
her findings to designated agencies.30 Autopsy reports are not subject to confidentiality requirements
provided for in s. 39.202, F.S.31
A report to the hotline is the first step in the safety assessment and investigation process.32 The type of
alleged abuse and whether the allegation is against a parent, legal custodian, caregiver, or other
person responsible for the child’s welfare will determine the steps that DCF is required to take.33
When allegations are made against a parent, legal custodian, caregiver,34 or other person responsible
for the child’s welfare,35 the hotline counselor must assess whether the report meets the statutory
definition of abuse, abandonment, or neglect.36 If they do, the report is accepted for a protective
investigation.37 All reports made by an emergency room physician must be investigated.38 At the same
time, DCF makes a determination regarding the timeline for which a protective investigation must be
initiated. An investigation must be commenced within 24 hours in all child abuse, abandonment, or
neglect cases, unless it requires an immediate investigation.39 An immediate investigation is required if:
It appears the child’s immediate safety or well-being is endangered;
The family may flee or the child will be unavailable for purposes of conducting a child protective
investigation; or
The facts otherwise so warrant.40
There are instances