Florida Statute 39.00145 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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39.00145 Records concerning children.—

(1) The case record of every child under the supervision of or in the custody of the department, the department’s authorized agents, or providers contracting with the department, including community-based care lead agencies and their subcontracted providers, must be maintained in a complete and accurate manner. The case record must contain, at a minimum, the child’s case plan required under part VII of this chapter and the full name and street address of all shelters, foster parents, group homes, treatment facilities, or locations where the child has been placed.

(2) Notwithstanding any other provision of this chapter, all records in a child’s case record must be made available for inspection, upon request, to the child who is the subject of the case record and to the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed.

(a) A complete and accurate copy of any record in a child’s case record must be provided, upon request and at no cost, to the child who is the subject of the case record and to the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed.

(b) The department shall release the information in a manner and setting that are appropriate to the age and maturity of the child and the nature of the information being released, which may include the release of information in a therapeutic setting, if appropriate. This paragraph does not deny the child access to his or her records.

(c) If a child or the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed, requests access to the child’s case record, any person or entity that fails to provide any record in the case record under assertion of a claim of exemption from the public records requirements of chapter 119, or fails to provide access within a reasonable time, is subject to sanctions and penalties under s. 119.10.

(d) For the purposes of this subsection, the term “caregiver” is limited to parents, legal custodians, permanent guardians, or foster parents; employees of a residential home, institution, facility, or agency at which the child resides; and other individuals legally responsible for a child’s welfare in a residential setting.

(3) If a court determines that sharing information in the child’s case record is necessary to ensure access to appropriate services for the child or for the safety of the child, the court may approve the release of confidential records or information contained in them.

(4) Notwithstanding any other provision of law, all state and local agencies and programs that provide services to children or that are responsible for a child’s safety, including the Department of Juvenile Justice, the Department of Health, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Education, the Department of Revenue, the school districts, the Statewide Guardian ad Litem Office, and any provider contracting with such agencies, may share with each other confidential records or information that are confidential or exempt from disclosure under chapter 119 if the records or information are reasonably necessary to ensure access to appropriate services for the child, including child support enforcement services, or for the safety of the child. However:

(a) Records or information made confidential by federal law may not be shared.

(b) This subsection does not apply to information concerning clients and records of certified domestic violence centers, which are confidential under s. 39.908 and privileged under s. 90.5036.

History.—s. 1, ch. 2009-34; s. 2, ch. 2009-43; s. 40, ch. 2011-213; s. 2, ch. 2024-70.

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Amendments to 39.00145

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 39.00145

Level: Degree
Misdemeanor/Felony: First/Second/Third

S39.00145 2 - PUBLIC ORDER CRIMES - FAIL TO PROVIDE REQUESTED CHILDREN RECORDS - M: F

Cases Citing Statute 39.00145

Total Results: 14 | Sort by: Relevance | Newest First

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State v. MG, 550 So. 2d 1122 (Fla. 3d DCA 1989).

Cited 35 times | Published | Florida 3rd District Court of Appeal | 1989 WL 21573

juvenile proceedings. The state argues that section 39.145(1), Florida Statutes (1987), which grants the

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State v. Gonzalez, 695 So. 2d 1290 (Fla. 4th DCA 1997).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1997 WL 345716

Florida Rule of Criminal Procedure 3.840 and section 39.0145, Florida Statutes (1995), see Florida Rule

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D.C. v. J.M., 133 So. 3d 1080 (Fla. 3d DCA 2014).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2014 WL 305284, 2014 Fla. App. LEXIS 1038

...The Department of Children and Families has represented that it has no position supporting or opposing the mother’s petition and challenged order. The Department took the same non-position in the trial court. . See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987). . § 39.00145(2)(d), Fla....

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NT v. State, 682 So. 2d 688 (Fla. 5th DCA 1996).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 648302

proceedings against N.T. The state suggests that section 39.0145, Florida Statutes (1995), allows a trial court

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Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

...(defining “Entities contracting with the state” to mean “for-profit arid not-for-profit organizations or businesses that have a legal existence, such as corporations or partnerships, as opposed to natural persons — ”) ' (Emphasis ’ added); §• 39.00145(2)(c), Fla....

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KC v. State, 848 So. 2d 1193 (Fla. 2d DCA 2003).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21359918

indirect contempt under section 39.0145, Florida Statutes (Supp.1994). Section 39.0145 was renumbered as section

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N.T. v. State, 682 So. 2d 688 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 11846

proceedings against N.T. The state suggests that section 39.0145, Florida Statutes (1995), allows a trial court

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N.M.R. v. State, 711 So. 2d 145 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 5065, 1998 WL 226093

juvenile to jail for contempt. She relies upon section 39.0145, Florida Statutes (1995) in which the statutory

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Youth & Fam. Alternatives, Inc. v. D. T., D. T. 2 (Fla. 2d DCA 2024).

Published | Florida 2nd District Court of Appeal

...2 The question here is whether production of the subject emails and texts is required at no cost to D.T. Thus, we do not consider or discuss whether or to what extent D.T. possesses a general right to obtain materials at his cost. 3 Under section 39.00145(1), Florida Statutes (2021), cited by the circuit court, a "case record" must be kept for every child who is under the supervision or in the care of the department or its authorized providers such as YFA....

...The case record "must be maintained in a complete and accurate manner," but the statute offers scant direction about its contents, requiring only that it contain "at a minimum" the child's case plan and the names and addresses of specified providers involved in the child's care and placement. Id. Per subsection (2) of section 39.00145, the "records in a child's case record" must be made available, and copies thereof must be provided upon request and at no cost, to the child and to the child's caregiver, guardian ad litem, or attorney....

...The statute does not require the department to give free copies of anything to the child. In sum, no authority imposes on YFA a legal duty to furnish to D.T. copies of any material without charge unless it is contained in the case record maintained for him pursuant to section 39.00145....

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State v. M.G., 550 So. 2d 1122 (Fla. 3d DCA 1989).

Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 683, 1989 Fla. App. LEXIS 1369

juvenile proceedings. The state argues that section 39.145(1), Florida Statutes (1987), which grants the

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K.C. v. State, 848 So. 2d 1193 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 8813

indirect contempt under section 39.0145, Florida Statutes (Supp.1994). Section 39.0145 was renumbered as section

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Dep't of Juv. Just. v. State, 705 So. 2d 1048 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 1232, 1998 WL 56405

for the contempt charge in accordance with section 39.0145, Florida Statutes (1995). CAMPBELL, A.C.J.

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S.W. v. State, 664 So. 2d 39 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12461, 1995 WL 704744

indirect contempt violates the requirements of section 39.0145(2), Florida Statutes (Supp. 1994) because the

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State v. K.C., 873 So. 2d 316 (Fla. 2004).

Published | Supreme Court of Florida | 2004 Fla. LEXIS 643, 2004 WL 905785

the Fifth District’s decision in S.W. Compare § 39.0145, Fla. Stat. (Supp.1994) with § 985.216, Fla. Stat