39.201 Required reports of child abuse, abandonment, or neglect, sexual abuse of a child, and juvenile sexual abuse; required reports of death; reports involving a child who has exhibited inappropriate sexual behavior.—
(1) MANDATORY REPORTING.—
(a)1. A person is required to report immediately to the central abuse hotline established in s. 39.101, in writing, through a call to the toll-free telephone number, or through electronic reporting, if he or she knows, or has reasonable cause to suspect, that any of the following has occurred:
a. Child abuse, abandonment, or neglect by a parent or caregiver, which includes, but is not limited to, when a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare or when a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide such supervision and care.
b. Child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare. The central abuse hotline must immediately electronically transfer such reports to the appropriate county sheriff’s office.
2. Any person who knows, or has reasonable cause to suspect, that a child is the victim of sexual abuse or juvenile sexual abuse shall report such knowledge or suspicion to the central abuse hotline, including if the alleged incident involves a child who is in the custody of or under the protective supervision of the department.
Such reports may be made in writing, through the statewide toll-free telephone number, or through electronic reporting.
(b)1. A person from the general public may make a report to the central abuse hotline anonymously if he or she chooses to do so.
2. A person making a report to the central abuse hotline whose occupation is in any of the following categories is required to provide his or her name to the central abuse hotline counselors:
a. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;
b. Health care professional or mental health professional other than a person listed in sub-subparagraph a.;
c. Practitioner who relies solely on spiritual means for healing;
d. School teacher or other school official or personnel;
e. Social worker, day care center worker, or other professional child care worker, foster care worker, residential worker, or institutional worker;
f. Law enforcement officer;
g. Judge; or
h. Animal control officer as defined in s. 828.27(1)(b) or agent appointed under s. 828.03.
(c) Central abuse hotline counselors shall advise persons under subparagraph (b)2. who are making a report to the central abuse hotline that, while their names must be entered into the record of the report, the names of reporters are held confidential and exempt as provided in s. 39.202. Such counselors must receive periodic training in encouraging all reporters to provide their names when making a report.
(2) EXCEPTIONS TO REPORTING.—
(a) An additional report of child abuse, abandonment, or neglect is not required to be made by:
1. A professional who is hired by or who enters into a contract with the department for the purpose of treating or counseling a person as a result of a report of child abuse, abandonment, or neglect if such person was the subject of the referral for treatment or counseling.
2. An officer or employee of the judicial branch when the child is currently being investigated by the department, when there is an existing dependency case, or when the matter has previously been reported to the department if there is reasonable cause to believe that the information is already known to the department. This subparagraph applies only when the information related to the alleged child abuse, abandonment, or neglect has been provided to such officer or employee in the course of carrying out his or her official duties.
3. An officer or employee of a law enforcement agency when the incident under investigation by the law enforcement agency was reported to law enforcement by the central abuse hotline through the electronic transfer of the report or telephone call. The department’s central abuse hotline is not required to electronically transfer calls or reports received under sub-subparagraph (1)(a)1.b. to the county sheriff’s office if the matter was initially reported to the department by the county sheriff’s office or by another law enforcement agency. This subparagraph applies only when the information related to the alleged child abuse, abandonment, or neglect has been provided to the officer or employee of a law enforcement agency or central abuse hotline counselor in the course of carrying out his or her official duties.
(b) Nothing in this section or in the contract with community-based care providers for foster care and related services as specified in s. 409.987 may be construed to remove or reduce the duty and responsibility of any person, including any employee of the community-based care provider, to report a known or suspected case of child abuse, abandonment, or neglect to the department’s central abuse hotline.
(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
(a) Abuse occurring out of state.—
1. Except as provided in subparagraph 2., the central abuse hotline may not take a report or call of known or suspected child abuse, abandonment, or neglect when the report or call is related to abuse, abandonment, or neglect that occurred out of state and the alleged perpetrator and alleged victim do not live in this state. The central abuse hotline must instead transfer the information in the report or call to the appropriate state or country.
2. If the alleged victim is currently being evaluated in a medical facility in this state, the central abuse hotline must accept the report or call for investigation and must transfer the information in the report or call to the appropriate state or country.
(b) Reports received from emergency room physicians.—The department must initiate an investigation when it receives a report from an emergency room physician.
(c) Abuse involving impregnation of a child.—A report must be immediately electronically transferred to the appropriate county sheriff’s office or other appropriate law enforcement agency by the central abuse hotline if the report is of an instance of known or suspected child abuse involving impregnation of a child 15 years of age or younger by a person 21 years of age or older under s. 827.04(3). If the report is of known or suspected child abuse under s. 827.04(3), subsection (1) does not apply to health care professionals or other professionals who provide medical or counseling services to pregnant children when such reporting would interfere with the provision of such medical or counseling services.
(d) Institutional child abuse or neglect.—Reports involving known or suspected institutional child abuse or neglect must be made and received in the same manner as all other reports made under this section.
(e) Surrendered infants.—
1. The central abuse hotline must receive reports involving surrendered infants as described in s. 383.50.
2.a. A report may not be considered a report of child abuse, abandonment, or neglect solely because the infant has been left at a hospital, emergency medical services station, or fire station under s. 383.50.
b. If the report involving a surrendered infant does not include indications of child abuse, abandonment, or neglect other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the central abuse hotline must provide to the person making the report the name of an eligible licensed child-placing agency that is required to accept physical custody of and to place surrendered infants. The department shall provide names of eligible licensed child-placing agencies on a rotating basis.
3. If the report includes indications of child abuse, abandonment, or neglect beyond that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the report must be considered as a report of child abuse, abandonment, or neglect and, notwithstanding chapter 383, is subject to s. 39.395 and all other relevant provisions of this chapter.
(4) REPORTS OF CHILD ABUSE, ABANDONMENT, OR NEGLECT BY A PARENT, LEGAL CUSTODIAN, CAREGIVER, OR OTHER PERSON RESPONSIBLE FOR A CHILD’S WELFARE.—
(a)1. Upon receiving a report made to the central abuse hotline, the department shall determine if the received report meets the statutory criteria for child abuse, abandonment, or neglect.
2. Any report meeting the statutory criteria for child abuse, abandonment, or neglect must be accepted for a child protective investigation pursuant to part III of this chapter.
(b)1. Any call received from a parent or legal custodian seeking assistance for himself or herself which does not meet the criteria for being a report of child abuse, abandonment, or neglect may be accepted by the central abuse hotline for response to ameliorate a potential future risk of harm to a child.
2. The department must refer the parent or legal custodian for appropriate voluntary community services if it is determined by the department that a need for community services exists.
(5) REPORTS OF SEXUAL ABUSE OF A CHILD OR JUVENILE SEXUAL ABUSE; REPORTS OF A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL BEHAVIOR.—
(a)1. Sexual abuse of a child or juvenile sexual abuse must be reported immediately to the central abuse hotline, including any alleged incident involving a child who is in the custody of or under the protective supervision of the department. Such reports may be made in writing, through the statewide toll-free telephone number, or through electronic reporting.
2. Within 48 hours after the central abuse hotline receives a report under subparagraph 1., the department shall conduct an assessment, assist the family in receiving appropriate services under s. 39.307, and send a written report of the allegation to the appropriate county sheriff’s office.
(b) Reports involving a child who has exhibited inappropriate sexual behavior must be made and received by the central abuse hotline. Within 48 hours after receiving a report under this paragraph, the department shall conduct an assessment, assist the family in receiving appropriate services under s. 39.307, and send a written report of the allegation to the appropriate county sheriff’s office.
(c) The services identified in the assessment conducted under paragraph (a) or paragraph (b) must be provided in the least restrictive environment possible and must include, but are not limited to, child advocacy center services under s. 39.3035 and sexual abuse treatment programs developed and coordinated by the Children’s Medical Services Program in the Department of Health under s. 39.303.
(d) The department shall ensure that the facts and results of any investigation of sexual abuse of a child or juvenile sexual abuse involving a child in the custody of or under the protective supervision of the department are made known to the court at the next hearing and are included in the next report to the court concerning the child.
(e)1. In addition to conducting an assessment and assisting the family in receiving appropriate services, the department shall conduct a child protective investigation under part III of this chapter if the incident leading to a report occurs on school premises, on school transportation, at a school-sponsored off-campus event, at a public or private school readiness or prekindergarten program, at a public K-12 school, at a private school, at a Florida College System institution, at a state university, or at any other school. The child protective investigation must include an interview with the child’s parent or legal custodian.
2. The department shall orally notify the Department of Education; the law enforcement agency having jurisdiction over the municipality or county in which the school, program, institution, or university is located; and, as appropriate, the superintendent of the school district in which the school is located, the administrative officer of the private school, or the owner of the private school readiness or prekindergarten program provider.
3. The department shall make a full written report to the law enforcement agency having jurisdiction over the municipality or county in which the school, program, institution, or university is located within 3 business days after making the oral report. Whenever possible, any criminal investigation must be coordinated with the department’s child protective investigation. Any interested person who has information regarding sexual abuse of a child or juvenile sexual abuse may forward a statement to the department.
(6) MANDATORY REPORTS OF A CHILD DEATH.—Any person required to report or investigate cases of suspected child abuse, abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and report his or her findings, in writing, to the local law enforcement agency, the appropriate state attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements under s. 39.202.
...g, the department must
establish its [child abuse] allegations by a preponderance of the evidence.” R.M. v. Dep’t of
Children & Families, 886 So. 2d 329, 331 (Fla. 5th DCA 2004).
3
Fla. Stat. Ann. § 39.201(4)....
Cited 37 times | Published | Supreme Court of Florida | 2002 WL 2020158
...al injury as a result of child abuse or neglect. [4] See § 415.505(1)(f), Fla. Stat. (Supp.1996). As a result of the 1998 legislative amendments to chapter 415, section 415.504, requiring the reporting of child abuse, was renumbered (as amended) as section 39.201....
...se ... shall be a priority of this state."). In furtherance of this underlying purpose, chapter 39, part II, entitled "Reporting Child Abuse," includes provisions requiring the reporting of child abuse to the Department of Children and Families. See § 39.201-.206, Fla....
...Gaime is presently serving a twenty-year sentence for second-degree murder concurrent with a fifteen-year sentence for attempted second-degree murder in connection with the underlying incident. [3] The Rotells also alleged that Dr. Kuehnle had a statutory obligation to report known or reasonably suspected child abuse under section 39.201, Florida Statutes (1998). We agree with the circuit court's conclusion that the Rotells could not use section 39.201 to establish that duty because the statute, which requires mental health professionals and others to report known or suspected child abuse, does not give rise to a civil cause of action....
Cited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 1263511
...ng him, and that the reporting caused him mental anguish, torment, and humiliation. Blank filed a motion for summary judgment in which she argued that her statements were made in accordance with the mandatory reporting requirements imposed on her by section 39.201(1), Florida Statutes, and that statements made in compliance therewith are immune from civil liability pursuant to section 39.203(1)(a), Florida Statutes....
...He argued that Blank could still be liable for defamation despite having a duty to report suspected abuse to DCF. Appellant further requested that the court conduct an in camera review of the DCF report filed by Blank. The court declined appellant's request to inspect the DCF report in camera. Section 39.201, Florida Statutes, sets out the mandatory reporting requirement for suspected child abuse....
...nows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall report such knowledge or suspicion to the department. . . ." § 39.201, Fla....
...ual issues about the doctor's motive. Id. The trial court found the doctor was immune from civil liability as a matter of law and granted summary judgment in her favor. Id. In examining the relationship between the mandatory reporting requirement of section 39.201 and the grant of immunity provided to those who make a report by section 39.203, the First District drew a distinction between the immunity provided to an ordinary citizen who makes a report and a doctor who reports possible abuse discovered in the course of treatment....
Cited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2614261
...NOTES [1] Vanslyke was also charged with possession of methamphetamine and obstructing an officer without violence. The methamphetamine charge was dismissed. The obstructing an officer chargeto which Vanslyke also entered a no contest pleais not at issue in this appeal. [2] See § 39.201(2)(a), Fla. Stat. (2003). [3] See § 39.201(5)....
...[we]re all directly caused by [appellant]." It also asserted Brink's opinion that "contact with [appellant] [wa]s psychologically harmful, and pose[d] a serious threat of bodily harm." Count I alleged that Brink violated a statutory duty imposed by section 39.201, Florida Statutes (1999), by failing to report known or suspected child abuse to the Department of Children and Family Services....
...not investigating or validating her statements"; and that, as a result, appellant had sustained the damages alleged. Appellee moved to dismiss each count of the amended complaint with prejudice. As to count I, it contended that, as a matter of law, section 39.201, Florida Statutes (1999), did not create a civil cause of action for damages....
...Appellant does not challenge the dismissal of his defamation claim (count II). Accordingly, we affirm the dismissal of that count without further discussion. In count I of the amended complaint, appellant alleged that appellee was vicariously liable for Brink's breach of a statutory duty, created by section 39.201, Florida Statutes (1999), to report known or suspected child abuse to the Department of Children and Family Services. Appellee argued in its motion to dismiss that section 39.201 did not create a statutory cause of action for damages. Section 39.201 does not expressly create a cause of action for violation of its terms. A cause of action may, in appropriate circumstances, be implied from the language of a statute. Because section 39.201 does not expressly create a cause of action for violation of its terms, we must determine whether the legislature intended to create one notwithstanding its failure expressly to do so....
...See Murthy v. N. Sinha Corp., 644 So.2d 983, 985 (Fla.1994) ("legislative intent ... should be the primary factor considered by a court in determining whether a cause of action exists when a statute does not expressly provide for one"). We find nothing in section 39.201 or related provisions that suggests such an intent....
...nfeasance a first-degree misdemeanor. § 39.205(1), Fla. Stat. (1999). It says nothing about the availability of a cause of action for damages. Moreover, those courts which have been presented with the same question regarding predecessor versions of section 39.201 have all concluded that no cause of action was created....
...Metcalf, 543 So.2d 785 (Fla. 3d DCA 1989) (en banc) (holding that section 827.07, Florida Statutes (1979), does not create an implied cause of action for failure to report known or suspected child abuse as required by statute). Accordingly, we hold that section 39.201, Florida Statutes (1999), does not create an implied cause of action for damages, and affirm the trial court's dismissal with prejudice of count I of the amended complaint....
Cited 4 times | Published | Supreme Court of Florida | 2005 WL 1529690
...abuse by one or both of her parents or a guardian, for the following reason(s): ____________________________ ____________________________ _________________ The court, having made a finding under this section, will report the abuse as is required by section 39.201, Florida Statutes....
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 4355284
...No.104-191, 110 Stat. 1936 (1996) (codified at 42 U.S.C. § 1320d-d8); §§ 395.3025, 456.057, Fla. Stat. (2006) (providing for confidentiality of patient records but allowing for legal review upon subpoena and notice). Compare 45 C.F.R. 164.512(b)(1)(ii) (2002); § 39.201(1)(b)1, Fla....
...nd who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, is guilty of a misdemeanor of the first degree ...." § 39.205(1), Fla. Stat. (2002). The mandatory child abuse reporting provision, section 39.201, at that time [7] provided: "(1) Any person, including, but not limited to, any ....
...who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2)." Id. § 39.201(1)....
...ll-free telephone number, and, if the report is of an instance of known or suspected child abuse by a noncaretaker, the call shall be immediately electronically transferred to the appropriate county sheriffs office by the central abuse hotline." Id. § 39.201(2)(a) (emphasis added)....
...Drudge moved to dismiss the charges against them, and their motions were granted on April 21, 2004. (Order Granting Motions to Dismiss in criminal case [hereinafter "State Court Order"], Ex. E to Doc. 54). In the State Court Order, a county judge agreed with the argument of Dr. Meyers and Ms. Drudge that sections 39.201 and 39.205, Florida Statutes, did not require reporting of known or suspected child abuse when the alleged perpetrator of the abuse is a public school teacher....
...However, even if that information had been included in the affidavit, probable cause would not have been negated because the mandatory reporting provisions that Ms. Drudge was accused of violating required, as noted in the affidavit, that a report "be made immediately." § 39.201(2)(a), Fla....
...he statute and that the fact that he did not know that evidences reckless disregard for her rights. However, this argument is without merit. The state court judge who dismissed the criminal charge in April 2004 did so based on his determination that section 39.201 did not require reporting of a public school teacher's abuse....
...Drudge was charged, this section required reporting by "[a]ny person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare." § 39.201(1), Fla....
...[6] There are two depositions of Ms. Drudge in the recordone taken on July 23, 2007 and one taken on September 7, 2007. All citations to Ms. Drudge's deposition in this Order are to the July 23, 2007 deposition. [7] As noted later in this Order, some changes were made to section 39.201 effective June 10, 2003after the arrest warrant was obtained in May 2003 but before the state attorney's office filed the information against Ms....
...tatute is intentnot a poor choice of timing." (Doc. 52 at 23). However, this argument is not well-taken. Section 39.205(1) states that a person "who knowingly and willfully fails to [report] ... is guilty of a misdemeanor in the first degree," and section 39.201 sets forth the reporting requirements, including that a report "be made immediately." There is no basis for Ms....
...On another note, the State Court Order cites to the 2003 version of the Chapter 39 sections at issue. That version includes several changes that were made in June 2003the month after Ms. Drudge's arrestthat bear somewhat on this issue. The 2002 version of section 39.201 and 39.205, not the 2003 version, was in effect at the time of the issuance of the arrest warrant. Effective June 10, 2003, section 39.201 was amended to provide that "[a]ny person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare, as defined in this chapter, shall report...." Id. § 39.201(1)(a) (2003) (emphasis added); see ch....
...The state court judge relied in part on the italicized language. ( See State Court Order at 3 ("The statute further limits its application to members of those listed groups `as defined in this chapter.' Each class of potential abusers for whom reporting through the hotline is mandatory is defined in section 39.201."))....
...led in the office of the Secretary of State on June 10, 2003. See ch. 03-127, Laws of Fla. Also in June 2003, language that the parties have referred to as listing "mandatory reporters" was removed. At the time of the issuance of the arrest warrant, section 39.201(1) provided in full: (1) Any person, including, but not limited to, any: (a) Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treat...
...pect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). § 39.201(1), Fla....
...anguage; however, I do not read this section's listing of occupations as qualifying the language "any person." Instead, this subsection requires reporting by "any person," "including but not limited to" those listed. The 2002 version of subparagraph 39.201(2)(c) provided that "[r]eporters in occupation categories designated in subsection (1) are required to provide their names to the hotline staff"; this name-providing requirement is the apparent reason for the listing of occupational categories...
...re required to report. When the statute was amended effective June 10, 2003, the list of occupational categories was removed from the reporting section; the new version required "any person" to report without any potentially qualifying language. Id. § 39.201(1)(a) (2003); see ch. 03-127, Laws of Fla. A separate subsection then listed these occupational categories as those who must provide their names. § 39.201(1)(b), Fla....
...t sufficient to convert a private persons actions into public action. Benavidez v. Gunnell, 722 F.2d 615, 618 (10th Cir.1983). Furthermore, the sole evidence to which Arline arguably points [7] to demonstrate state *1313 compulsion is in referencing Section 39.201(1)(a), Florida Statutes....
...by professionals). Accordingly, this Court concludes that Gilligan's motion is due to be granted as to Count IV. In addition, this Court feels compelled to express concern over the type of action Arline seeks to bring. Under both a broad reading of § 39.201(1)(a) and Arline's theory of this case it would appear that any individual who reports suspected child abuse is subject to potential § 1983 liability....
...d as bail, the money or bonds shall be refunded. [7] Arline arguably references state compulsion in the following response to Gilligan's Motion for summary judgment: "Dr. Gilligan contends that he is entitled to immunity because he acted pursuant to Section 39.201, Florida Statutes, which requires him to report child abuse and grants immunity if it is reported in good-faith." (Dkt.50, pg.18). [8] Section 39.201(1)(a), Florida Statutes, provides: [a]ny person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare...
Cited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3780393
...Whether a doctor is immune from civil liability for making an allegedly false child abuse report depends on the application of two related statutes. Section 39.203, Florida Statutes affords a general grant of immunity to a person who makes a report of child abuse in good faith. Section 39.201, Florida Statutes, is more specific, in that it establishes a mandatory reporting requirement for medical doctors and other health care professionals who have reasonable cause to suspect that a child has been abused or neglected....
...But the immunity that is afforded to a medical doctor who discovers possible child abuse in the course of a medical examination is not the same as that afforded to an ordinary citizen. A doctor who has reasonable cause to suspect child abuse is required under section 39.201, Florida Statutes to report the abuse....
...nevertheless claim immunity from civil liability by showing that the report was made in good faith. Whether a medical doctor has reasonable cause to suspect that a child has been abused is a question of law. The phrase "reasonable cause" is used in section 39.201, Florida Statutes to describe a legal standard, and in this respect, it is no different from legal standards that are applied in other areas of the law....
...The mother
adamantly did not believe her daughter. When pressed about her
accusations, the victim recanted on more than one occasion. Perhaps
because of her retractions, no one reported her claims even though any
person who has reasonable cause to suspect child abuse must report it.
See § 39.201, Fla....
...On the day it entered its order, the trial court additionally referred this case to the dependency court for an assessment on the question of whether the mother's efforts to alienate the child from his father constituted child abuse. The trial judge apparently relied on section 39.201, Florida Statutes (1999), which reads, in pertinent part, as follows: (1) Any person, including, but not limited to, any: (g) Judge, who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a pa...
...the child's welfare shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). The mother also appeals this portion of the order arguing that there was no evidence of abuse to justify the referral. Because section 39.201 does not require any specific *191 predicate for such a referral, we do not believe that the trial court's referral is reviewable in this case....
...The mother adamantly did not believe her daughter. When pressed about her accusations, the victim recanted on more than one occasion. Perhaps because of her retractions, no one reported her claims even though any person who has reasonable cause to suspect child abuse must report it. See § 39.201, Fla....
...ith child molestation or a sexual offense); § 394.910, Fla. Stat. (2012) (addressing the unique risk that sexually violent predators pose to society by creating a civil commitment proce *471 dure to provide for their continuing care and treatment); § 39.201 (providing that “any person” who knows or has reasonable cause to suspect that a child is being abused, sexually or otherwise, must report that knowledge or suspicion)....
...appeal." Fla. R.App. P. 9.110(n). Under the Act, if the court finds "evidence of child abuse or sexual abuse of the minor petitioner by any person, the court [must] report the evidence of child abuse or sexual abuse of the petitioner, as provided in s. 39.201." § 390.01114(4)(d). Section 39.201 provides that "[a]ny person ....
...ted to DCF. At oral argument, counsel for the State of Florida questioned Plaintiffs' interpretation of the statute. As the State's counsel correctly noted, the statute qualifies the court's reporting requirement by adding the phrase "as provided in s. 39.201." Because section 39.201 limits mandatory reporting to instances involving abuse of a child "by a parent, legal custodian, caregiver, or other person responsible for the child's welfare," defense counsel suggested that the Legislature could not have intended,...
...[5] Should a DCF employee knowingly or willfully make public any of the confidential information contained in the bypass records the DCF receives, that employee is guilty of a misdemeanor of the second degree. § 39.205(3). Should DCF be required under section 39.201 to report any information received from the court to law enforcement, the identity of the victim of any sexual offense is exempt from public disclosure....
Cited 1 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1872631
...requiring the former wife to report any future suspicions of child abuse to the Department of Children and Families. We agree with the former husband's contention that this provision is unnecessary in light of the mandatory reporting requirements of section 39.201, Florida Statutes (1999), and misleading and prejudicial when one considers the court's custody rulings....
Published | Florida 5th District Court of Appeal | 2007 WL 2735807
...The Legislature's remedy for violating the confidentiality of the reporter of abuse is far more direct and effective than dismissal of the prosecution of the false reporter. REVERSED and REMANDED. TORPY, J., and GRAHAM, R.S., Associate Judge, concur. NOTES [1] See § 39.201(1)(b)6., Fla....
...ds was improper. Section 415.1034, Florida Statutes (2013), creates a duty for medical personnel to report abuse of vulnerable adults to the Department of Children and Families. The same requirement applies to suspected child abuse and neglect under section 39.201, Florida Statutes (2013)....
...As to the Williams-rule issue, we find
no abuse of discretion. We therefore affirm.
I.
After Cooley was arrested, the CPI interviewed him in jail.
According to the CPI’s testimony, it was her job—and her statutory
duty, see § 39.201, Fla....
...………………………………………………………………………………………………………
…………………………
The court, having made a finding under this section, will report the abuse as is required
by section 39.201, Florida Statutes.
........
...appeal." Fla. R.App. P. 9.110(n). Under the Act, if the court finds "evidence of child abuse or sexual abuse of the minor petitioner by any person, the court [must] report the evidence of child abuse or sexual abuse of the petitioner, as provided in s. 39.201." § 390.01114(4)(d). Section 39.201 provides that "[a]ny person ....
...information). In Florida, the Act provides that "[i]f the court finds evidence of child abuse or sexual abuse of the minor petitioner by any person, the court shall report the evidence of child abuse or sexual abuse of the petitioner, as provided in s. 39.201." § 390.01114(4)(d) (emphasis added). Section 39.201 provides that "[a]ny person ....
...a bypass on the one hand and, on the other hand, having her own anonymity compromised and/or having her boyfriend reported to DCF. In response, the defendant stresses that the court's reporting requirement is qualified by the phrase "as provided in s. 39.201." Because section 39.201 limits mandatory reporting to instances involving abuse of a child "by a parent, legal custodian, caregiver, or other person responsible for the child's welfare," the defendant maintains that the Florida Legislature never intended to require circuit courts to report every bypass case, even those involving non-criminal consensual sex between minors. Without trying to glean what the Florida Legislature intended when it added the section 39.201 qualifier to the reporting requirement, the court notes that the Florida Legislature took considerable care to assure the anonymity of a child seeking a bypass of the parental notification requirement....
...[9] Should a DCF employee knowingly or willfully make public any of the confidential information contained in the bypass records received by DCF, that employee is guilty of a misdemeanor of the second degree. § 39205(3). Should DCF be required under section 39.201 to report any information received from the court to law enforcement, the identity of the victim of any sexual offense is exempt from public disclosure....
