Florida Senate - 2026 SB 42 By Senator Sharief 35-00002-26 202642__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to specific medical diagnoses in child 2 protective investigations; amending s. 39.301, F.S.; 3 providing an exception to the requirement that the 4 Department of Children and Families immediately 5 forward certain allegations to a law enforcement 6 agency; requiring a child protective investigator to 7 inform the subject of an investigation of a certain 8 duty; conforming a cross-reference; amending s. 9 39.303, F.S.; requiring Child Protection Teams to 10 consult with a licensed physician or advanced practice 11 registered nurse when evaluating certain reports; 12 conforming provisions to changes made by the act; 13 amending s. 39.304, F.S.; authorizing, under a certain 14 circumstance, a parent or legal custodian from whom a 15 child was removed to request specified examinations of 16 the child; requiring that certain examinations be paid 17 for by the parent or legal custodian making the 18 request or as otherwise covered by insurance or 19 Medicaid; prohibiting the request of an examination 20 for a specified purpose; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24

Section 1. Paragraph (

a) of subsection (2), paragraph (a) 25 of subsection (5), and paragraph (

c) of subsection (14) of 26

section 39.301, Florida Statutes, are amended to read: 27 39.301 Initiation of protective investigations.— 28 (2)(

a) The department shall immediately forward allegations 29

Florida Senate - 2026 SB 42 35-00002-26 202642__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. of criminal conduct to the municipal or county law enforcement 30 agency of the municipality or county in which the alleged 31 conduct has occurred. However, the department need not 32 immediately forward allegations of criminal conduct to the 33 appropriate law enforcement agency if the parent or legal 34 custodian: 35 1. Has alleged that the child has a preexisting diagnosis 36 specified in s. 39.303(4)(b); or 37 2.

Is requesting that the child have an examination under 38 s. 39.304(1)(c). 39 40 Allegations of criminal conduct which are not immediately 41 forwarded to the law enforcement agency pursuant to subparagraph 42 1. or subparagraph 2. must be immediately forwarded to the law 43 enforcement agency upon completion of the investigation under 44 this

part if criminal conduct is still alleged. 45 (5)(

a) Upon commencing an investigation under this part, 46 the child protective investigator shall inform any subject of 47 the investigation of the following: 48 1. The names of the investigators and identifying 49 credentials from the department. 50 2. The purpose of the investigation. 51 3. The right to obtain his or her own attorney and ways 52 that the information provided by the subject may be used. 53 4. The possible outcomes and services of the department’s 54 response. 55 5. The right of the parent or legal custodian to be engaged 56 to the fullest extent possible in determining the nature of the 57 allegation and the nature of any identified problem and the 58

Florida Senate - 2026 SB 42 35-00002-26 202642__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. remedy. 59 6. The duty of the parent or legal custodian to report any 60 change in the residence or location of the child to the 61 investigator and that the duty to report continues until the 62 investigation is closed. 63 7. The duty of the parent or legal custodian to report any 64 preexisting diagnosis for the child which is specified in s. 65 39.303(4)(

b) and provide any medical records that support that 66 diagnosis in a timely manner. 67 (14) 68 (

c) The department, in consultation with the judiciary, 69 shall adopt by rule: 70 1. Criteria that are factors requiring that the department 71 take the child into custody, petition the court as provided in 72 this chapter, or, if the child is not taken into custody or a 73 petition is not filed with the court, conduct an administrative 74 review.

Such factors must include, but are not limited to, 75 noncompliance with a safety plan or the case plan developed by 76 the department, and the family under this chapter, and prior 77 abuse reports with findings that involve the child, the child’s 78 sibling, or the child’s caregiver. 79 2. Requirements that if after an administrative review the 80 department determines not to take the child into custody or 81 petition the court, the department shall document the reason for 82 its decision in writing and include it in the investigative 83 file.

For all cases that were accepted by the local law 84 enforcement agency for criminal investigation pursuant to 85 subsection (2), the department must include in the file written 86 documentation that the administrative review included input from 87

Florida Senate - 2026 SB 42 35-00002-26 202642__ Page 4 of 10 CODING: Words stricken are deletions; words underlined are additions. law enforcement. In addition, for all cases that must be 88 referred to Child Protection Teams pursuant to s. 39.303(5) and 89 (6) s. 39.303(4) and (5), the file must include written 90 documentation that the administrative review included the 91 results of the team’s evaluation. 92

Section 2. Present subsections (4) through (10) of

section 93 39.303, Florida Statutes, are redesignated as subsections (5) 94 through (11), respectively, a new subsection (4) is added to 95 that section, and subsection (3) and present subsections (5) and 96 (6) of that

section are amended, to read: 97 39.303 Child Protection Teams and sexual abuse treatment 98 programs; services; eligible cases.— 99

(3) The Department of Health shall use and convene the 100 Child Protection Teams to supplement the assessment and 101 protective supervision activities of the family safety and 102 preservation program of the Department of Children and Families. 103 This

section does not remove or reduce the duty and 104 responsibility of any person to report pursuant to this

chapter 105 all suspected or actual cases of child abuse, abandonment, or 106 neglect or sexual abuse of a child. The role of the Child 107 Protection Teams is to support activities of the program and to 108 provide services deemed by the Child Protection Teams to be 109 necessary and appropriate to abused, abandoned, and neglected 110 children upon referral. The specialized diagnostic assessment, 111 evaluation, coordination, consultation, and other supportive 112 services that a Child Protection Team must be capable of 113 providing include, but are not limited to, the following: 114 (

a) Medical diagnosis and evaluation services, including 115 provision or

interpretation of X rays and laboratory tests, and 116

Florida Senate - 2026 SB 42 35-00002-26 202642__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. related services, as needed, and documentation of related 117 findings. 118 (

b) Telephone consultation services in emergencies and in 119 other situations. 120 (

c) Medical evaluation related to abuse, abandonment, or 121 neglect, as defined by policy or rule of the Department of 122 Health. 123 (

d) Such psychological and psychiatric diagnosis and 124 evaluation services for the child or the child’s parent or 125 parents, legal custodian or custodians, or other caregivers, or 126 any other individual involved in a child abuse, abandonment, or 127 neglect case, as the team may determine to be needed. 128 (

e) Expert medical, psychological, and related professional 129 testimony in court cases. 130 (

f) Case staffings to develop treatment plans for children 131 whose cases have been referred to the team. A Child Protection 132 Team may provide consultation with respect to a child who is 133 alleged or is shown to be abused, abandoned, or neglected, which 134 consultation shall be provided at the request of a 135 representative of the family safety and preservation program or 136 at the request of any other professional involved with a child 137 or the child’s parent or parents, legal custodian or custodians, 138 or other caregivers.

In every such Child Protection Team case 139 staffing, consultation, or staff activity involving a child, a 140 family safety and preservation program representative shall 141 attend and participate. 142 (

g) Case service coordination and assistance, including the 143 location of services available from other public and private 144 agencies in the community. 145

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h) Such training services for program and other employees 146 of the Department of Children and Families, employees of the 147 Department of Health, and other medical professionals as is 148 deemed appropriate to enable them to develop and maintain their 149 professional skills and abilities in handling child abuse, 150 abandonment, and neglect cases. The training service must 151 include training in the recognition of and appropriate responses 152 to head trauma and brain injury in a child under 6 years of age 153 as required by ss. 402.402(2) and 409.988. 154 (

i) Educational and community awareness campaigns on child 155 abuse, abandonment, and neglect in an effort to enable citizens 156 more successfully to prevent, identify, and treat child abuse, 157 abandonment, and neglect in the community. 158 (

j) Child Protection Team assessments that include, as 159 appropriate, medical evaluations, medical consultations, family 160 psychosocial interviews, specialized clinical interviews, or 161 forensic interviews. 162 163 A Child Protection Team that is evaluating a report of medical 164 neglect and assessing the health care needs of a medically 165 complex child shall consult with a physician who has experience 166 in treating children with the same condition. 167

(4) A Child Protection Team shall consult with a physician 168 licensed under

chapter 458 or

chapter 459 or an advanced 169 practice registered nurse licensed under

chapter 464 who has 170 experience in and routinely provides medical care to pediatric 171 patients when evaluating: 172 (

a) A report of medical neglect and assessing the needs of 173 a medically complex child; or 174

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b) A child with a reported preexisting diagnosis of any of 175 the following: 176 1. Rickets. 177 2. Ehlers-Danlos syndrome. 178 3. Osteogenesis imperfecta. 179 4. Vitamin D deficiency. 180 5. Any other medical condition known to appear to be caused 181 by, or known to be misdiagnosed as, abuse. 182 (6)

(5) All abuse and neglect cases transmitted for 183 investigation to a circuit by the hotline must be simultaneously 184 transmitted to the Child Protection Team for review. For the 185 purpose of determining whether a face-to-face medical evaluation 186 by a Child Protection Team is necessary, all cases transmitted 187 to the Child Protection Team which meet the criteria in 188 subsection (5) (4) must be timely reviewed by: 189 (

a) A physician licensed under

chapter 458 or

chapter 459 190 who holds board certification in pediatrics and is a member of a 191 Child Protection Team; 192 (

b) A physician licensed under

chapter 458 or

chapter 459 193 who holds board certification in a specialty other than 194 pediatrics, who may complete the review only when working under 195 the direction of the Child Protection Team medical director or a 196 physician licensed under

chapter 458 or

chapter 459 who holds 197 board certification in pediatrics and is a member of a Child 198 Protection Team; 199 (

c) An advanced practice registered nurse licensed under 200

chapter 464 who has a specialty in pediatrics or family medicine 201 and is a member of a Child Protection Team; 202 (

d) A physician assistant licensed under

chapter 458 or 203

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chapter 459, who may complete the review only when working under 204 the supervision of the Child Protection Team medical director or 205 a physician licensed under

chapter 458 or

chapter 459 who holds 206 board certification in pediatrics and is a member of a Child 207 Protection Team; or 208 (

e) A registered nurse licensed under

chapter 464, who may 209 complete the review only when working under the direct 210 supervision of the Child Protection Team medical director or a 211 physician licensed under

chapter 458 or

chapter 459 who holds 212 board certification in pediatrics and is a member of a Child 213 Protection Team. 214 (7)

(6) A face-to-face medical evaluation by a Child 215 Protection Team is not necessary when: 216 (

a) The child was examined for the alleged abuse or neglect 217 by a physician who is not a member of the Child Protection Team, 218 and a consultation between the Child Protection Team medical 219 director or a Child Protection Team board-certified 220 pediatrician, advanced practice registered nurse, physician 221 assistant working under the supervision of a Child Protection 222 Team medical director or a Child Protection Team board-certified 223 pediatrician, or registered nurse working under the direct 224 supervision of a Child Protection Team medical director or a 225 Child Protection Team board-certified pediatrician, and the 226 examining physician concludes that a further medical evaluation 227 is unnecessary; 228 (

b) The child protective investigator, with supervisory 229 approval, has determined, after conducting a child safety 230 assessment, that there are no indications of injuries as 231 described in paragraphs (5)(a)-(h) (4)(a)-(

h) as reported; or 232

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c) The Child Protection Team medical director or a Child 233 Protection Team board-certified pediatrician, as authorized in 234 subsection (6) (5), determines that a medical evaluation is not 235 required. 236 237 Notwithstanding paragraphs (a), (b), and (c), a Child Protection 238 Team medical director or a Child Protection Team pediatrician, 239 as authorized in subsection (6) (5), may determine that a face-240 to-face medical evaluation is necessary. 241

Section 3. Paragraph (

c) is added to subsection (1) of 242

section 39.304, Florida Statutes, to read: 243 39.304 Photographs, medical examinations, X rays, and 244 medical treatment of abused, abandoned, or neglected child.— 245 (1) 246 (

c) If an examination is performed on a child under 247 paragraph (b), the parent or legal custodian from whom the child 248 was removed pursuant to s. 39.401 may: 249 1. If the initial examination was not performed by the 250 Child Protection Team, request that the child be examined by the 251 Child Protection Team as soon as practicable; 252 2. If the initial examination was performed by the Child 253 Protection Team, for the purpose of obtaining a second opinion 254 on diagnosis or treatment, request that the child be examined by 255 a physician licensed under

chapter 458 or

chapter 459 or an 256 advanced practice registered nurse licensed under

chapter 464 of 257 his or her choosing who routinely provides medical care to 258 pediatric patients; or 259 3. For the purpose of ruling out a differential diagnosis, 260 request that the child be examined by a physician licensed under 261

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chapter 458 or

chapter 459 or an advanced practice registered 262 nurse licensed under

chapter 464 who routinely provides 263 diagnosis of and medical care to pediatric patients for the 264 conditions specified in s. 39.303(4)(b). 265 266 An examination requested under subparagraph 2. or subparagraph 267 3. must be paid for by the parent or legal custodian making such 268 request or as otherwise covered by insurance or Medicaid. An 269 examination may not be requested under this paragraph for the 270 purpose of obtaining a second opinion as to whether a child has 271 been sexually abused. 272

Section 4. This act shall take effect July 1, 2026. 273