SB 42 — Specific Medical Diagnoses in Child Protective Investigations

Florida Senate - 2026 CS for CS for SB 42 By the Appropriations Committee on FiscalHealth Policy;and Human Services;

theand AppropriationsSenators CommitteeSharief, onRouson, HealthGrall, Bernard, and HumanGarcia Services;603-02958-26 202642c1 A bill to be entitled An act relating to specific medical diagnoses in child protective investigations;

and Senators Sharief, Rouson, Grall, Bernard, and Garcia 594-03331-26 202642c2 A bill to be entitled An act relating to specific medical diagnoses in child protective investigations;

requiring Child Protection Teams to consult with a licensed physician or advanced practice registered nurse with specified pediatric experience when evaluating certain reports;

requiring the physician or advanced practice registered nurse who performed certain medical examinations to submit a written report to the department and certain persons within a Page 1 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 department and certain persons within a specified timeframe;

requiring that certain patient records be furnished to the Department of Children and Families or its agent or contracted entity within a specified timeframe;

Allegations of criminal conduct which are not immediately forwarded to the law enforcement agency pursuant to subparagraph 1.Page 2 of 15 CODING:

or subparagraph 2.

must be immediately forwarded to the law Page 2 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 enforcement1. agency upon completion of the investigation under this part if criminal conduct is still alleged.

or subparagraph 2.

must be immediately forwarded to the law enforcement agency upon completion of the investigation under this part if criminal conduct is still alleged.

39.303(4) and to provide the name and contact information of the licensedpractitioner health care professional who made such diagnosis or treated the child for the diagnosed condition to the department within 10 days after being informed of such duty.

(9)(a) For each report received from the central abuse hotline and accepted for investigation, the department shall perform the following child protective investigation activities Page 3 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 perform the following child protective investigation activities to determine child safety:

Determine whether there is any indication that any child in the family or household has been abused, abandoned, or neglected;Page 4 of 15 CODING:

the nature and extent of present or prior injuries, Page 4 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 abuse,neglected; or neglect, and any evidence thereof;

the nature and extent of present or prior injuries, abuse, or neglect, and any evidence thereof;

For a child whowith has a preexisting medicalcondition diagnosislisted specified in s.

39.303(4), as reported by the parent or legal custodiancustodian, of the child, request the relevant medical records from thea licensed health care professional who diagnosed or treated the child for suchthat medicalcondition. diagnosis.

7.6.7.

Document the present and impending dangers to each child based on the identification of inadequate protective capacity through utilization of a standardized safety assessment instrument.Page 5 of 15 CODING:

If present or impending danger is identified, the Page 5 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 childinstrument. protective investigator must implement a safety plan or take the child into custody.

If present or impending danger is identified, the child protective investigator must implement a safety plan or take the child into custody.

A child protective investigator must shall implement separate safety plans for the perpetrator of domestic violence, if the investigator, using reasonable efforts, can locate the perpetrator to implement a safety plan, and for the Page 6 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 locate the perpetrator to implement a safety plan, and for the parent who is a victim of domestic violence as defined in s.

(I) The parent or legal custodian is of young age;

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 (II)(I) The parent or legal custodian,custodian oris an adult currently living in or frequently visiting the home, has a history of substanceyoung abuse,age; mental illness, or domestic violence;

(II) The parent or legal custodian, or an adult currently living in or frequently visiting the home, has a history of substance abuse, mental illness, or domestic violence;

Criteria that are factors requiring that the department take the child into custody, petition the court as provided in this chapter, or, if the child is not taken into custody or a Page 8 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 this chapter, or, if the child is not taken into custody or a petition is not filed with the court, conduct an administrative review.

Requirements that if after an administrative review the department determines not to take the child into custody or petition the court, the department must shall document the reason for its decision in writing and include it in the investigative file.

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

eligible cases.— (4) AWhen Childevaluating Protectiona Teamchild shall consult with a physicianreported licensedpreexisting undermedical chapterdiagnosis 458of orany chapterof 459the orfollowing anconditions, advanceda practiceChild registered nurse licensed under chapter 464 who has Page 9 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 experienceProtection treatingTeam childrenshall consult with thea medicalphysician conditionslicensed specifiedunder inchapter this458 subsectionor whenchapter evaluating459 aor childan withadvanced apractice reportedregistered preexistingnurse medicallicensed diagnosisunder ofchapter any464 ofwho thehas following:experience treating children with such condition:

(d) A physician assistant licensed under chapter 458 or chapter 459, who may complete the review only when working under Page 10 of 15 CODING:

Florida Senate - 2026 CS for CS for SB 42 594-03331-26603-02958-26 202642c2202642c1 chapter 459, who may complete the review only when working under the supervision of the Child Protection Team medical director or a physician licensed under chapter 458 or chapter 459 who holds board certification in pediatrics and is a member of a Child Protection Team;