SB 232 — Child Welfare

Florida Senate - 2020 CS for SB 232 By Senatorthe BookCommittee 32-00076A-20on 2020232__Children, AFamilies, billand toElder beAffairs; entitled An act relating to child welfare;

and Senator Book 586-01384-20 2020232c1 A bill to be entitled An act relating to child welfare;

12 Section 1. Paragraphs1. Paragraph (m)(a) andof (n) are added to subsection (35) of section 39.01, Florida Statutes, is amended, and paragraphs (m) and (n) are added to that subsection, to read:

(a) Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury.

In determining whether harm has occurred, the following factors must be considered in evaluating any physical, mental, or emotional injury to a child:

the age of the child;

any prior history of injuries to the child;

the location of the injury on the body of the child;

the multiplicity of the injury;

and the type of trauma inflicted.

Such injury includes, but is not limited to:

1. Willful acts that produce the following specific injuries:

a. Sprains, dislocations, or cartilage damage.

b. Bone or skull fractures.

c. Brain or spinal cord damage.

d. Intracranial hemorrhage or injury to other internal organs.

e. Asphyxiation, suffocation, or drowning.

f. Injury resulting from the use of a deadly weapon.

g. Burns or scalding.

h. Cuts, lacerations, punctures, or bites.

i. Permanent or temporary disfigurement.

j. Permanent or temporary loss or impairment of a body part or function.

42 As used in this subparagraph, the term “willful” refers to the intent to perform an action, not to the intent to achieve a result or to cause an injury.

2. Purposely giving a child, or storing or leaving out when a person knows or reasonably should know that a child is likely to gain access to, poison, alcohol, drugs, or other substances that substantially affect the child’s behavior, motor coordination, or judgment or that result in sickness or internal injury.

For the purposes of this subparagraph, the term:

a. “Drugs” means prescription drugs not prescribed for the child or not administered as prescribed, and controlled substances as outlined in Schedule I or Schedule II of s.

893.03.

b. “Other substances” includes any liquid that contains nicotine, flavorings or, other substances that are heated into a vapor by an electronic cigarette or other vaping device to be inhaled by an individual.

3. Leaving a child without adult supervision or arrangement appropriate for the child’s age or mental or physical condition, so that the child is unable to care for the child’s own needs or another’s basic needs or is unable to exercise good judgment in responding to any kind of physical or emotional crisis.

4. Inappropriate or excessively harsh disciplinary action that is likely to result in physical injury, mental injury as defined in this section, or emotional injury.

The significance of any injury must be evaluated in light of the following factors:

the age of the child;

any prior history of injuries to the child;

the location of the injury on the body of the child;

the multiplicity of the injury;

and the type of trauma inflicted.

Corporal discipline may be considered excessive or abusive when it results in any of the following or other similar injuries:

a. Sprains, dislocations, or cartilage damage.

b. Bone or skull fractures.

c. Brain or spinal cord damage.