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Answer |
Who is required to report? |
- Physicians;
- Osteopaths;
- Medical examiners;
- Chiropractors;
- Nurses;
- Hospital personnel;
- Healthcare professional or mental health professionals;
- Practitioners who rely solely on spiritual means for healing;
- School teachers or other school officials or personnel;
- Social workers;
- Day care center workers, or other professional, child care worker, foster care worker, residential worker or institutional worker;
- Law enforcement officers;
- Judges;
- Animal control officer
- Any 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 or that 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 supervision and care;
- Any person who knows or has or reasonable cause to suspect that a child is abused by an adult other than a parent, legal custodian, caregiver or other person responsible for the child’s welfare; and
- Any person who knows or has or reasonable cause to suspect that a child is the victim of childhood sexual abuse or the victim of a known or suspected juvenile sexual offender.
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When is a report required and where does it go? |
When is a report required?
- A person is required to report immediately to the Department of Children and Family Services’ central abuse hotline (1-800-962-2873), 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:
- 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; or
- Child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child's The central abuse hotline must immediately electronically transfer such reports to the appropriate county sheriff's office.
- 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.
- An additional report of child abuse, abandonment, or neglect is not required to be made by:
- 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;
- 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; or
- 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.
Nothing in [the above] section or in the contract with community-based care providers for foster care and related services 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.
- Abuse occurring out of state:
- Except as provided below, 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.
- 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.
Where does it go?
- Upon receiving a report through the central abuse hotline, the Department of Children and Family Services will then:
- Accept reports for investigation when there is reasonable cause to suspect that a child has been or is being abused or neglected or has been abandoned.
- Determine whether the allegations made by the reporter require an immediate or a 24–hour response.
- Immediately identify and locate previous reports or cases of child abuse, abandonment, or neglect through the use of the department’s automated tracking system.
- Track critical steps in the investigative process to ensure compliance with all requirements for any report or case of abuse, abandonment, or neglect.
- When appropriate, refer reporters who do not allege child abuse, abandonment, or neglect to other organizations that may better resolve the reporter’s concerns.
- Serve as a resource for the evaluation, management, and planning of preventive and remedial services for children who have been abused, abandoned, or neglected.
- Initiate and enter into agreements with other states for the purposes of gathering and sharing information contained in reports on child maltreatment to further enhance programs for the protection of children.
- Reports shall be made to the Department of Children and Family Services’ central abuse hotline (1-800-962-2873), Florida Relay (711), teletype (711 or 1-800-955-8771), via facsimile (1-800-914-0004), or web-based report (https://reportabuse.dcf.state.fl.us/Child/ChildForm.aspx) (unless the report is of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older the report shall be made immediately to the appropriate county sheriff’s office or other appropriate law enforcement agency). Reports in Spanish or Creole shall be made to 1-800-962-2873, or teletype use 711 or 1-800-955-8771 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.
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What definitions are important to know? |
- “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child, or the caregiver, while being able, has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. Such relationship includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient. The incarceration, repeated incarceration, or extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment. The absence of a parent, legal custodian, or caregiver responsible for a child’s welfare, who is a servicemember, by reason of deployment or anticipated deployment as defined in 50 U.S.C. s. 3938(e), may not be considered or used as a factor in determining abandonment.
- “Abuse” means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes the birth of a new child into a family during the course of an open dependency case when the parent or caregiver has been determined to lack the protective capacity to safely care for the children in the home and has not substantially complied with the case plan towards successful reunification or met the conditions for return of the children into the home. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.
- “Child” or “youth” means any unmarried person under the age of 18 years who has not been emancipated by order of the court.
- “Harm” to a child’s health or welfare can occur when any person:
- Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury;
- Commits, or allows to be committed, sexual battery, or lewd or lascivious acts, against the child;
- Allows, encourages, or forces the sexual exploitation of a child, which includes allowing, encouraging, or forcing a child to solicit for or engage in prostitution, or engage in a sexual performance;
- Exploits a child, or allows a child to be exploited;
- Abandons the child;
- Neglects the child;
- Exposes a child to a controlled substance or alcohol;
- Uses mechanical devices, unreasonable restraints, or extended periods of isolation to control a child;
- Engages in violent behavior that demonstrates a wanton disregard for the presence of a child and could reasonably result in serious injury to the child;
- Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual injury caused by the acts of another;
- Has allowed a child’s sibling to die as a result of abuse, abandonment, or neglect; or
- Makes the child unavailable for the purpose of impeding or avoiding a protective investigation unless the court determines that the parent, legal custodian, or caregiver was fleeing from a situation involving domestic violence.
“Neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, a court may order services to be provided, when the health of the child so requires. |
What timing and procedural requirements apply to reports? |
- Reports must be submitted immediately and can be oral, written, or electronically transmitted.
- If the report is of an instance of known or suspected child abuse, these reporting provisions do not apply to health care professionals or other persons who provide medical or counseling services to pregnant children when such reporting would interfere with the provision of medical services.
- The department’s central abuse hotline shall be able to receive all reports of known or suspected child abuse, abandonment, or neglect, by any person, at any hour of the day or night, any day of the week.
- The Department will generally initiate an investigation within 24 hours of receiving a report. However, the Department will initiate an investigation immediately if it appears that:
- The immediate safety or well-being of a child is endangered;
- The family may flee or the child may be unavailable for purposes of conducting a child protective investigation; or
- The facts reported to the central abuse hotline otherwise so warrant.
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What information must a report include? |
- A report must contain the name of the reporter if the reporter is one of the following:
- Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;
- Other type of health or mental health professional;
- Practitioner who relies solely on spiritual means for healing;
- School teacher or other school official or personnel;
- Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker;
- Law enforcement officer;
- Judge; or
- Animal control officer.
- Other reporters will be asked, but not required, to provide their names.
- Reporters contacting the Florida Abuse hotline should expect to be asked for the following information:
- Demographical information of the person’s involved in the situation being reported. This includes the names, ages or approximate age, dates of birth (if known), race, gender, social security number (if known).
- Addresses or other means to locate the subjects of the report, including current location. Some common means to locate may include, but not be limited to:
- Home Address
- Phone number
- School Name, Address, and Phone Number
- Parents/Caregivers Work Location, Address, Phone Number
- Directions to the Home
- Information regarding disabilities and/or limitation of the victims.
- Relationship of the alleged perpetrator to the child.
- Specifics of the incident being reported. Some common questions asked by the Hotline Counselor include:
- What happened to the victim?
- Who caused the harm?
- What were the affects to the victim?
- Any known history, frequency, etc. of the same or similar incidents.
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Anything else I should know? |
- The department shall voice-record all incoming or outgoing calls that are received or placed by the central abuse hotline which relate to suspected or known child abuse, neglect, or abandonment. The department shall maintain an electronic copy of each fax and web-based report. The recording or electronic copy of each fax and web-based report shall become a part of the record of the report but, notwithstanding s. 39.202, shall be released in full only to law enforcement agencies and state attorneys for the purpose of investigating and prosecuting criminal charges pursuant to s. 39.205, or to employees of the department for the purpose of investigating and seeking administrative penalties pursuant to s. 39.206. Nothing in this paragraph shall prohibit the use of the recordings, the electronic copies of faxes, and web-based reports by hotline staff for quality assurance and training.
- A professional who is hired by or enters into a contract with the department for the purpose of treating or counseling any person, as a result of a report of child abuse, abandonment, or neglect, is not required to again report to the central abuse hotline the abuse, abandonment, or neglect that was the subject of the referral for treatment.
- Any person required to report who knowingly and willingly fails to do so commits a felony in the third degree. A person who is 18 years of age or older and lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to report the child abuse commits a felony of the third degree (unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist).
- Any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect, except communications between attorney and client, shall not be privileged and thus shall not constitute grounds for failing to make a mandated report.
- Any Florida College System institution, state university, or nonpublic college, university, or school, whose administrators knowingly and willfully, upon receiving information from faculty, staff, or other institution employees, fail to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school, or during an event or function sponsored by the university, college, or school, or who knowingly and willfully prevent another person from doing so, shall be subject to fines of $1 million for each such failure.
- Any Florida College System institution, state university, or nonpublic college, university, or school, whose law enforcement agency fails to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school, or during an event or function sponsored by the university, college, or school, shall be subject to fines of $1 million for each such failure assessed.
- A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree. The department may impose a fine, not to exceed $10,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse, abandonment, or neglect of a child, or a person who counsels another to make a false report. Anyone making a report who is acting in good faith is immune from such liability.
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Statutory citation(s): |
- Fla. Stat. §§ 39.01, 39.201-206.
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