Florida law mandating child abuse

13 Feb

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.

An officer or employee of the judicial branch is not required to again provide notice of reasonable cause to suspect child abuse, abandonment, or neglect when that child is currently being investigated by the department, there is an existing dependency case, or the matter has previously been reported to the department, provided there is reasonable cause to believe the information is already known to the department.

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AB-PA gives you the rock solid Foundations on which to stand and fight for your children.

Reasonable suspicion in the context of Failure to Report Child Abuse or Neglect has not been specifically defined by Florida's appellate courts, but there are numerous appellate decisions defining reasonable suspicion in general terms, which would likely be applied by the courts.

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, as defined in this chapter, 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 shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2).

409.987 shall 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 suspected or actual case of child abuse, abandonment, or neglect or the sexual abuse of a child to the department’s central abuse hotline.

An officer or employee of a law enforcement agency is not required to provide notice to the department of reasonable cause to suspect child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare 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 call.

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The only difference is that while every person is required to report known or suspected child abuse to the Florida Abuse Hotline, a lay person is not required to provide their name when doing so, whereas a health professional, child welfare worker, or teacher is required to provide their name when making the report.Sometimes cognitive problems or handicapping conditions interfere.Sometimes it is social, emotional or behavioral problems that present difficulty.The department’s Central Abuse Hotline is not required to electronically transfer calls and reports received pursuant to paragraph (2)(b) to the county sheriff’s office if the matter was initially reported to the department by the county sheriff’s office or another law enforcement agency. Florida child abuse laws, like the abuse laws of other states, fall within the Penal Code.