Florida Statute 39.00145 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.00145

39.00145 Records concerning children.—

(1) The case record of every child under the supervision of or in the custody of the department, the department’s authorized agents, or providers contracting with the department, including community-based care lead agencies and their subcontracted providers, must be maintained in a complete and accurate manner. The case record must contain, at a minimum, the child’s case plan required under part VII of this chapter and the full name and street address of all shelters, foster parents, group homes, treatment facilities, or locations where the child has been placed.

(2) Notwithstanding any other provision of this chapter, all records in a child’s case record must be made available for inspection, upon request, to the child who is the subject of the case record and to the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed.

(a) A complete and accurate copy of any record in a child’s case record must be provided, upon request and at no cost, to the child who is the subject of the case record and to the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed.

(b) The department shall release the information in a manner and setting that are appropriate to the age and maturity of the child and the nature of the information being released, which may include the release of information in a therapeutic setting, if appropriate. This paragraph does not deny the child access to his or her records.

(c) If a child or the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed, requests access to the child’s case record, any person or entity that fails to provide any record in the case record under assertion of a claim of exemption from the public records requirements of chapter 119, or fails to provide access within a reasonable time, is subject to sanctions and penalties under s. 119.10.

(d) For the purposes of this subsection, the term “caregiver” is limited to parents, legal custodians, permanent guardians, or foster parents; employees of a residential home, institution, facility, or agency at which the child resides; and other individuals legally responsible for a child’s welfare in a residential setting.

(3) If a court determines that sharing information in the child’s case record is necessary to ensure access to appropriate services for the child or for the safety of the child, the court may approve the release of confidential records or information contained in them.

(4) Notwithstanding any other provision of law, all state and local agencies and programs that provide services to children or that are responsible for a child’s safety, including the Department of Juvenile Justice, the Department of Health, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Education, the Department of Revenue, the school districts, the Statewide Guardian ad Litem Office, and any provider contracting with such agencies, may share with each other confidential records or information that are confidential or exempt from disclosure under chapter 119 if the records or information are reasonably necessary to ensure access to appropriate services for the child, including child support enforcement services, or for the safety of the child. However:

(a) Records or information made confidential by federal law may not be shared.

(b) This subsection does not apply to information concerning clients and records of certified domestic violence centers, which are confidential under s. 39.908 and privileged under s. 90.5036.

History.—s. 1, ch. 2009-34; s. 2, ch. 2009-43; s. 40, ch. 2011-213; s. 2, ch. 2024-70.

F.S. 39.00145 on Google Scholar

F.S. 39.00145 on Casetext

Amendments to 39.00145

Arrestable Offenses / Crimes under Fla. Stat. 39.00145

Level: Degree
Misdemeanor/Felony: First/Second/Third

S39.00145 2 - PUBLIC ORDER CRIMES - FAIL TO PROVIDE REQUESTED CHILDREN RECORDS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 39.00145

Total Results: 20

YOUTH AND FAMILY ALTERNATIVES, INC. v. D. T., D. T. 2

Court: District Court of Appeal of Florida | Date Filed: 2024-05-10

Snippet: 3 Under section 39.00145(1), Florida Statutes (2021), cited by the circuit

Florida Carry, Inc. v. University of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-30

Citation: 180 So. 3d 137, 2015 Fla. App. LEXIS 16115, 2015 WL 6567665

Snippet: natural persons — ”) ' (Emphasis ’ added); §• 39.00145(2)(c), Fla. Stat. (“If a child or the child’s

D.C. v. J.M.

Court: District Court of Appeal of Florida | Date Filed: 2014-01-29

Citation: 133 So. 3d 1080, 2014 WL 305284, 2014 Fla. App. LEXIS 1038

Snippet: Savage, 509 So.2d 1097, 1099 (Fla.1987). . § 39.00145(2)(d), Fla. Stat. (2013). . The Court acknowledges

Florida Department of Children & Families v. T.T.

Court: District Court of Appeal of Florida | Date Filed: 2013-05-06

Citation: 111 So. 3d 992, 2013 WL 1859172, 2013 Fla. App. LEXIS 7285

Snippet: Florida Statutes governing the Department. See §§ 39.00145(4), 39.201(5), 39.301, and 39.303(1), (2), Fla

State v. K.C.

Court: Supreme Court of Florida | Date Filed: 2004-04-29

Citation: 873 So. 2d 316, 2004 Fla. LEXIS 643

Snippet: the Fifth District’s decision in S.W. Compare § 39.0145, Fla. Stat. (Supp.1994) with § 985.216, Fla. Stat

K.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-06-13

Citation: 848 So. 2d 1193, 2003 Fla. App. LEXIS 8813

Snippet: contempt under section 39.0145, Florida Statutes (Supp.1994). Section 39.0145 was renumbered as section

KC v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-06-13

Citation: 848 So. 2d 1193, 2003 WL 21359918

Snippet: contempt under section 39.0145, Florida Statutes (Supp.1994). Section 39.0145 was renumbered as section

N.M.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-05-08

Citation: 711 So. 2d 145, 1998 Fla. App. LEXIS 5065, 1998 WL 226093

Snippet: to jail for contempt. She relies upon section 39.0145, Florida Statutes (1995) in which the statutory

Department of Juvenile Justice v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-02-13

Citation: 705 So. 2d 1048, 1998 Fla. App. LEXIS 1232, 1998 WL 56405

Snippet: the contempt charge in accordance with section 39.0145, Florida Statutes (1995). CAMPBELL, A.C.J., and

State v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 1997-06-25

Citation: 695 So. 2d 1290, 1997 WL 345716

Snippet: Florida Rule of Criminal Procedure 3.840 and section 39.0145, Florida Statutes (1995), see Florida Rule of Criminal

N.T. v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-11-08

Citation: 682 So. 2d 688, 1996 Fla. App. LEXIS 11846

Snippet: proceedings against N.T. The state suggests that section 39.0145, Florida Statutes (1995), allows a trial court

NT v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-11-08

Citation: 682 So. 2d 688, 1996 WL 648302

Snippet: proceedings against N.T. The state suggests that section 39.0145, Florida Statutes (1995), allows a trial court

S.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-12-01

Citation: 664 So. 2d 39, 1995 Fla. App. LEXIS 12461, 1995 WL 704744

Snippet: contempt violates the requirements of section 39.0145(2), Florida Statutes (Supp. 1994) because the record

State v. M.G.

Court: District Court of Appeal of Florida | Date Filed: 1989-03-14

Citation: 550 So. 2d 1122, 14 Fla. L. Weekly 683, 1989 Fla. App. LEXIS 1369

Snippet: juvenile proceedings. The state argues that section 39.145(1), Florida Statutes (1987), which grants the state

State v. MG

Court: District Court of Appeal of Florida | Date Filed: 1989-03-14

Citation: 550 So. 2d 1122, 1989 WL 21573

Snippet: juvenile proceedings. The state argues that section 39.145(1), Florida Statutes (1987), which grants the state

Prudential Insurance Co. of America v. Tennen

Court: District Court of Appeal of Florida | Date Filed: 1980-05-13

Citation: 383 So. 2d 735, 1980 Fla. App. LEXIS 16709

Snippet: the last monthly premiums paid on policy number 39-145-694 were for the month of December, 1976 and that

France v. Hart

Court: District Court of Appeal of Florida | Date Filed: 1964-12-22

Citation: 170 So. 2d 52

Snippet: [3] Hewitt v. Punta Gorda State Bank, 108 Fla. 39, 145 So. 883 (1933). [4] See Riesen v. Maryland Casualty

Riesen v. Maryland Casualty Co.

Court: Supreme Court of Florida | Date Filed: 1943-06-22

Citation: 14 So. 2d 197, 153 Fla. 205, 1943 Fla. LEXIS 587

Snippet: So. 553; Hewitt v. Punta Gorda Bank, 108 Fla. 39, 145 So. 883; Hillsborough County v. Dickenson, 125

State Ex Rel. Moore v. Gillian

Court: Supreme Court of Florida | Date Filed: 1940-02-09

Citation: 193 So. 751, 141 Fla. 707

Snippet: 753; Hewitt v. Punta Gorda State Bk.,108 Fla. 39, 145 So. 883." McCarthy's Chancery Practice Act, page

R. D. Lamar, Inc. v. Ray

Court: Supreme Court of Florida | Date Filed: 1938-06-09

Citation: 182 So. 292, 132 Fla. 704, 1938 Fla. LEXIS 1818

Snippet: Hewitt, et al., v. Punta Gorda State Bank, 108 Fla. 39, 145 So.2d 883. The allegations of the bill of complaint