Florida Statute 39.145 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 39.00145

Annotations, Discussions, Cases:

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

Cases Citing Statute 39.00145

Total Results: 14

State v. MG

550 So. 2d 1122, 1989 WL 21573

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 1052021

Cited 35 times | Published

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

State v. Gonzalez

695 So. 2d 1290, 1997 WL 345716

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 425015

Cited 6 times | Published

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

D.C. v. J.M.

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

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60238668

Cited 5 times | Published

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

NT v. State

682 So. 2d 688, 1996 WL 648302

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 1680909

Cited 4 times | Published

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

Florida Carry, Inc. v. University of Florida

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

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60252329

Cited 2 times | Published

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

KC v. State

848 So. 2d 1193, 2003 WL 21359918

District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 1309444

Cited 1 times | Published

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

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

District Court of Appeal of Florida | Filed: May 10, 2024 | Docket: 68517943

Published

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

State v. K.C.

873 So. 2d 316, 2004 Fla. LEXIS 643, 2004 WL 905785

Supreme Court of Florida | Filed: Apr 29, 2004 | Docket: 64830646

Published

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

K.C. v. State

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

District Court of Appeal of Florida | Filed: Jun 13, 2003 | Docket: 64823868

Published

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

N.M.R. v. State

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

District Court of Appeal of Florida | Filed: May 8, 1998 | Docket: 64781058

Published

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

Department of Juvenile Justice v. State

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

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64778841

Published

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

N.T. v. State

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

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 64768767

Published

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

S.W. v. State

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

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 64760542

Published

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

State v. M.G.

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

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 64645799

Published

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