Florida Statute 39.202 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.202

39.202 Confidentiality of reports and records in cases of child abuse or neglect; exception.—

(1) In order to protect the rights of the child and the child’s parents or other persons responsible for the child’s welfare, all records held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by this chapter. Such exemption from s. 119.07(1) applies to information in the possession of those entities granted access as set forth in this section.

(2) Except as provided in subsection (4), access to such records, excluding the name of, or other identifying information with respect to, the reporter which may only be released as provided in subsection (5), may only be granted to the following persons, officials, and agencies:

(a) Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, the Agency for Health Care Administration, the Department of Education, or county agencies responsible for carrying out:

1. Child or adult protective investigations;

2. Ongoing child or adult protective services;

3. Early intervention and prevention services;

4. Healthy Start services;

5. Licensure or approval of adoptive homes, foster homes, child care facilities, facilities licensed under chapters 393 and 394, family day care homes, providers who receive school readiness funding under part VI of chapter 1002, or other homes used to provide for the care and welfare of children;

6. Employment screening for caregivers in residential group homes and facilities licensed under chapters 393, 394, and 409; or

7. Services for victims of domestic violence when provided by certified domestic violence centers working at the department’s request as case consultants or with shared clients.

Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985.

(b) Criminal justice agencies of appropriate jurisdiction.

(c) The state attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred.

(d) The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected; the child; the child’s guardian ad litem; the child’s attorney ad litem, if one is appointed; or any attorney representing a child in civil or criminal proceedings. This access must be made available no later than 60 days after the department receives the initial report of abuse, neglect, or abandonment. However, any information otherwise made confidential or exempt by law may not be released pursuant to this paragraph.

(e) Any person alleged in the report as having caused the abuse, abandonment, or neglect of a child. This access shall be made available no later than 60 days after the department receives the initial report of abuse, abandonment, or neglect and, when the alleged perpetrator is not a parent, shall be limited to information involving the protective investigation only and shall not include any information relating to subsequent dependency proceedings. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.

(f) A court upon its finding that access to such records may be necessary for the determination of an issue before the court; however, such access shall be limited to inspection in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it.

(g) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business.

(h) Any appropriate official of the department, the Agency for Health Care Administration, or the Agency for Persons with Disabilities who is responsible for:

1. Administration or supervision of the department’s program for the prevention, investigation, or treatment of child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult, when carrying out his or her official function;

2. Taking appropriate administrative action concerning an employee of the department or the agency who is alleged to have perpetrated child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult; or

3. Employing and continuing employment of personnel of the department or the agency.

(i) Any person authorized by the department who is engaged in the use of such records or information for bona fide research, statistical, or audit purposes. Such individual or entity shall enter into a privacy and security agreement with the department and shall comply with all laws and rules governing the use of such records and information for research and statistical purposes. Information identifying the subjects of such records or information shall be treated as confidential by the researcher and shall not be released in any form.

(j) The Division of Administrative Hearings for purposes of any administrative challenge.

(k) Any appropriate official of a Florida advocacy council investigating a report of known or suspected child abuse, abandonment, or neglect; the Auditor General or the Office of Program Policy Analysis and Government Accountability for the purpose of conducting audits or examinations pursuant to law; or the guardian ad litem for the child.

(l) Employees or agents of an agency of another state that has comparable jurisdiction to the jurisdiction described in paragraph (a).

(m) The Public Employees Relations Commission for the sole purpose of obtaining evidence for appeals filed pursuant to s. 447.207. Records may be released only after deletion of all information which specifically identifies persons other than the employee.

(n) Employees or agents of the Department of Revenue responsible for child support enforcement activities.

(o) Any person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect. Information identifying the person reporting abuse, abandonment, or neglect shall not be released. Any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.

(p) An employee of the local school district who is designated as a liaison between the school district and the department pursuant to an interagency agreement required under s. 39.0016 and the principal of a public school, private school, or charter school where the child is a student. Information contained in the records which the liaison or the principal determines are necessary for a school employee to effectively provide a student with educational services may be released to that employee.

(q) An employee or agent of the Department of Education who is responsible for the investigation or prosecution of misconduct by a certified educator.

(r) Staff of a children’s advocacy center that is established and operated under s. 39.3035.

(s) A physician licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a mental health professional licensed under chapter 491 engaged in the care or treatment of the child.

(t) Persons with whom the department is seeking to place the child or to whom placement has been granted, including foster parents for whom an approved home study has been conducted, the designee of a licensed child-caring agency as defined in s. 39.01, an approved relative or nonrelative with whom a child is placed pursuant to s. 39.402, preadoptive parents for whom a favorable preliminary adoptive home study has been conducted, adoptive parents, or an adoption entity acting on behalf of preadoptive or adoptive parents.

(3) The department may release to professional persons such information as is necessary for the diagnosis and treatment of the child or the person perpetrating the abuse or neglect.

(4) Notwithstanding any other provision of law, when a child under investigation or supervision of the department or its contracted service providers is determined to be missing, the following shall apply:

(a) The department may release the following information to the public when it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child:

1. The name of the child and the child’s date of birth;

2. A physical description of the child, including at a minimum the height, weight, hair color, eye color, gender, and any identifying physical characteristics of the child; and

3. A photograph of the child.

(b) With the concurrence of the law enforcement agency primarily responsible for investigating the incident, the department may release any additional information it believes likely to assist efforts in locating the child or to promote the safety or well-being of the child.

(c) The law enforcement agency primarily responsible for investigating the incident may release any information received from the department regarding the investigation, if it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child.

The good faith publication or release of this information by the department, a law enforcement agency, or any recipient of the information as specifically authorized by this subsection shall not subject the person, agency or entity releasing the information to any civil or criminal penalty. This subsection does not authorize the release of the name of the reporter, which may be released only as provided in subsection (5).

(5) The department may not release the name of, or other identifying information with respect to, any person reporting child abuse, abandonment, or neglect to any person other than employees of the department responsible for child protective services, the central abuse hotline, law enforcement, the Child Protection Team, or the appropriate state attorney, without the written consent of the person reporting. This does not prohibit the subpoenaing of a person reporting child abuse, abandonment, or neglect when deemed necessary by the court, the state attorney, or the department, provided the fact that such person made the report is not disclosed. Any person who reports a case of child abuse or neglect may, at the time he or she makes the report, request that the department notify him or her that a child protective investigation occurred as a result of the report. Any person specifically listed in s. 39.201(1) who makes a report in his or her official capacity may also request a written summary of the outcome of the investigation. The department shall mail such a notice to the reporter within 10 days after completing the child protective investigation.

(6) All records and reports of the Child Protection Team of the Department of Health are confidential and exempt from the provisions of ss. 119.07(1) and 456.057, and shall not be disclosed, except, upon request, to the state attorney, law enforcement, the department, and necessary professionals, in furtherance of the treatment or additional evaluative needs of the child, by order of the court, or to health plan payors, limited to that information used for insurance reimbursement purposes.

(7) Custodians of records made confidential and exempt under this section must grant access to such records within 7 business days after such records are requested by a legislative committee under s. 11.143, if requested within that timeframe.

(8) The department shall make and keep reports and records of all cases under this chapter and shall preserve the records pertaining to a child and family until the child who is the subject of the record is 30 years of age, and may then destroy the records. Within 90 days after the child leaves the department’s custody, the department shall give a notice to the person having legal custody of the child, or to the young adult who was in the department’s custody, which specifies how the records may be obtained.

(9) A person who knowingly or willfully makes public or discloses to any unauthorized person any confidential information contained in the central abuse hotline is subject to the penalty provisions of s. 39.205. This notice shall be prominently displayed on the first sheet of any documents released pursuant to this section.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 488, ch. 81-259; s. 11, ch. 84-226; s. 39, ch. 85-54; s. 14, ch. 85-224; s. 36, ch. 87-238; s. 2, ch. 88-80; s. 8, ch. 88-219; s. 26, ch. 88-337; s. 5, ch. 89-170; s. 5, ch. 89-278; s. 36, ch. 89-294; s. 2, ch. 89-535; s. 8, ch. 90-50; s. 7, ch. 90-208; s. 54, ch. 90-306; s. 9, ch. 91-57; s. 20, ch. 91-71; ss. 43, 48, ch. 92-58; s. 32, ch. 93-39; s. 16, ch. 93-214; s. 58, ch. 94-218; ss. 25, 46, ch. 95-228; s. 28, ch. 95-267; s. 15, ch. 96-402; s. 275, ch. 96-406; s. 1044, ch. 97-103; s. 15, ch. 97-276; s. 3, ch. 97-299; s. 15, ch. 98-137; s. 32, ch. 98-166; s. 3, ch. 98-255; s. 45, ch. 98-280; s. 32, ch. 98-403; s. 5, ch. 99-168; s. 11, ch. 99-193; s. 1, ch. 99-369; s. 18, ch. 2000-139; s. 2, ch. 2000-217; s. 6, ch. 2000-263; s. 51, ch. 2000-349; s. 12, ch. 2001-60; s. 27, ch. 2001-266; s. 2, ch. 2003-146; s. 1, ch. 2005-173; s. 1, ch. 2005-213; s. 6, ch. 2006-194; s. 3, ch. 2006-227; s. 2, ch. 2009-34; s. 2, ch. 2009-35; s. 4, ch. 2009-43; s. 2, ch. 2010-210; s. 2, ch. 2016-58; s. 2, ch. 2016-238; s. 4, ch. 2017-151; s. 15, ch. 2019-3; s. 1, ch. 2019-49; s. 1, ch. 2020-4; s. 3, ch. 2021-10; s. 5, ch. 2021-170; s. 1, ch. 2024-38; s. 12, ch. 2024-70.

Note.—Former ss. 828.041, 827.07(15); s. 415.51.

F.S. 39.202 on Google Scholar

F.S. 39.202 on Casetext

Amendments to 39.202

Arrestable Offenses / Crimes under Fla. Stat. 39.202

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

S39.202 8 - INVADE PRIVACY - RENUMBERED. SEE REC # 9513 - M: S

S39.202 9 - INVADE PRIVACY - UNAUTH DISCLOSE CONFID INFO ABUSE HOTLINE - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 39.202

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-10T00:00:00-07:00

Snippet: Finally, the circuit court's citation to section 39.202 simply has no bearing here. That statute provides… 6 or legal custodian, and his attorneys. § 39.202(2)(d). The statute does not require the department

STATEWIDE GUARDIAN AD LITEM v. AMAURY ALBERTO

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-19T00:53:00-07:00

Snippet: determination of an issue before the court.” § 39.202(2)(f). However, importantly, “such access shall…access DCF’s confidential records under section 39.202); J.B. v. State, 250 So. 3d 829 (Fla. 3d DCA) (

In Re: Amendments to the Florida Rules of Judicial Administration 2.420 - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2019-10-03T00:00:00-07:00

Snippet: subdivision (d)(1)(B)(i) adds a reference to section 39.202, Florida Statutes, which prohibits the release …ch. 2019-49, §§ 1, 3, Laws of Fla. (amending § 39.202(2), (5), Fla. Stat., effective July 1, 2019, to… and abandonment. §§ 39.0132(3), 39.0132(4)(a), 39.202, Fla. Stat. (ii) – (

R.L.F. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-17T00:00:00-07:00

Citation: 63 So. 3d 902, 2011 Fla. App. LEXIS 8973, 2011 WL 2416019

Snippet: records. Additionally, section 39.202 of the Florida Statutes (2010) states: 39.202 Confidentiality of reports…specifically authorized by this chapter. . . . § 39.202(1), Fla. Stat. (2010). The statute further states

M.S. v. Kids in Distress, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:00:00-07:00

Citation: 58 So. 3d 433, 2011 Fla. App. LEXIS 5545

Snippet: history of engaging in sexual abuse, because section 39.202, Florida Statutes (2004),1 prohibits the dissemination…to receive such information pursuant to section 39.202, Florida Statutes. Moreover, the complaint did …19 So.3d 1081, 1084 (Fla. 4th DCA 2009). Section 39.202 provides for the confidentiality of reports and…educational services may be released to that employee. § 39.202, Fla. Stat. (2004) (Emphasis added). A general …principal of the elementary school pursuant to section 39.202(2)(p). In her deposition, the principal testified

State v. Grayson

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-21T00:53:00-07:00

Citation: 965 So. 2d 334

Snippet: section 39.202(5). The court found that an information based on a violation of section 39.202(5) is "…Several sections of Chapter 39 are relevant. Section 39.202(1), Florida Statutes (2004), provides that all …§ 39.205(5), 206(9), Fla. Stat. (2004). Section 39.202(5) provides for limited release of the name of …investigation of the purpose of the investigation. Sections 39.202(8) and 39.205(3) make it a second-degree misdemeanor…detective had acted illegally and had violated section 39.202(4) by making available an audiotape of her child

Ross v. Blank

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-02T00:53:00-07:00

Citation: 958 So. 2d 437

Snippet: 849 So.2d 331, 332 (Fla. 2d DCA 2003). Section 39.202, Florida Statutes, governs confidentiality of reports…determination of an issue before the court." § 39.202(f), Fla. Stat. (2005). Having found that Blank

DEVEREUX FLA. TREATMENT NETWORK v. McIntosh

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-27T00:53:00-07:00

Citation: 940 So. 2d 1202

Snippet: all abuse reports to HRS. However, under section 39.202, Florida Statutes, all unfounded reports of child

Vanslyke v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-13T00:53:00-07:00

Citation: 936 So. 2d 1218

Snippet: to certain confidentiality requirements. See § 39.202(5). [7] For various circumstances in which a report

In Re OC

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-26T00:53:00-07:00

Citation: 934 So. 2d 623

Snippet: anonymous, as provided for under Florida law. See § 39.202(5), Fla. Stat. (2004). The report was investigated

L.M.C. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-26T00:00:00-07:00

Citation: 934 So. 2d 623, 2006 Fla. App. LEXIS 12342

Snippet: anonymous, as provided for under Florida law. See § 39.202(5), Fla. Stat. (2004). The report was investigated

Department of Children & Family Services v. Patterson

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-07T00:00:00-07:00

Citation: 925 So. 2d 337, 2005 Fla. App. LEXIS 16036, 2005 WL 2467264

Snippet: disclosing information protected under section 39.202, Florida Statutes (2002), be grouped in one area…Hill, 371 So.2d 573 (Fla. 1st DCA 1979). Section 39.202(1) requires the Department to maintain the confidentiality…and those circumstances are present here. Section 39.202(2)(f) provides: (2) Access to such records, excluding

Ago

Court: Fla. Att'y Gen. | Date Filed: 2004-11-22T23:53:00-08:00

Snippet: held confidential and exempt as provided in s. 39.202." Prior to the 2003 amendment, section 39.201… held confidential and exempt as provided in s. 39.202." Thus, the above statute provides that only

Sarasota Herald-Tribune v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-14T00:00:00-07:00

Citation: 873 So. 2d 506

Snippet: protected from disclosure. See art. I, § 24(c). Section 39.202(1), Florida Statutes (2001), provides that “[i]…exempt from the provisions of s. 119.07(1).” Section 39.202(2)(o) provides, however, that child abuse records…the exemption from disclosure afforded by section 39.202(1), records in child abuse cases may be made public…However, this subsection does not con*510travene [s.] 39.202 ..., which protect[s] the name of any person reporting

State v. White

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-05T00:00:00-08:00

Citation: 867 So. 2d 594, 2004 Fla. App. LEXIS 2685, 2004 WL 401743

Snippet: . Section 39.202(1) provides that all calls to the hotline are confidential. Section 39.202(4) provides…Department acted illegally and violated section 39.202(4) by making an audiotape of her child abuse hotline…allow disclosure to the alleged. perpetrator. § 39.202(4). A person who knowingly and willfully discloses…person is guilty of a second-degree misdemeanor. §§ 39.202(7), 39.205(3). Section 39.205(6) provides that …audiotape for the father and daughter violated section 39.202. Although Detective Lofton did not disclose the

Florida Department of Children and Families v. Sun-Sentinel, Inc.

Court: Fla. | Date Filed: 2004-02-05T00:00:00-08:00

Citation: 865 So. 2d 1278

Snippet: LEWIS, J., concurs in result only. NOTES [1] See § 39.202, Fla. Stat. (2002). [2] We have jurisdiction to

Elders v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-18T23:53:00-08:00

Citation: 849 So. 2d 331

Snippet: pursuant to this paragraph. § 39.202(2)(e), Fla. Stat. (2002). Second, section 39.202(2)(f) provides that such…clear right to obtain any report by Williams, see § 39.202(2)(e), Fla. Stat. (2000), and that the trial court… postconviction issues pending before it, see § 39.202(2)(f)[.]" We directed the circuit court "…clarify the scope of our earlier decision. Section 39.202(1), Florida Statutes (2002), generally provides…these provisions are pertinent here. First, section 39.202(2)(e) provides that such records shall be released

Campus Communications, Inc. v. Earnhardt

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-12T00:53:00-07:00

Citation: 821 So. 2d 388

Snippet: constitutionally suspect. See, e.g., §§ 14.28, 39.202(5), 119.07(3), 240.2996(6), 288.075(2), 397.501

Elders v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-31T00:00:00-08:00

Citation: 805 So. 2d 925, 2001 Fla. App. LEXIS 15195, 2001 WL 1334332

Snippet: clear right to obtain any report by Williams, see § 39.202(2)(e), Fla. Stat. (2000), and that the trial court… postconviction issues pending before it, see § 39.202(2)(f), the trial court has rebuffed Elders’ attempts

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-07-23T00:53:00-07:00

Snippet: abandonment, or neglect are confidential under section 39.202(1), Florida Statutes? In sum: Records relating …records, do not fall within the parameters of section 39.202, Florida Statutes. An examination of the operating…reports would not be confidential under section 39.202(1), Florida Statutes. To the extent that such incident…records, do not fall within the parameters of section 39.202, Florida Statutes. An examination of the operating…reports would not be confidential under section 39.202(1), Florida Statutes. To the extent that such reports