Florida/Georgia Personal Injury & Workers Compensation

...While these reports are generally kept confidential, they may be disclosed to “[e]mployees, authorized agents, or contract providers of the [DCF], the Department of Health, or county agencies responsible for carrying out . . . [l]icensure or approval of adoptive homes.” Id. § 39.202(2)(a).2 Florida’s adoption laws state that before a child is placed in an “intended adoptive home, a preliminary home study must be performed.” Id....

...Behrens and his wife would like to adopt another child and have attempted to do so. They have, however, been unsuccessful. Behrens believes he has been precluded from adopting another child because the DCF has damaged his 2 Section 39.202 lists the other limited circumstances in which child abuse records may be disclosed. See Fla. Stat. Ann. § 39.202(2). 4 reputation by classifying him as a “verified” child abuser....

...d to cases such as this, where a "good cause" petition is filed to access otherwise confidential public records. It is so ordered. ANSTEAD, C.J., and WELLS, PARIENTE, QUINCE, and CANTERO, JJ., concur. LEWIS, J., concurs in result only. NOTES [1] See § 39.202, Fla....

...Appellant believes that the report is relevant to determination of his defamation claim. The standard of review of the trial court's decision not to conduct an in camera inspection of the DCF report is whether the trial court abused its discretion. Elders v. State, 849 So.2d 331, 332 (Fla. 2d DCA 2003). Section 39.202, Florida Statutes, governs confidentiality of reports and records in cases of child abuse or neglect. *442 That statute allows a trial court to review a DCF report in camera "upon its finding that access to such records may be necessary for the determination of an issue before the court." § 39.202(f), Fla....

...The judge ordered DCF to produce this information at a hearing set for the following day. At that hearing, DCF argued that the trial court lacked jurisdiction to consider children other than I.C. and that requiring DCF to provide the records of those other children would violate sections 39.202(1) & (2)(f), Florida Statutes (Supp....

...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. § 39.202(2)(f), Fla....

...s search, see State v. Jones, 188 Ariz. 388, 937 P.2d 310, 317-18 (1997); State v. Plant, 236 Neb. 317, 461 N.W.2d 253, 260-63 (1990). [6] The name of a person reporting child abuse is, of course, subject to certain confidentiality requirements. See § 39.202(5)....

...losure of records from the abuse hotline to "[c]riminal justice agencies of appropriate jurisdiction," as well as "[t]he state attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred." FLA. STAT. § 39.202(2)(b)(c). Law enforcement officials may access the Florida Safe Families Network and make such use of the data as they see fit. Preliminary Injunction Hearing at 10:58 A.M. (Drew Parker, attorney for DCF); see also FLA. STAT. § 39.202(2)(b)-(c)....

...Devereux to produce certain documents that are clearly privileged, with no showing that the documents are relevant to any issue in the litigation. First, Devereux was ordered to produce records that included all abuse reports to HRS. However, under section 39.202, Florida Statutes, all unfounded reports of child abuse (until September 30, 1995), are privileged and inadmissible in any private negligence action....

...ts, but his motion was denied by the circuit court. We treated Elders' prior appeal as a certiorari proceeding and quashed the denial order. In our opinion we noted that "it appears that Elders has a clear right to obtain any report by Williams, see § 39.202(2)(e), Fla. Stat. (2000), and that the trial court has the authority to conduct an in camera inspection to determine the postconviction issues pending before it, see § 39.202(2)(f)[.]" We directed the circuit court "to conduct an in camera inspection of the pertinent reports." Elders, 805 So.2d at 925. Elders now complains of the circuit court's refusal, following our prior decision, *332 to expand its inquiry to all materials held by the department relative to Elders's case. We write to clarify the scope of our earlier decision. Section 39.202(1), Florida Statutes (2002), generally provides that "all records held by the department concerning reports of child abandonment, abuse, or neglect" are confidential and exempt from the public records laws, and that such records are not to be disclosed except as authorized by chapter 39. Subsection (2) of that statute contains a list of persons, officials and agencies who may have access to some or all of the mentioned records. Two of these provisions are pertinent here. First, section 39.202(2)(e) provides that such records shall be released to "[a]ny person alleged in the report as having caused the abuse, abandonment, or neglect of a child." Access to such records is somewhat qualified: This access shall be made availabl...

...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. § 39.202(2)(e), Fla. Stat. (2002). Second, section 39.202(2)(f) provides that such records shall be released to 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. As can be seen, the right of access under section 39.202(2)(e) is unfettered by any restriction on the purpose of the request, but the scope of the access is limited by restrictions on content. In contrast, the access granted to a court under section 39.202(2)(f) is unrestricted as to content, but limited in purpose; it may be employed only when the records may be necessary for the determination of an issue before the court....

...erwise, could gain access to department records by having the court engage in a general search of all of the department's records in a matter, absent a finding that such a broad inquiry is necessary to the determination of an issue before the court. Section 39.202(2)(e) may well grant Elders access to additional records in the hands of the department....

...None of these relate to animal *1228 abuse, and in any case, the confidentiality allowed by these statutes does not create an absolute privilege against disclosure. A court, for example, can compel disclosure of the source’s identity and can order that it become public record. Fla. Stat. § 39.202 (f) (reporter of child abuse)....

...quired to “permit the record[s] to be inspected and examined by any person desiring to do so.” § 119.07(l)(a), Fla. Stat. (2001). See also art. I, § 24, Fla. Const. Certain records are, however, protected from disclosure. See art. I, § 24(c). Section 39.202(1), Florida Statutes (2001), provides that “[i]n 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 [DCF] concerning reports of child abandonment, abuse, or neglect ... shall be confidential and exempt from the provisions of s. 119.07(1).” Section 39.202(2)(o) provides, however, that child abuse records other than information identifying the reporter of abuse will be made available to “[a]ny person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect.” Notwithstanding the exemption from disclosure afforded by section 39.202(1), records in child abuse cases may be made public by court order pursuant to the provisions of section 119.07(7): (a) Any person or organization, including the Department of Children and Family Services, may petition the court for an...

...119.01(1), and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Family Services and the court system in providing ... children of this state with the protections enumerated in [s.] 39.001.... However, this subsection does not con *510 travene [s.] 39.202 ..., which protect[s] the name of any person reporting the abuse, neglect, or exploitation of a ....

...§ 39.0132(3), Fla. Stat. (2010) (emphasis added). Since a step-parent is not listed as one that has an absolute right to inspect court records, the trial court possessed discretion to determine whether to grant R.L.F. access to the records. Additionally, section 39.202 of the Florida Statutes (2010) states: 39.202 Confidentiality of reports in case of child abuse or neglect.— (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...

...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. . . . § 39.202(1), Fla....

...The judge ordered DCF to produce this information at a hearing set for the following day. At that hearing, DCF argued that the trial court lacked jurisdiction to consider children other than I.C. and that requiring DCF to provide the records of those other children would violate sections 39.202(1) & (2)(f), Florida Statutes (Supp....

...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. § 39.202(2)(f), Fla....

...tution." Fla. R. Juv. P. 8.835. *1305 To the extent the reporting requirement causes a circuit court to provide evidence of child abuse or sexual abuse of a petitioner to DCF, any information received by DCF is required to be kept confidential under section 39.202(1)....

...On May 23, 2005, the Court granted certiorari in Planned Parenthood of N. New England v. Heed, 390 F.3d 53 (1st Cir.2004), cert. granted, 544 U.S. 1048, 125 S.Ct. 2294, 161 L.Ed.2d 1088 (2005), in part to address the question regarding the appropriate standard to be applied in the abortion context. [5] Section 39.202(1) provides that "Mit 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...

...rding the children’s claims. In support of these allegations, Elders attached a report by another investigator, which references the Williams’ investigation. Although it appears that Elders has a clear right to obtain any report by Williams, see § 39.202(2)(e), Fla. Stat. (2000), and that the trial court has the authority to conduct an in camera inspection to determine the postconviction issues pending before it, see § 39.202(2)(f), the trial court has rebuffed Elders’ attempts to obtain a copy of the report or to have the trial court inspect it....

...in a car seat during transportation; that the caregivers could not afford to buy food for the child; and that the child had an unexplained bruise on her bottom. The source of this report has remained anonymous, as provided for under Florida law. See § 39.202(5), Fla....

...is request for a copy of the citation issued by Grayson were "unnecessary." By "unnecessarily" asking questions about the contents of the abuse report and by asking about a citation, Investigator Palmer "disclosed" Grayson's identity in violation of section 39.202(5). The court found that an information based on a violation of section 39.202(5) is "invalid and must be dismissed." The problem in this case arises from the competing considerations contained in Part II (Reporting Child Abuse) and Part III (Protective Investigations) of Chapter 39....

...On the other hand, the prompt, vigorous and skillful investigation of reports is mandated. The dilemma is how to conduct an effective investigation of an abuse report without revealing information that might allow the accused abuser to guess who may have made the report. Several sections of Chapter 39 are relevant. Section 39.202(1), Florida Statutes (2004), provides that all calls to the central abuse hotline are confidential, but after a person is determined to have made a false report, that person is no longer entitled to confidentiality. See also §§ 39.205(5), 206(9), Fla. Stat. (2004). Section 39.202(5) provides for limited release of the name of the person reporting the abuse to certain department employees and law enforcement. Section 39.301(5)(a)2, Florida Statutes (2004), requires a child protective investigator to inform any subject of an investigation of the purpose of the investigation. Sections 39.202(8) and 39.205(3) make it a second-degree misdemeanor to knowingly and willfully disclose confidential information from the abuse hotline to an unauthorized person, while section 39.205(6) provides that a person who knowingly and willfully makes a false report of child abuse is guilty of a third-degree felony....

...They identified White as the caller, the police confronted him with this information, and she admitted that she made the call. When White was charged, she filed a motion to suppress, alleging that DCF and the detective had acted illegally and had violated section 39.202(4) by making available an audiotape of her child abuse hotline call to the subjects of the abuse report for the purpose of identifying her as the caller....

...use reporter while performing a thorough investigation of hotline tips. [3] We have taken note of the fact that the Legislature has made disclosure of confidential information a misdemeanor but has made it a felony to falsely report child abuse. See § 39.202(8), Fla....

...e permissible. The deposition was terminated at this point. Mr. Patterson then filed a motion to compel deposition. After hearing, the circuit court granted the motion and ordered that all questions and answers disclosing information protected under section 39.202, Florida Statutes (2002), be grouped in one area....

...Auto. Ins. Co. v. Peters, 611 So.2d 597 (Fla. 2d DCA 1993). A dispute regarding an order compelling discovery of material protected under chapter 39 is appropriately settled in a certiorari proceeding. Hill v. Hill, 371 So.2d 573 (Fla. 1st DCA 1979). Section 39.202(1) requires the Department to maintain the confidentiality of the records of children and families concerning reports of abandonment, abuse, and neglect. Specifically, this section exempts such material from the open records provisions of section 119.07(1). However, such records can be disclosed under certain circumstances, and those circumstances are present here. Section 39.202(2)(f) provides: (2) Access to such records, excluding the name of the reporter which shall be released only as provided in subsection (4), shall be granted only to the following persons, officials, and agencies: [[Image here]] (f) A co...

...Const. child abuse, neglect, and abandonment” as information the clerk must designate and maintain as confidential and cites to sections 39.0132(3) and 39.0132(4)(a), Florida Statutes. The amendment to subdivision (d)(1)(B)(i) adds a reference to section 39.202, Florida Statutes, which prohibits the release of “the name of, or identifying information with respect to, any person reporting child abuse, abandonment, or neglect” to anyone not listed in the statute, without the written consent of the reporting person. See ch. 2019-49, §§ 1, 3, Laws of Fla. (amending § 39.202(2), (5), Fla....

...or as they may be amended or renumbered: (i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), 39.202, Fla....

...for disclosure of documents to the parent of the child. 4 In addition, a court may order disclosure of confidential records where the court finds “that access to such records may be necessary for the determination of an issue before the court.” § 39.202(2)(f)....

...See Sarasota Herald-Tribune v. Dep’t of Children & Family Servs., 873 So. 2d 506, 512 (Fla. 2d DCA 2004) (holding that petitioner, as the party seeking access, shouldered the burden to establish good cause required to access DCF’s confidential records under section 39.202); J.B....

...during provision of services to that family." It does not require the department or a provider such as YFA to deposit all emails and text messages regarding a child or his case into the CCWIS or to furnish them free of charge to the child. Finally, the circuit court's citation to section 39.202 simply has no bearing here....

...d is coping with the family members; and, (m) A record of the child's placements with names of caregivers, addresses, and the dates of care. 6 or legal custodian, and his attorneys. § 39.202(2)(d)....

...ion of section 39.205(6), Florida Statutes (2001). White filed a motion to suppress, alleging that the Department of Children and Family Services (the Department) and a detective with the St. Petersburg Police Department acted illegally and violated section 39.202(4) by making an audiotape of her child abuse hotline call available to the subjects of the *595 abuse report, a father and daughter....

...olice. White was then charged. We agree with the trial'court’s conclusion that law enforcement was prohibited from publishing a copy of the anonymous central abuse hotline call to the 'father and daughter for the purpose of identifying the caller. Section 39.202(1) provides that all calls to the hotline are confidential. Section 39.202(4) provides for limited release of the name of the person reporting the abuse....

...oyees responsible for child protective services, the central abuse hotline, law enforcement, the child protection team (defined in chapter 39), or the appropriate state attorney, but the statute does not allow disclosure to the alleged. perpetrator. § 39.202(4). A person who knowingly and willfully discloses confidential information from the abuse hotline to an unauthorized person is guilty of a second-degree misdemeanor. §§ 39.202(7), 39.205(3)....

...Such information shall be admissible in any civil or criminal proceeding. Thus, when it has been determined that a person made a false report, that person is no longer entitled to confidentiality. Detective Lofton’s playing of the audiotape for the father and daughter violated section 39.202....

...All Defendants have adopted or joined in the motions of Co-Defendants. The motions, as well as the responses and replies contain overlapping arguments with respect to various exhibits and objections. This Order addresses the confidentiality issues and the admissibility of records under Fla. Stat. §§ 39.202 and 39.0132. These sections provide for the confidentiality of reports and information maintained by the state courts or governmental agencies with respect to child abuse and neglect matters. Section 39.202, entitled "Confidentiality of reports and records in cases of child abuse or neglect," provides that: "In order to protect the rights of the child and the child's parents or other persons responsible for the child's welfare, all record...

...ction; and finally, that the provision regarding the inadmissibility of court records should not apply to the present action. II. The Records At Issue The documents in the Appendix that Defendants specifically seek to exclude under Florida Statute §§ 39.202 and 39.0132 are: • 8A: DCF Progress Notes re: AP • 8B: Police Report 8/29/97 • 9A: DCF Progress Notes re: DL • 9B: Incident Report re: DL • 9C: Requiest for Funds re: DL • 9D: Memo from Calhoun foster mom, 10/21/98 re: • 11A: DCF Pro...

...Moreover, the statutes provide that the court has the discretion to permit disclosure based upon an appropriate showing. See, e.g. B.C. v. A.P., 538 So.2d 525 (Fla.3d Dist.Ct.App.1989); Powell e. Foxman, 528 So.2d 91 (Fla. 5th Dist.Ct. App.1988). Pursuant to section 39.202(2)(f), the undersigned finds that access to these records "may be necessary for the determination of an issue before the court." Based upon the in camero inspection of these records, the undersigned also concludes that it is appropriate to use the records in the context of the summary judgment motions....

abuse investigation that is confidential under section 39.202, Florida Statutes (1998 Supplement)? In sum:

...in a car seat during transportation; that the caregivers could not afford to buy food for the child; and that the child had an unexplained bruise on her bottom. The source of this report has remained anonymous, as provided for under Florida law. See § 39.202(5), Fla....

...Tamayo: On behalf of the Department of Children and Families (department), you ask substantially the following question: What portion of the department's incident reports which contain information regarding child abuse, abandonment, or neglect are confidential under section 39.202 (1), Florida Statutes? In sum: Records relating to the licensure of foster homes, or assessing how the department is carrying out its duties, including references to incidents of abuse, abandonment, or neglect, contained in such records, do not fall within the parameters of section 39.202 , Florida Statutes....

...An examination of the operating procedures relating to incident reports indicates such incident reports are in the nature of quality assurance reports that do not substitute for the reporting and protective investigation of child abuse, abandonment, or neglect. Therefore, such incident reports would not be confidential under section 39.202 (1), Florida Statutes....

...3 Part II of Chapter 39 , Florida Statutes, relates to the reporting of child abuse. When the department receives a report of child abuse, abandonment, or neglect, it is responsible for initiating a protective investigation. 4 Under such circumstances, section 39.202 (1), Florida Statutes, provides for the confidentiality of abuse, abandonment, or neglect records by stating: "In order to protect the rights of the child and the child's parents or other persons responsible for the child's welfare, al...

...with sections 39.201 and 39.301 , Florida Statutes. While licensure or quality assurance reports may refer to an incident of abuse, abandonment, or neglect, such reference does not make the record, or the reference, protected information pursuant to section 39.202 , Florida Statutes, although identifying information that reveals the identity of the victim should be redacted....

...14 Accordingly, I am of the opinion that records relating to the licensure of foster homes, or assessing how the department is carrying out its duties, including references to incidents of abuse, abandonment, or neglect contained in such records, do not fall within the parameters of section 39.202 , Florida Statutes....

...An examination of the operating procedures relating to incident reports indicates such incident reports are in the nature of quality assurance reports that do not substitute for the reporting and protective investigation of child abuse, abandonment, or neglect. Therefore, such reports would not be confidential under section 39.202 (1), Florida Statutes....

...lect to instigate a protective investigation. Previously filed licensure reports containing information which did not result in such investigation may not subsequently qualify as a record of child abuse, abandonment, or neglect within the meaning of s. 39.202 , Fla....

...of the State Constitution." Fla. R. Juv. P. 8.835. To the extent the reporting requirement causes a circuit court to provide evidence of "sexual abuse" of a petitioner to DCF, any information received by DCF is required to be kept confidential under section 39.202(1)....

...become the subject—along with their partners—of a criminal investigation;" id. at 18; that "[s]hould a criminal investigation result, it would presumably also involve the minor's parents and/or those of her partner;" id.; and that Florida Statute section 39.202(2) "expressly directs that access to records pertaining to reports received by the child abuse hotline `shall be granted' to inter alia the child's parents, the alleged abuser, the principal of the child's school, courts and grand juries." Id....

...y that is not punishable under the law. As the defendant suggests, a statutory interpretation that would require reporting non-criminal consensual sexual activity to criminal authorities makes little sense. It makes just as little sense to interpret section 39.202(2) to mean that parents will likely gain access to DCF records. To be sure, section 39.202(2)(d) provides that access to DCF records "shall be granted" to a specific list of officials, agencies, and persons, including the parent or legal custodian of any child who is alleged to have been abused. [12] Section 39.202(2) does not, however, require DCF to notify a minor's parent or legal custodian that a report has been filed pursuant to section 390.01114(4)(d)....

...[and] discriminatory application.'" Doc. 44 at 15 (quoting Colautti v. Franklin, 439 U.S. 379, 394, 99 S.Ct. 675, 58 L.Ed.2d 596 (1979)) (emphasis added). It should be noted that the Florida Act does not subject physicians to criminal liability. [9] Section 39.202(1) provides that "[i]n 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...

...commits a felony of the second degree." § 794.05(1). A person "21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree." § 827.04(3). [12] For purposes of section 39.202(d), the term "abuse" is defined to mean acts that result in "injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired." § 39.01(2)....

...entered in favor of Kids in Distress, a provider of social services to abused and neglected children. The judgment determines that Kids in Distress (“KID”) had no duty to disclose the perpetrator’s history of engaging in sexual abuse, because section 39.202, Florida Statutes (2004), 1 prohibits the dissemination of this information to the afterschool program, run by the City of Wilton Manors....

...KID moved for summary judgment on the basis that KID was statutorily prohibited from disclosing information regarding S.T.’s history to BASH, because BASH was not within the class of persons and entities permitted to receive such information pursuant to section 39.202, Florida Statutes....

...she was not the foster parent of S.T. (This fact, of course, is contrary to the evidence presented.) From this order, the parents of M.S. appeal. We review a summary judgment de novo. See Fina v. Hennarichs, 19 So.3d 1081, 1084 (Fla. 4th DCA 2009). Section 39.202 provides for the confidentiality of reports and records maintained by the DCF of cases of child abuse and neglect....

...r charter school where the child is a student. Information con *436 tained in the records which the principal determines are necessary for a school employee to effectively provide a student with educational services may be released to that employee. § 39.202, Fla....

...lature did not include child caretakers in the list of authorized receivers of the abuse information. Nevertheless, KID could have disseminated these reports and the information contained therein to the principal of the elementary school pursuant to section 39.202(2)(p)....

...The parents also claim that the trial court erred in failing to allow the amendment of the complaint to allege in more detail a cause of action against KID for failure to inform the foster parent of S.T.’s issues, which would have led the foster parent to report them to BASH. They rely on section 39.202(2)(s), Florida Statutes, which authorizes the dissemination of the Department’s abuse reports to foster parents....

...Alfonso, 650 So.2d 644, 647 (Fla. 2d DCA 1995). We conclude that the court erred in determining that KID was entitled to judgment as a matter of law. Although KID could not disclose DCF reports of abuse directly to BASH, the child caretak-ing program, section 39.202(2)(p) permitted it to inform the school of S.T.’s history....