Information in case records generated as a result of child abuse and neglect investigations is confidential and maybe released only under specific circumstances outlined in the referenced Florida Statutes. There are times when eligible parties to the case ask for access to these confidential records. This is an overview of the rights and protocols detailed in ‘Senate Bill 126’, Florida Statue-Chapter 39 and Florida Administrative Code.
Access to Records:
Various employees, authorized agents and contract providers for the Department of Children and Families have the right to access the child’s Case. Some of the other people entitled to access this information are the Department of Health, Healthy Start, Department of Juvenile Justice, Criminal justice agencies of appropriate jurisdiction (FDLE, Local Law Enforcement, Department of Corrections and the FBI), State Attorney, School Principal, Parent involved and the child. This list is not exhaustive and 39.202 (2) should be referenced whenever access is requested to determine eligibility.
All Child Protection Team (CPT) reports are confidential as is the name and any identifying information about the person reporting abuse or neglect. Final reports of investigation can be printed without reporter information. Reports made public after petitioning the court pursuant to sections 39.2021 and 415.1071, F.S., must have all names and identifying information redacted prior to release. SCC may release to professional persons such information as is necessary for the diagnosis and treatment of the child or the person perpetrating the abuse, in compliance with HIPAA and Florida Laws.
Child’s Access to Records:
While a case is active, the child has the right to come and view the case file with the case manager present to assist with navigation and help with emotions that may arise when the child views certain documents. The child’s emotional maturity must be considered prior to showing the child certain documents in the case file. The child is only entitled to view their information. They are not allowed to view records pertaining to other participants in the case. Once the case is closed the child’s caregiver, as well as the child after reaching the age of majority, is entitled to obtain a copy of the case file. Children who leave the care of the department through adoption do not lose their entitlement to their records, but their access to their records may be delayed until they reach age of majority. The entitlement of the child to the information contained in the foster care record becomes subordinate to the rights of the parent as guardian during the minority of the child. All case records must be presented free of charge in hard copy and must be a complete and accurate copy of the case record. This includes:
a) Full name and street address of all shelters, foster and group homes, treatment facilities or locations where the child was placed.
b) Case Plans, Pre-Disposition Reports, Judicial Reviews, Court Orders, Guardian ad Litem reports, evaluations and Comprehensive Assessments, medical health history, school records and report cards, mental health reports, hospitalization/residential setting records, any letters, photographs and all other information contained in case record under law.
c) When a request for information pertaining to a case in dependency litigation is received, the district/region legal counsel or CLS attorney must be consulted prior to release.
Anyone to whom copies of an abuse report and related case material are given is subject to the same requirements to maintain confidentiality as is the department employee releasing the information. For this reason, recipients of case material are asked to sign an affidavit that they understand their responsibility to maintain confidentiality and the penalty for violations.
Sources: CBC Policy 100.006 Access to Child Records, S.B. 126–Open Records and Florida Statute Chapter 39
