STORAGE NAME: h1191e.HHS
DATE: 4/15/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1191
TITLE: Supervision of Children
SPONSOR(S): Miller
COMPANION BILL: SB 1286 (Grall)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Human Services
16 Y, 0 N, As CS
Judiciary
18 Y, 0 N
Health & Human Services
22 Y, 0 N
SUMMARY
Effect of the Bill:
CS/HB 1191 permits a child’s caregiver to allow the child to engage in certain unsupervised activities, under certain
circumstances, if the child is of sufficient maturity and physical condition to do so, without the fear of child welfare
oversight or criminal prosecution.
Fiscal or Economic Impact:
The bill may have a negative impact on prison and jail beds due to the increased threshold required to constitute
criminal child neglect. The bill may have a positive fiscal impact on state courts due to the increased threshold
required to constitute civil child neglect.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Child Neglect
Many caregivers balance the particular risks and benefits of leaving their children unsupervised for short periods
of time against the backdrop of state laws on child neglect.
1
CS/HB 1191 decreases a caregiver’s exposure to child welfare oversight and criminal prosecution for allowing a
child to engage in certain independent, unsupervised activities. These activities include, but are not limited to,
traveling to or from school by bicycle or on foot, traveling to nearby locations by bicycle or foot, playing outdoors,
or remaining at home or another location for a reasonable period of time. (Sections 1 and 2).
Under current child welfare law, a caregiver’s failure to furnish his or her child with adequate food, clothing,
shelter, or health care, provided the caregiver has, or has been offered, the financial resources to do, constitutes
child neglect. Child neglect also includes any harm that befalls a child left without supervision appropriate for his
or her age, mental, or physical condition. This includes, but is not limited to, situations where the child is unable to
exercise “good” judgment.” The bill protects the caregiver’s ability to allow his or her child to engage in
independent, unsupervised activities without the fear of child welfare oversight. The bill expressly does not protect
the caregiver’s failure to provide appropriate supervision when that failure is “reckless,” which includes, but is not
limited to, a situation where the child is unable to exercise “reasonable.” (Sections 1).
Under current criminal law, a caregiver’s failure or omission to provide his or her child with child care,
supervision, and services necessary to maintain his or her physical and mental health constitutes child neglect; the
bill restricts criminal prosecution to the caregiver’s “willful” failure or omission to do so. The bill expressly does
1 See Elise Solé, “When can kids stay home alone? Find out the law in your state,” Today, (Oct. 1, 2024)
https://www.today.com/parents/family/when-can-kids-stay-home-alone-rcna172938 (last visited Mar. 31, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
not protect the caregiver’s failure or omission to provide appropriate supervision when that failure is “willful and
wanton”; thus, the bill allows criminal prosecutions when the failure to supervise is willful and wanton and results
in, or could reasonably be expected to result in, serious injury or a substantial risk of death to the child. (Section 2).
The bill reenacts s. 390.01114(2)(b), F.S., and s. 984.03(2), F.S., to incorporate the bill’s changes to the caregiver’s
exposure to child welfare oversight in child neglect cases involving the independent, unsupervised activities of his
or her child. (Sections 3 and 4). The bill also reenacts s. 39.301(2)(b), F.S., to incorporate the bill’s changes to the
caregiver’s exposure to criminal liability in child neglect cases involving the independent, unsupervised activities
of his or her child. (Section 5).
The effective date of the bill is July 1, 2025. (Section 6).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a negative impact on prison beds due to the increased threshold required to constitute criminal
child neglect. The bill may have a positive fiscal impact on state courts due to the increased threshold required to
constitute civil child neglect.
LOCAL GOVERNMENT:
The bill may have a negative impact on jail beds due to the increased threshold required to constitute criminal
child neglect.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Child Neglect
Florida’s Child Welfare System
Administered by the Department of Children and Families (DCF), Florida’s child welfare system seeks to:
Provide for the care, safety, and protection of children in an environment that fosters healthy social,
emotional, intellectual, and physical development;
Ensure secure and safe custody;
Promote the health and well-being of all children under the state’s care; and
Prevent the occurrence of child abuse, child neglect, and child abandonment.
2
Under child welfare law, a presiding judge may find that the following forms of caregiver conduct towards a child
constitutes child neglect under s. 39.01(53), F.S.
The active or passive deprivation of necessary food, clothing, shelter, or medical treatment.
The child’s living environment causes significant impairment, or creates a danger of significant impairment,
to the child’s physical, mental, or emotional health.
The caregiver’s lack of financial resources is a defense to allegations of child neglect in child welfare civil
proceedings, unless the caregiver rejected an offer for relief services.
3
DCF Investigations
2 S. 39.001(1)(a), F.S.
3 S. 39.01(53), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
DCF launches an investigation of a caregiver, and opens a case file for the caregiver’s child, upon the receipt of
information that the caregiver neglected the child.
4
A DCF Child Protection Investigator (CPI) leads the investigation and determines the child’s safety. To this end, a
CPI first creates a dossier of the child that documents familial history, child welfare history, household criminal
records checks,
5 and prior law enforcement contact. The CPI must then conduct face-to-face interviews with the
child and other family members, document contemporaneous observations, and solicit opinions from collateral
contacts in the child’s life.
6
When the CPI encounters the caregiver for the first time, the CPI must make certain disclosures to him or her.
These disclosures are as follows:
7
The name of the investigator and his or her DCF credentials.
The purpose of the investigation.
The right to legal counsel, the right to remain silent, the right to know how anything that the individual
shares with the CPI may be used against them.
The possible outcomes and services relating to DCF’s response.
The right, if the individual is a parent of legal custodian of the child, to be engaged to the fullest extent
possible in determining the nature of the allegation and the nature of any identified problem and the
remedy.
The duty, if the individual is a parent or legal custodian of the child, to report any change in the residence
or location of the child to the CPI, and that this duty to report continues until DCF closes the investigation.
The right, if the individual is a parent or legal custodian of the child, to the audio and video recordings of
the CPI’s interviews with parents, legal custodians, or children.
A CPI focuses his or her child neglect investigation on the harm caused by the caregiver to the child’s health or
welfare.
8 Current law names many injurious acts towards a child that constitute harm, one of which is leaving a
child unsupervised.
9
Unsupervised Children
The lack of adult supervision or an appropriate child care arrangement creates an environment for harm if at least
one of the following three scenarios are also true:
10
1. The child lacks the ability to care for his or own needs;
2. The caregiver knowingly, or should have known that he or she, subjects the child to an obvious danger; or
3. The child lacks the ability to exercise good judgment to avoid serious harm to self or others.
Current law requires DCF and the dependency court to consider certain factors to determine if a person is liable for
harming a child: the child’s age, the child’s mental condition, the child’s physical condition, the child’s prior history
of injuries, the location of the injury on the child’s body, the multiplicity of the child’s injuries, and the type of
trauma the child experienced.
11
DCF Interventions
In-Home Preventative Services
4 See s. 39.201(4), F.S., s. 39.301(3), F.S.
5 DCF CPIs hold the designation of “a criminal justice agency” for the purpose of accessing criminal justice information to be used for
enforcing Florida law concerning the crimes of child abuse, abandonment, and neglect. CPIs may not use or distribute such information for
any purpose other than to support the detection, apprehension, prosecution, pretrial release, posttrial release, or rehabilitation of criminal
offenders or persons accused of the crimes of child abuse, abandonment, or neglect. s. 39.301(9)(a), F.S.
6 s. 39.301(9)(a), F.S. See Ss. 39.01(72), F.S., 39.01(73), F.S.
7 S. 39.301(5), F.S.
8 See s. 39.01(53), F.S.
9
S. 39.01(37)(a), F.S.
10 S. 39.01(37)(a), F.S.
11 S. 39.01(37)(a), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
If the CPI discovers impending danger
12 or present danger
13 to the child, he or she must implement a specific,
sufficient, feasible, and sustainable safety plan.
14 DCF may activate in-home prevention services like parental
coaching, family therapy, and cognitive-behavioral interventions to mitigate danger. If these services are
successful, DCF prevents a home removal, a disrupted family, and a foster care placement.
15
Temporary Shelter
If DCF develops probable cause, backed by sufficient facts, that a child cannot remain safely at home, current law
authorizes DCF take custody of the child and file a petition for a shelter hearing
16 within 24 hours of the home
removal.
17 In the short interim period, DCF may temporarily shelter the child with a relative or nonrelative or in a
licensed home or facility.
18 At the shelter hearing, the court appoints a guardian ad litem for the child.
19
If the presiding judge agrees with the necessity of home removal and that in-home remedial services will not
eliminate the necessity of out-of-home care, the judge will continue the child’s shelter placement.
20 At the next
scheduled hearing (i.e., the disposition hearing), the judge will order a foster care placement for the child and, if
necessary, the accompanying array of social and rehabilitative services for the child and parent.
21
Foster Care Placement
Current law prioritizes out-of-home placements that are the least restrictive, most family-like settings which are
available in close proximity to the child’s home and meets the child’s needs.
22 To prepare for an out-of-home care
placement, DCF must first complete a comprehensive assessment
23 to identify the level of care needed by the child
and match the child with the most appropriate placement. To this end, DCF must organize a multidisciplinary team
(MDT) staffing
24 for the child’s benefit and screen the child for trauma. The MDT integrates the trauma screening
12 “Impending danger” means a situation in which family behaviors, attitudes, motives, emotions, or situations pose a threat that may not be
currently active but that can be anticipated to become active and to have severe effects on a child at any time. s. 39.01(38), F.S.
13 “Present danger” means a significant and clearly observable family condition that is occurring at the current moment and is already
endangering or threatening to endanger the child. Present danger threats are conspicuous and require that an immediate protective action
be taken to ensure the child’s safety. s. 39.01(69), F.S.
14 s. 39.301(9)(a), F.S.
15 S. 39.01(70), F.S.
16 “Shelter hearing” means a hearing in which the court determines whether probable cause exists to keep a child in shelter status pending
further investigation of the case. s. 39.01(82), F.S.
17 Ss. 39.401(1), (3), F.S. To establish probable cause, DCF must find evidence of:
Past abuse, neglect or abandonment to the child;
Present suffering of the child from illness or injury as a result of abuse, neglect, or abandonment;
Imminent suffering of the child from illness or injury as a result of abuse, neglect, or abandonment;
A material violation of the court’s order of protective supervision (Ss. 39.01(74), 39.521(3), F.S.) or out-of-home placement; or
The lack of an immediately known or available legal caregiver or kinship caregiver to provide care and supervision for the child.
18 Ss. 39.01(81), 39.402(8)(a), F.S. DCF must determine the shelter placement according to the same standard as foster care placements –
balance the child’s best interests (see s. 39.01375, F.S.) against the statutory hierarchy of preferred placements (see s. 39.4021, F.S.).
19 S. 39.402(8)(c), F.S.
20 Ss. 39.402(2), (8)(h), F.S.
21 S. 39.521(1)(a), F.S.
22 Ss. 39.4021, 39.523(1), F.S. The statutory hierarchy of preferred placements for a child, in descending order, is with the nonoffending
parent, a relative caregiver, an adoptive parent of the child’s sibling, fictive kin with a close existing relationship to the child, a nonrelative
caregiver who lacks an existing relationship with the child, licensed foster care, and group or congregate care.
23 A “comprehensive assessment" entails the gathering of information for the evaluation of a child’s and caregiver’s physical, psychiatric,
psychological, or mental health; developmental delays or challenges; and educational, vocational, and social condition and family
environment as they relate to the child’s and caregiver’s need for rehabilitative and treatment services, including substance abuse treatment
services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services,
as appropriate.” s. 39.01(18), F.S.
24 A multidisciplinary team staffing builds consensus towards an informed placement decision by bringing together the child (if he or she is
of sufficient age or capacity to participate), the child’s guardian ad litem, the child’s family members (as appropriate) or fictive kin, the
current caregiver, a DCF representative (other than a DCF Children’s Legal Services attorney), a CBC representative, the child’s case
manager, and a Department of Juvenile Justice representative (if the child is dually involved). At DCF’s discretion, the MDT staffing may
invite the participation of a Children’s Medical Services representative, a school official who has direct contact with the child, a therapist or
other behavioral health professional, a mental health professional with expertise in sibling bonding, or other community service providers. s.
39.4022(4), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
results, the assessment results, and the recommended services and interventions into the child’s overall behavioral
health treatment plan.
25
Next, DCF prepares a written case plan from the results of a family functioning assessment, which describes, among
other elements, the outstanding domestic problems that necessitated DCF’s intervention on behalf of the child, the
permanency goal, and the terms of substantial compliance towards reunification.
26 Then, at the disposition hearing,
the presiding judge reviews DCF’s work and authorizes the child’s out-of-home placement only if he or she
approves of the case plan and family functioning assessment.
27
Termination of Parental Rights
DCF must file a petition to terminate parental rights with the child welfare court within 60 days if any of the
following events occur:
28
DCF does not relinquish physical custody of the child back to the caregiver within 12 months after DCF
sheltered the child or after the child welfare court adjudicated the child dependent, whichever event
occurred first.
The child remained in foster care for 12 of the most recent 22 months in the aggregate. This calculation
does not include any trial home visits or time during which the child was a runaway.
The State of Florida convicted the caregiver of a homicidal-related charge concerning another caregiver or
another child of the caregiver.
The State of Florida convicted the caregiver with felony battery that resulted in serious bodily injury to the
child or another child of the caregiver.
The child welfare court concludes that DCF is exempt, under the facts of the case, from making reasonable
efforts to reunify the child and the caregiver.
Current law establishes numerous grounds for termination of parental rights. This includes, but is not limited to, a
situation where the caregiver engaged in egregious conduct, or had the opportunity and capability to prevent
egregious conduct, that threatened the life, safety, or physical, mental, or emotional health of the child. A child
neglect event that only occurred once, but was of such intensity, magnitude, or severity as to endanger the life of
the child, constitutes egregious conduct.
29 Current law applies a “normal standard of conduct” to the egregious
conduct analysis, which means this standard conforms to the prevailing societal expectations.
30
Florida’s Criminal Justice System
Under criminal law, the following forms of caregiver conduct towards a child constitutes child neglect under s.
827.03(1)(e), F.S.
A failure or omission to provide the child with the care, supervision, and services necessary to maintain the
child’s physical and mental health. This includes, but is not limited to, the failure to provide food, nutrition,
clothing, shelter, supervision, medicine, and medical services that a prudent person would consider
essential for the child’s well-being.
A failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another
person.
Current law authorizes a finding of criminal neglect of a child based on a pattern of conduct or on a single incident
or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a
substantial risk of death, to a child.
31
25 S. 39.523(2), F.S.
26 S. 39.6011(2), F.S. “Substantial compliance” means that the circumstances which caused the creation of the case plan have been
significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child’s remaining with or
being returned to the child’s parent. s. 39.01(87), F.S.
27 S. 39.521(1)(a), F.S.
28 S. 39.8055(1), F.S.
29 S. 39.806(1)(f), F.S.
30 See 39.806(1)(f), F.S.
31 S. 827.03(1)(e), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Case Referrals from DCF
Current law requires DCF to refer allegations of criminal conduct to the municipality or county law enforcement
agency of the municipality or county in which the alleged conduct has occurred. This means DCF must inform law
enforcement when it knows or suspects a child is a victim of child neglect to the extent it constitutes a crime,
pursuant to s. 827.03, F.S. If the law enforcement agency accepts the case for a criminal investigation, the law
enforcement agency and DCF must coordinate their respective investigative activities, as feasible.
32
Prosecution
A state attorney prosecutes child neglect cases in the circuit court within his or her judicial circuit.
33
A caregiver commits a third-degree felony
34 if he or she willfully, or by culpable negligence, neglects a child without
causing great bodily harm, permanent disability, or permanent disfigurement to the child.
35
A caregiver commits a second-degree felony
36 if he or she willfully, or by culpable negligence, neglects a child and,
in doing so, causes great bodily harm, permanent disability, or permanent disfigurement to the child.
37
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Human Services Subcommittee 16 Y, 0 N, As CS 4/1/2025 Mitz DesRochers
THE CHANGES ADOPTED BY THE
COMMITTEE:
Amends the “unable to exercise minimally acceptably judgment”
standard of harm for leaving children unsupervised to the “reasonable
judgment” standard.
Amends the “grossly negligent” standard of child neglect for leaving
children unsupervised to be “reckless conduct.” standard.
Judiciary Committee 18 Y, 0 N Kramer Mathews
Health & Human Services
Committee
22 Y, 0 N 4/15/2025 Calamas DesRochers
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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32 S. 39.301(2), F.S.
33 S. 27.02(1), F.S. There are 20 judicial circuits in Florida. s. 26.021, F.S.
34 A third-degree felony conviction, without any enhancements, carries a term of imprisonment not exceeding 5 years and, or, a fine not
exceeding $5,000. s. 775.082(3)(e), F.S., s. 775.083(1)(c), F.S.
35 S. 827.03(2)(d), F.S.
36 A second-degree felony conviction, without any enhancements, carries a term of imprisonment not exceeding 15 years and, or, a fine not
exceeding $10,000. s. 775.082(3)(d), F.S., s. 775.083(1)(b), F.S.
37 S. 827.03(2)(b), F.S.