The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Criminal and Civil Justice
BILL: SB 1286
INTRODUCER: Senator Grall
SUBJECT: Harming or Neglecting Children
DATE: March 23, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Rao Tuszynski CF Favorable
2. Atchley Harkness ACJ Pre-meeting
3. RC
I. Summary:
SB 1286 amends the definition of harm and neglect of a child in ch. 39, F.S., to allow caregivers
to let a sufficiently mature child partake in independent, unsupervised activities without
considering these actions as harm or neglect of a child.
The bill considers independent, unsupervised activities as harm if the child is subjected to
obvious danger of which the caregiver knew or should have known, or the child cannot exercise
the reasonable judgment required to avoid serious harm upon responding to physical or
emotional crises.
The bill considers independent, unsupervised activities as neglect of a child if such activities
constitute reckless conduct that endangers the health or safety of the child.
Additionally, the bill amends the definition of neglect of a child in criminal statute to add a
willful standard in a caregiver’s failure or omission to provide a child with the necessary services
to maintain the child’s physical and mental health.
The bill also excludes independent, unsupervised activities that a child engages in from the
definition of neglect of a child in ch. 827, F.S., unless the activities constitute a willful and
wanton conduct that endangers the health or safety of the child.
The bill is not expected to have a fiscal impact on the government or private sector. See Section
V. Fiscal Impact Statement.
The bill provides an effective date of July 1, 2025.
REVISED: BILL: SB 1286 Page 2
II. Present Situation:
Florida’s Child Welfare System
Chapter 39, F.S., creates Florida’s dependency system charged with protecting children who
have been abused, abandoned, or neglected.
1
Florida’s child welfare system identifies children
and families in need of services through reports to the central abuse hotline and child protective
investigations. The Department of Children and Families (DCF) and community-based care lead
agencies (CBCs) work with those families to address the problems endangering children, if
possible. If the problems cannot be addressed, the child welfare system finds safe out-of-home
placements for these children.
2
Child welfare services are directed toward the prevention of child abuse, abandonment, and
neglect.
3
The DCF practice model is based on increasing the safety of the child within his or her
home, using in-home services, such as parenting coaching and counseling to maintain and
strengthen the child’s natural supports in the home environment.
4
These services are coordinated
by DCF-contracted CBCs. The DCF is responsible for many child welfare services, including
operating the central abuse hotline, performing child protective investigations, and providing
children’s legal services.
5
Ultimately, the DCF is responsible for program oversight and the
overall performance of the child welfare system.
6
When child welfare necessitates that the DCF remove a child from the home to ensure his or her
safety, a series of dependency court proceedings must occur to place that child in an out-of-home
placement, adjudicate the child dependent, and if necessary, terminate parental rights and free the
child for adoption. Steps in the dependency process usually include:
• A report to the Florida Abuse Hotline.
• A child protective investigation to determine the safety of the child.
• The court finding the child dependent.
• Case planning for the parents to address the problems resulting in the child’s dependency.
• Placement in out-of-home care, if necessary.
• Reunification with the child’s parent or another option to establish permanency, such as
adoption after termination of parental rights.
7,
8
1
Chapter 39, F.S.
2
Chapter 39, F.S.
3
Section 39.001, F.S.
4
See generally The Department of Children and Families, Florida’s Child Welfare Practice Model, available at:
https://www.myflfamilies.com/services/child-family/child-and-family-well-being/floridas-child-welfare-practice-model (last
visited 2/25/25).
5
Office of Program Policy Analysis and Government Accountability, Child Welfare System Performance Mixed in First
Year of Statewide Community-Based Care, Report 06-50, June 2006, available at:
https://oppaga.fl.gov/Products/ReportDetail?rn=06-50 (last visited 2/25/25).
6
Id.
7
See generally Ch. 39, F.S.
8
The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in
preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children. See
Section 63.022, F.S. BILL: SB 1286 Page 3
Central Abuse Hotline
The DCF is required to operate and maintain a central abuse hotline (hotline)
9
to receive reports
of known or suspected instances of child abuse,
10
abandonment,
11
or neglect,
12
or instances when
a child does not have a parent, legal custodian, or adult relative available to provide supervision
and care.
13
The hotline must operate 24 hours a day, 7 days a week, and accept reports through a
single statewide toll-free telephone number or through electronic reporting.
14
If the hotline determines a report meets the statutory criteria for child abuse, abandonment, or
neglect, a DCF child protective investigator (CPI) must complete a child protective
investigation.
15
Child Maltreatment Index
The Child Maltreatment Index (Index) is utilized by central abuse hotline counselors and CPIs to
determine if a report of abuse, abandonment, or neglect meets the criteria for verifying child
maltreatment.
16
The Index defines each maltreatment, factors to consider in the assessment of
each maltreatment, and also frequently correlated maltreatments.
17
There are 27 maltreatment types that can be assigned to a report. A report of abuse,
abandonment, or neglect must contain at least one of the following maltreatment types; however,
a report may include multiple maltreatment types. The maltreatment types are as follows:
• Abandonment.
• Asphyxiation.
9
Hereinafter cited as “hotline.” The “Central Abuse Hotline” is the DCF’s central abuse reporting intake assessment center,
which receives and processes reports of known or suspected child abuse, neglect or abandonment 24 hours a day, seven days
a week. Chapter 65C-30.001, F.A.C. and Section 39.101, F.S.
10
Section 39.01(2), F.S. defines “abuse” as any willful act or threatened act that results in any physical, mental, or sexual
abuse, injury, or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly
impaired.
11
Section 39.01(1), F.S. defines “abandoned” or “abandonment” as a situation in which the parent or legal custodian of a
child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to
the child’s care and maintenance or has made no significant contribution to the child’s care and maintenance or has failed to
establish or maintain a substantial and positive relationship with the child, or both. “Establish or maintain a substantial and
positive relationship” means, in part, frequent and regular contact with the child, and the exercise of parental rights and
responsibilities.
12
Section 39.01(53), F.S. states “neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food,
clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment
causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly
impaired, except when such circumstances are caused primarily by financial inability unless services have been offered and
rejected by such person.
13
Section 39.201(1), F.S.
14
Section 39.101(1), F.S.
15
Prior to July 1, 2023, seven counties allowed the local sheriff’s office to perform child protective investigations. The 2023
legislative session transitioned this responsibility fully back to the Department after changes in Florida’s child welfare system
aimed to integrate child protective investigations within existing crisis-oriented systems the DCF maintains. See generally:
Laws of Fla. 2023-77.
16
Florida Department of Children and Families, CFOP 170-4, available at:
https://prod.myflfamilies.com/sites/default/files/2024-05/CFOP%20170-04%20Child%20Maltreatment%20Index.pdf (last
visited 3/12/25).
17
Id. BILL: SB 1286 Page 4
• Bizarre Punishment.
• Bone Fracture.
• Burns.
• Death.
• Environmental Hazards.
• Failure to Protect.
• Failure to Thrive/Malnutrition/Dehydration.
• Household Violence Threatens Child.
• Human Trafficking — CSEC.
• Human Trafficking — Labor.
• Inadequate Supervision.
• Internal Injuries
• Intimate Partner Violence Threatens Child.
• Medical Neglect.
• Mental Injury.
• Physical Injury.
• Sexual Abuse: Sexual Battery.
• Sexual Abuse: Sexual Exploitation.
• Sexual Abuse: Sexual Molestation.
• Substance-Exposed Newborn.
• Substance Misuse.
• Substance Misuse — Alcohol.
• Substance Misuse — Illicit Drugs.
• Substance Misuse — Prescription Drugs.
• Threatened Harm.
18
Hotline counselors utilize the definitions of these maltreatment types to determine if the reported
information meets the criteria for acceptance of an investigation or special conditions report.
19
Upon determination that the report should be accepted for investigation, the central abuse hotline
notifies the DCF staff responsible for protective investigations.
20
Child Protective Investigations
Once a report is accepted by the hotline staff, the CPIs conduct a child protective investigation.
21
These investigations consist of the following:
• A review of all relevant, available information specific to the child, family, and alleged
maltreatment; family child welfare history; local, state, and federal criminal records check;
and requests for law enforcement assistance provided by the abuse hotline.
o Based on a review of available information, including the allegations in the current
report, a determination shall be made as to whether immediate consultation should occur
18
Id.
19
Id.
20
Section 39.301, F.S.
21
Section 39.301, F.S. BILL: SB 1286 Page 5
with law enforcement, the Child Protection Team, a domestic violence shelter or
advocate, or a substance abuse or mental health professional.
22
• Face-to-face interviews with the child; other siblings, if any; and the parents, legal
custodians, or caregivers.
• Assessment of the child’s residence, including a determination of the composition of the
family and household.
• Determine whether there is any indication that any child in the family or household has been
abused, abandoned, or neglect; the nature and extent of present or prior injuries, abuse, or
neglect, and any evidence thereof; and a determination as to the person or persons apparently
responsible for the abuse, abandonment, or neglect.
• Documentation of the present and impending dangers to each child based on the
identification of inadequate protective capacity through utilization of a standardized safety
assessment instrument (the Index).
23
CPIs utilize the definitions of maltreatment types to make a determination regarding each of the
alleged maltreatments and make one of the following findings:
• “Verified” is used when a preponderance of the credible evidence results in a determination
the specific harm or threat of harm was the result of abuse, abandonment, or neglect.
• “Not Substantiated” is used when there is credible evidence which does not meet the
standard of being a preponderance to support that the specific harm was the result of abuse,
abandonment, or neglect.
• “No Indicators” is used when there is no credible evidence to support that the specific harm
was the result of abuse, abandonment, or neglect.
24
The findings of CPIs are used to determine the next course of action. If the CPI identifies present
or impending danger, the CPI must implement a safety plan or take the child into custody. If
impending danger is identified and the child is not removed, the CPI must create and implement
a safety plan before leaving the home or location where there is present danger.
25
If impending
danger is identified, the CPI must create and implement a safety plan as soon as necessary to
protect the safety of the child. The safety plan may be modified by the CPI if necessary.
26
The CPI must either implement a safety plan for the child, which allows the child to remain in
the home with in-home services or take the child into custody. If the child cannot safely remain
in the home with a safety plan, the DCF must file a shelter petition and remove the child from his
or her current home and temporarily place them in out-of-home care.
27
Harm to a Child’s Health or Welfare
The Index utilizes the statutory definition of “harm” in the findings of a report of abuse,
abandonment, or neglect as Verified, Not Substantiated, or No Indicators. Generally, the current
22
Section 39.301(9)(a), F.S.
23
Id.
24
Id.
25
Section 39.301, F.S.
26
Id.
27
Id. BILL: SB 1286 Page 6
definition of harm includes actions such as the following that negatively affect a child’s health or
welfare:
• Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury.
• Commits, or allows to be committed, sexual battery, as defined in ch. 794, F.S., or lewd or
lascivious acts, as defined in ch. 800, F.S., against the child.
• Abandons the child.
• Neglects the child.
• Exposes a child to a controlled substance or alcohol.
• Engages in violent behavior that demonstrates a wanton disregard for the presence of a child
and could reasonably result in serious injury to the child.
• Negligently fails to protect a child in his or her care from inflicted physical, mental, or sexual
injury caused by the acts of another.
• Makes the child unavailable for the purpose of impeding or avoiding a protective
investigation unless the court determines that the parent, legal custodian, or caregiver was
fleeing from a situation involving domestic violence.
28
The definition of harm includes specific instances in which harm to a child has occurred,
including willful acts that produce specific injuries.
29
As used in this definition, the term
“willful” refers to the intent to perform an action, not to the intent to achieve a result or to cause
an injury.
30
Current law considers leaving a child without adult supervision so that the child is unable to care
for the child’s own needs or another’s basic needs, or is unable to exercise good judgment in
responding to any kind of physical or emotional crisis as meeting the criteria of harm. The
current statutory language does not specify any independent or unsupervised actions that a child
may partake in that do not meet the criteria for harm, or includes any language about the
caregiver’s knowledge of obvious danger.
Neglect of the Child
Neglect of the child is included in the definition of harm. Current law defines the term “neglects
the child” to mean that the parent or other person responsible for the child’s welfare fails to
supply the child with adequate food, clothing, shelter, or health care, although financially able to
do so or offered financial or other means to do so.
31
The current statutory language does not
provide exceptions to this term that relate to the independent and unsupervised activities of a
child.
Abuse of Children - Criminal Law
Chapter 827, F.S., criminalizes the abuse of children. Current law defines “neglect of a child” for
use in ch. 827, F.S., as:
• A caregiver’s failure or omission to provide a child with the care, supervision, and services
necessary to maintain the child’s physical and mental health, including, but not limited to,
28
Section 39.01(37), F.S.
29
Id.
30
Id.
31
Id. BILL: SB 1286 Page 7
food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent
person would consider essential for the well-being of the child; or
• A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or
exploitation by another person.
32
Neglect of a child may be based on repeated 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.
33
Current law does not provide exceptions relating to the independent and unsupervised activities
of a child.
Offenses Relating to the Abuse of Children
Florida law provides the following penalties for the abuse of children:
• A person who commits aggravated child abuse commits a felony of the first degree,
punishable as provided in s. 775.082, F.S, s. 775.083, F.S., or s. 775.084, F.S.
• A person who willfully or by culpable negligence neglects a child and in so doing causes
great bodily harm, permanent disability, or permanent disfigurement to the child commits a
felony of the second degree, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s.
775.084, F.S.
• A person who knowingly or willfully abuses a child without causing great bodily harm,
permanent disability, or permanent disfigurement to the child commits a felony of the third
degree, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s. 775.084, F.S.
34
III. Effect of Proposed Changes:
Section 1 of the bill amends the definition of harm in s. 39.01, F.S., to exclude circumstances in
which a caregiver allows a child of sufficient maturity and physical condition from engaging in
independent unsupervised activities from the definition of harm. Such independent unsupervised
activities include, but are not limited to:
• Traveling to or from school or nearby locations by bicycle or on foot;
• Playing outdoors; or
• Remaining at home or any other location for a reasonable period of time, unless allowing
such activities constitutes conduct that is so reckless as to endanger the health or safety of the
child.
The bill specifies instances in which leaving a child without adult supervision or arrangement
appropriate for the child’s age, mental, or physical condition is considered harm. The bill
establishes that a caregiver has harmed a child’s health or welfare when the child is subjected to
obvious danger of which the child’s caregiver knew or should have known, or the child is unable
to exercise reasonable judgment to avoid serious harm to himself or others in responding to any
kind of physical or emotional crisis. The bill requires that a child must be able to exercise
32
Section 827.03(1)(e), F.S.
33
Id.
34
Section 827.03(2), F.S. BILL: SB 1286 Page 8
reasonable judgment to avoid serious harm to himself or others; meaning, a child cannot be left
alone without adult supervision or arrangement appropriate for his or her age if he or she cannot
exercise reasonable judgment to avoid harm to himself or others.
The bill specifies that allowing a child to engage in these independent and unsupervised activities
does not constitute neglect of a child within the definition of harm, unless allowing such
activities constitutes reckless conduct that endangers the health or safety of the child.
Section 2 of the bill amends s. 827.03, F.S., to include a willful standard to the definition of
neglect of a child in criminal statute, ch. 827, F.S. This change provides that a caregiver must
willfully fail or omit to provide a child with the care, supervision, and services necessary to
maintain the child’s physical and mental health to be considered as harm. The bill excludes
independent and unsupervised activities that a caregiver allows a child to engage in from
constituting the neglect of a child, unless allowing such activities constitutes willful and wanton
conduct that endangers the health and safety of the child.
The bill considers independent and unsupervised activities to include, but not be limited to:
• Traveling to or from school or nearby locations by bicycle or on foot;
• Playing outdoors; or
• Remaining at home or any other location for a reasonable period of time.
Section 3 of the bill reenacts s. 390.01114, F.S., relating to the definition of the term “child
abuse,” to incorporate the amendment made to s. 39.01, F.S., by the bill.
Section 4 of the bill reenacts s. 984.03, F.S., relating to the definition of the term “abuse,” to
incorporate the amendment made to s. 39.01, F.S., by the bill.
Section 5 of the bill provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: SB 1286 Page 9
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 39.01 and 827.03.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.