Florida law sets medical review steps in child protection investigations

The Department of Children and Families may delay sending certain criminal allegations to law enforcement. This applies to allegations of criminal conduct during a child protective investigation when a parent or legal custodian reports that the child has rickets, Ehlers-Danlos syndrome, osteogenesis imperfecta, or vitamin D deficiency, or requests the specified examination. The delay is allowed if a parent or legal custodian reports a listed diagnosis or requests an examination under section 39.304(1)(c). If criminal conduct is still alleged when the investigation ends, the department must immediately send the allegation to law enforcement. If criminal conduct is still alleged, the department must send a delayed allegation immediately when the investigation ends.

A Child Protection Team must consult an experienced clinician when it evaluates a child with a reported listed diagnosis; the department must request relevant medical records. The listed diagnoses are rickets, Ehlers-Danlos syndrome, osteogenesis imperfecta, and vitamin D deficiency. The consulting clinician must be a licensed physician or advanced practice registered nurse with experience treating children with the listed conditions. The department requests records from the health care professional who diagnosed or treated the child for the reported condition. The consultation applies when the team evaluates the child. The department must request relevant records as part of its investigation.

A parent or legal custodian may request a specified additional examination; the examiner must send a report, and the department must convene a case staffing if the findings differ. This applies to a child who is the subject of a protective investigation or shelter order and receives an examination under paragraph (b). The request is due within 10 days after the examination under paragraph (b), except an examination to determine whether the child was sexually abused. If the first examination was not by a Child Protection Team, the parent may request one. If it was by a team, the parent may request a second opinion or a differential diagnosis from a qualified clinician of their choosing. The parent or legal custodian pays for second-opinion and differential-diagnosis examinations, including through insurance if applicable. The request is due within 10 days after the first examination. The examiner's report is due within 10 days after the additional examination. The department must convene the staffing immediately if the findings differ.

A parent or legal custodian must report a listed preexisting diagnosis and provide the diagnosing or treating professional's contact information. This applies to the parent or legal custodian of a child being investigated and to the four diagnoses listed in section 39.303(4). The parent or legal custodian must give the information after the investigator informs them of this duty. The parent or legal custodian must provide the diagnosis and professional's contact information within 10 days after being informed of the duty.