Records concerning children.§ 39.00145
3 opinions cite § 39.00145
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Youth and Family Alternatives v. D.T. 2D2022-4168 · 2nd DCA 2024
Reversed mandamus forcing a foster care provider to give a dependent child all emails and texts free; only case-record materials are free.
…discuss whether or to what extent D.T. possesses a general right to obtain materials at his cost. 3 Under section 39.00145(1), Florida Statutes (2021), cited by the circuit court, a "case record" must be kept for every child who is under the supervision or in the care of the…
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D.C. v. J.M. 133 So. 3d 1080 · 3D13-3158 · 3rd DCA 2014
· cited by 7 in all courts
Certiorari granted, quashing an order giving foster parents unfettered access to all dependency court files, which violated the privacy of the parents and siblings.
…The Department took the same non-position in the trial court. . See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987). . § 39.00145(2)(d), Fla. Stat. (2013). . The Court acknowledges the pro bono legal assistance provided by the attorney ad litem for one of the siblings (respondent G.R.),…
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Department of Children & Families v. T.T. 111 So. 3d 992 · 1D12-4725 · 1st DCA 2013
…the order because the requirements imposed *993 by those paragraphs are contrary to provisions in the Florida Statutes governing the Department. See §§ 39.00145(4), 39.201(5), 39.301, and 39.303(1), (2), Fla. Stat. (2012). REVERSED in part, and AFFIRMED in part. VAN NORTWICK, MARSTILLER, and RAY, JJ., concur.
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(1) The case record of every child under the supervision of or in the custody of the department, the department’s authorized agents, or providers contracting with the department, including community-based care lead agencies and their subcontracted providers, must be maintained in a complete and accurate manner. The case record must contain, at a minimum, the child’s case plan required under part VII of this chapter and the full name and street address of all shelters, foster parents, group homes, treatment facilities, or locations where the child has been placed.
(2) Notwithstanding any other provision of this chapter, all records in a child’s case record must be made available for inspection, upon request, to the child who is the subject of the case record and to the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed.
(a) A complete and accurate copy of any record in a child’s case record must be provided, upon request and at no cost, to the child who is the subject of the case record and to the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed.
(b) The department shall release the information in a manner and setting that are appropriate to the age and maturity of the child and the nature of the information being released, which may include the release of information in a therapeutic setting, if appropriate. This paragraph does not deny the child access to his or her records.
(c) If a child or the child’s caregiver, guardian ad litem, or attorney ad litem, if one is appointed, requests access to the child’s case record, any person or entity that fails to provide any record in the case record under assertion of a claim of exemption from the public records requirements of chapter 119, or fails to provide access within a reasonable time, is subject to sanctions and penalties under s. 119.10.
(d) For the purposes of this subsection, the term “caregiver” is limited to parents, legal custodians, permanent guardians, or foster parents; employees of a residential home, institution, facility, or agency at which the child resides; and other individuals legally responsible for a child’s welfare in a residential setting.
(3) If a court determines that sharing information in the child’s case record is necessary to ensure access to appropriate services for the child or for the safety of the child, the court may approve the release of confidential records or information contained in them.
(4) Notwithstanding any other provision of law, all state and local agencies and programs that provide services to children or that are responsible for a child’s safety, including the Department of Juvenile Justice, the Department of Health, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Education, the Department of Revenue, the school districts, the Statewide Guardian ad Litem Office, and any provider contracting with such agencies, may share with each other confidential records or information that are confidential or exempt from disclosure under chapter 119 if the records or information are reasonably necessary to ensure access to appropriate services for the child, including child support enforcement services, or for the safety of the child. However:
(a) Records or information made confidential by federal law may not be shared.
(b) This subsection does not apply to information concerning clients and records of certified domestic violence centers, which are confidential under s. 39.908 and privileged under s. 90.5036.
History. s. 1, ch. 2009-34; s. 2, ch. 2009-43; s. 40, ch. 2011-213; s. 2, ch. 2024-70.