Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Confidentiality of reports and records in cases of child abuse or neglect; exception.§ 39.202

Part II · Reporting Child Abuse · 2026 Florida Statutes
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

DCF forms citing it: CF-FSP 4008 Affidavit of Understanding for Person Receiving Child Welfare Records · CF/PI 175-32 Child Protection, Your Rights and Responsibilities

Related court rules: Rule 8.245

18 opinions cite § 39.202

  1. Elders v. State 849 So. 2d 331 · 2D02-1956 · 2nd DCA 2003

    This opinion cites § 39.202 9 times: (1), (2)(e), (2)(f)

    · cited by 2 in all courts

    …proceeding and quashed the denial order. In our opinion we noted that "it appears that Elders has a clear right to obtain any report by Williams, see § 39.202(2)(e), Fla. Stat. (2000), and that the trial court has the authority to conduct an in camera inspection to determine the postconviction issues pending before it, …

  2. M.S. v. Kids in Distress, Inc. 58 So. 3d 433 · 4D09-1394 · 4th DCA 2011

    This opinion cites § 39.202 7 times: (2), (2)(p), and the section generally

    …children. The judgment determines that Kids in Distress (“KID”) had no duty to disclose the perpetrator’s history of engaging in sexual abuse, because section 39.202, Florida Statutes (2004), 1 prohibits the dissemination of this information to the afterschool program, run by the City of Wilton Manors. In addition, the…

  3. State v. Grayson 965 So. 2d 334 · 5D06-3131 · 5th DCA 2007

    This opinion cites § 39.202 7 times: (1), (4), (5), (9)Cited as § 39.202(8) (2006 statutes), now § 39.202(9)

    …questions about the contents of the abuse report and by asking about a citation, Investigator Palmer "disclosed" Grayson's identity in violation of section 39.202(5). The court found that an information based on a violation of section 39.202(5) is "invalid and must be dismissed." The problem in this case arises from the…

  4. State v. White 867 So. 2d 594 · 2D03-775 · 2nd DCA 2004

    This opinion cites § 39.202 6 times: (1), (5), (9), and the section generallyCited as § 39.202(4) (2001 statutes), now § 39.202(5); § 39.202(7) (2001 statutes), now § 39.202(9)

    · cited by 1 in all courts

    …the Department of Children and Family Services (the Department) and a detective with the St. Petersburg Police Department acted illegally and violated section 39.202(4) by making an audiotape of her child abuse hotline call available to the subjects of the *595 abuse report, a father and daughter. White asserted that the…

  5. Herald-Tribune v. Department of Children & Family Services 873 So. 2d 506 · 2D03-2794 · 2nd DCA 2004

    This opinion cites § 39.202 4 times: (1), (2)(o), and the section generally

    · cited by 1 in all courts

    …119.07(l)(a), Fla. Stat. (2001). See also art. I, § 24, Fla. Const. Certain records are, however, protected from disclosure. See art. I, § 24(c). Section 39.202(1), Florida Statutes (2001), provides that “[i]n order to protect the rights of the child and the child’s parents or other persons responsible for the child’s…

  6. R.L.F. v. Department of Children & Families 63 So. 3d 902 · 5D11-444 · 5th DCA 2011

    Certiorari / writ denied This opinion cites § 39.202 3 times: (1), and the section generally

    · cited by 1 in all courts

    Stepfather's mandamus petition denied: party-status request was moot, and as a non-parent he had no clear legal right to confidential DCF records.

    …right to inspect court records, the trial court possessed discretion to determine whether to grant R.L.F. access to the records. Additionally, section 39.202 of the Florida Statutes (2010) states: 39.202 Confidentiality of reports in case of child abuse or neglect.— (1) In order to protect the rights…

  7. Department of Children & Family Services v. Patterson 925 So. 2d 337 · 2D05-2022 · 2nd DCA 2005

    This opinion cites § 39.202 3 times: (1), (2)(f), and the section generally

    …deposition. After hearing, the circuit court granted the motion and ordered that all questions and answers disclosing information protected under section 39.202, Florida Statutes (2002), be grouped in one area. At the conclusion of the deposition, the court would then perform an in camera inspection of the segregated…

  8. Behrens v. Regier 422 F.3d 1255 · CA11-04-14820 · 11th Cir. 2005

    Affirmed This opinion cites § 39.202 3 times: (2), (2)(a), and the section generally

    · cited by 64 in all courts

    Dismissal affirmed: a father listed by DCF as a verified child abuser alleged no stigma-plus liberty interest, and there is no fundamental right to adopt.

    …providers of the [DCF], the Department of Health, or county agencies responsible for carrying out . . . [l]icensure or approval of adoptive homes.” Id. § 39.202(2)(a).2 Florida’s adoption laws state that before a child is placed in an “intended adoptive home, a preliminary home study must be performed.” Id. §…

  9. Youth and Family Alternatives v. D.T. 2D2022-4168 · 2nd DCA 2024

    Reversed This opinion cites § 39.202 2 times: (2)(d), and the section generally

    Reversed mandamus forcing a foster care provider to give a dependent child all emails and texts free; only case-record materials are free.

    …regarding a child or his case into the CCWIS or to furnish them free of charge to the child. Finally, the circuit court's citation to section 39.202 simply has no bearing here. That statute provides that department records concerning reports of child abandonment, abuse, or neglect are exempt…

  10. Guardian ad Litem Program v. Alberto 3D22-0801 · 3rd DCA 2022

    Certiorari / writ granted This opinion cites § 39.202 2 times: (2)(f), and the section generally

    Certiorari granted quashing orders compelling confidential Chapter 39 records for a rule 1.540 petition, because the court never inspected them in camera or found necessity.

    …of confidential records where the court finds “that access to such records may be necessary for the determination of an issue before the court.” § 39.202(2)(f). However, importantly, “such access shall be limited to inspection in camera, unless the court determines that public disclosure of the information…

  11. Ross v. Blank 958 So. 2d 437 · 4D06-2712 · 4th DCA 2007

    This opinion cites § 39.202 2 times, the section generally

    · cited by 11 in all courts

    …in camera inspection of the DCF report is whether the trial court abused its discretion. Elders v. State, 849 So.2d 331, 332 (Fla. 2d DCA 2003). Section 39.202, Florida Statutes, governs confidentiality of reports and records in cases of child abuse or neglect. *442 That statute allows a trial court to review a DCF…

  12. Department of Children & Family Services v. I.C. 742 So. 2d 401 · 4D99-206 · 4th DCA 1999

    This opinion cites § 39.202 2 times: (1), (2)(f)

    …court lacked jurisdiction to consider children other than I.C. and that requiring DCF to provide the records of those other children would violate sections 39.202(1) & (2)(f), Florida Statutes (Supp. 1998), which prohibits disclosure of a child's resource records. The agency also expressed concern that the judge's order…

  13. Department of Children & Family Services v. I.C. 742 So. 2d 401 · DCA99-206 · District Court of Appeal 1999

    This opinion cites § 39.202 2 times: (1), (2)(f)

    · cited by 23 in all courts

    …court lacked jurisdiction to consider children other than I.C. and that requiring DCF to provide the records of those other children would violate sections 39.202(1) & (2)(f), Florida Statutes (Supp. 1998), which prohibits disclosure of a child’s resource records. The agency also expressed concern that the judge’s order…

  14. Devereux Fla. Treatment Network v. McIntosh 940 So. 2d 1202 · 5D06-1195 · 5th DCA 2006

    This opinion cites § 39.202 1 time, the section generally

    · cited by 2 in all courts

    …are relevant to any issue in the litigation. First, Devereux was ordered to produce records that included all abuse reports to HRS. However, under section 39.202, Florida Statutes, all unfounded reports of child abuse (until September 30, 1995), are privileged and inadmissible in any private negligence action.…

  15. In re O.C. 934 So. 2d 623 · 2D05-3123 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.202 1 time: (5)

    Dependency of the incarcerated mother's child reversed: one unexplained bruise while with caregivers she chose did not show abuse, neglect, or fault by the mother.

    …and that the child had an unexplained bruise on her bottom. The source of this report has remained anonymous, as provided for under Florida law. See § 39.202(5), Fla. Stat. (2004). The report was investigated immediately. A child protective investigator went to the caregivers' home. That investigator found the home…

  16. L.M.C. v. Department of Children & Family Services 934 So. 2d 623 · 2D05-3123-2 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.202 1 time: (5)

    · cited by 3 in all courts

    Dependency of the incarcerated mother's child reversed: one unexplained bruise while with caregivers she chose did not show abuse, neglect, or fault by the mother.

    …and that the child had an unexplained bruise on her bottom. The source of this report has remained anonymous, as provided for under Florida law. See § 39.202(5), Fla. Stat. (2004). The report was investigated immediately. A child protective investigator went to the caregivers’ home. That investigator found the home…

  17. Natural Parents of J.B. v. Department of Children & Family Services 780 So. 2d 6 · SC96171 · Florida Supreme Court 2001

    Other This opinion cites § 39.202 1 time, the section generally

    · cited by 8 in all courts

    Supreme Court answered certified question yes: the statute mandating closure of all termination hearings to the public is constitutional.

    …shall be allowed to obtain discovery pursuant to the Florida Rules of Juvenile Procedure, provided such discovery does not violate the provisions of s. 39.202. Hearings involving more than one child may be held simultaneously when the children involved are related to each other or were involved in the same case. The…

  18. In re Amendments to the Florida Rules of Judicial Administration 2.420 - 2019 Fast-Track Report SC19-1531 · Florida Supreme Court 2019

    Rule amendment This opinion cites § 39.202 4 times: (2), (5), and the section generally

    …as confidential and cites to sections 39.0132(3) and 39.0132(4)(a), Florida Statutes. The amendment to subdivision (d)(1)(B)(i) adds a reference to section 39.202, Florida Statutes, which prohibits the release of “the name of, or identifying information with respect to, any person reporting child abuse, abandonment,…

1 admin code rule cite § 39.202

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

  1. Rule 65C-15.016 Staff Functions and Qualifications. (1)(b)4.cites (2)

13 CFOPs cite § 39.202

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 15-9 Requests for Public Records p. 4
  2. CFOP 15-12 Procedures for Releasing Selected Information Pertaining to a Report of Abuse Neglect Exploitation or Abandonment of a Child or Adult p. 1 (2)(o)
  3. CFOP 140-2 Adult Protective Services p. 39
  4. CFOP 170-1 Florida Child Welfare Practice Model p. 108p. 148 (8)p. 149 (2)(o), (6)p. 150 (2)(b), (2)(c), (2)(e), (2)(f), (2)(g)p. 151 (2)(h), (2)(i), (2)(j), (2)(k), (2)(l), (2)(m), (2)(n), (3)
  5. CFOP 170-2 Completing Hotline Intake Assessment p. 30 (1)
  6. CFOP 170-3 Procedures Related to Missing Children p. 1
  7. CFOP 170-5 Child Protective Investigations p. 11 (5)p. 64
  8. CFOP 170-6 Child Fatality Response p. 3p. 4
  9. CFOP 170-13 Child Support in Child Welfare Cases p. 3p. 13 (2)(n)p. 15 (2)(n)
  10. CFOP 170-15 Federal and State Funding Eligibility p. 12 (8)
  11. CFOP 170-16 Administrative Functions p. 4 (7)p. 32
  12. CFOP 170-20 Child Care Licensing Program Desk Reference Guide p. 153
  13. CFOP 175-91 Abuse and Neglect Clearance of Informal Child Care Providers p. 1 (2)(a)

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(1) In order to protect the rights of the child and the child’s parents or other persons responsible for the child’s welfare, all records held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by this chapter. Such exemption from s. 119.07(1) applies to information in the possession of those entities granted access as set forth in this section.

(2) Except as provided in subsection (4), access to such records, excluding the name of, or other identifying information with respect to, the reporter which may only be released as provided in subsection (5), may only be granted to the following persons, officials, and agencies:

(a) Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, the Agency for Health Care Administration, the Department of Education, or county agencies responsible for carrying out:

1. Child or adult protective investigations;

2. Ongoing child or adult protective services;

3. Early intervention and prevention services;

4. Healthy Start services;

5. Licensure or approval of adoptive homes, foster homes, child care facilities, facilities licensed under chapters 393 and 394, family child care homes, providers who receive school readiness funding under part VI of chapter 1002, or other homes used to provide for the care and welfare of children;

6. Employment screening for caregivers in residential group homes and facilities licensed under chapters 393, 394, and 409; or

7. Services for victims of domestic violence when provided by certified domestic violence centers working at the department’s request as case consultants or with shared clients.

Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985.

(b) Criminal justice agencies of appropriate jurisdiction.

(c) The state attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred.

(d) The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected; the child; the child’s guardian ad litem; the child’s attorney ad litem, if one is appointed; or any attorney representing a child in civil or criminal proceedings. This access must be made available no later than 60 days after the department receives the initial report of abuse, neglect, or abandonment. However, any information otherwise made confidential or exempt by law may not be released pursuant to this paragraph.

(e) Any person alleged in the report as having caused the abuse, abandonment, or neglect of a child. This access shall be made available no later than 60 days after the department receives the initial report of abuse, abandonment, or neglect and, when the alleged perpetrator is not a parent, shall be limited to information involving the protective investigation only and shall not include any information relating to subsequent dependency proceedings. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.

(f) A court upon its finding that access to such records may be necessary for the determination of an issue before the court; however, such access shall be limited to inspection in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it.

(g) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business.

(h) Any appropriate official of the department, the Agency for Health Care Administration, or the Agency for Persons with Disabilities who is responsible for:

1. Administration or supervision of the department’s program for the prevention, investigation, or treatment of child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult, when carrying out his or her official function;

2. Taking appropriate administrative action concerning an employee of the department or the agency who is alleged to have perpetrated child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult; or

3. Employing and continuing employment of personnel of the department or the agency.

(i) Any person authorized by the department who is engaged in the use of such records or information for bona fide research, statistical, or audit purposes. Such individual or entity shall enter into a privacy and security agreement with the department and shall comply with all laws and rules governing the use of such records and information for research and statistical purposes. Information identifying the subjects of such records or information shall be treated as confidential by the researcher and shall not be released in any form.

(j) The Division of Administrative Hearings for purposes of any administrative challenge.

(k) Any appropriate official of a Florida advocacy council investigating a report of known or suspected child abuse, abandonment, or neglect; the Auditor General or the Office of Program Policy Analysis and Government Accountability for the purpose of conducting audits or examinations pursuant to law; or the guardian ad litem for the child.

(l) Employees or agents of an agency of another state that has comparable jurisdiction to the jurisdiction described in paragraph (a).

(m) The Public Employees Relations Commission for the sole purpose of obtaining evidence for appeals filed pursuant to s. 447.207. Records may be released only after deletion of all information which specifically identifies persons other than the employee.

(n) Employees or agents of the Department of Revenue responsible for child support enforcement activities.

(o) Any person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect. Information identifying the person reporting abuse, abandonment, or neglect shall not be released. Any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.

(p) An employee of the local school district who is designated as a liaison between the school district and the department pursuant to an interagency agreement required under s. 39.0016 and the principal of a public school, private school, or charter school where the child is a student. Information contained in the records which the liaison or the principal determines are necessary for a school employee to effectively provide a student with educational services may be released to that employee.

(q) An employee or agent of the Department of Education who is responsible for the investigation or prosecution of misconduct by a certified educator.

(r) Staff of a children’s advocacy center that is established and operated under s. 39.3035.

(s) A physician licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a mental health professional licensed under chapter 491 engaged in the care or treatment of the child.

(t) Persons with whom the department is seeking to place the child or to whom placement has been granted, including foster parents for whom an approved home study has been conducted, the designee of a licensed child-caring agency as defined in s. 39.01, an approved relative or nonrelative with whom a child is placed pursuant to s. 39.402, preadoptive parents for whom a favorable preliminary adoptive home study has been conducted, adoptive parents, or an adoption entity acting on behalf of preadoptive or adoptive parents.

(3) The department may release to professional persons such information as is necessary for the diagnosis and treatment of the child or the person perpetrating the abuse or neglect.

(4) Notwithstanding any other provision of law, when a child under investigation or supervision of the department or its contracted service providers is determined to be missing, the following shall apply:

(a) The department may release the following information to the public when it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child:

1. The name of the child and the child’s date of birth;

2. A physical description of the child, including at a minimum the height, weight, hair color, eye color, gender, and any identifying physical characteristics of the child; and

3. A photograph of the child.

(b) With the concurrence of the law enforcement agency primarily responsible for investigating the incident, the department may release any additional information it believes likely to assist efforts in locating the child or to promote the safety or well-being of the child.

(c) The law enforcement agency primarily responsible for investigating the incident may release any information received from the department regarding the investigation, if it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child.

The good faith publication or release of this information by the department, a law enforcement agency, or any recipient of the information as specifically authorized by this subsection shall not subject the person, agency or entity releasing the information to any civil or criminal penalty. This subsection does not authorize the release of the name of the reporter, which may be released only as provided in subsection (5).

(5) The department may not release the name of, or other identifying information with respect to, any person reporting child abuse, abandonment, or neglect to any person other than employees of the department responsible for child protective services, the central abuse hotline, law enforcement, the Child Protection Team, or the appropriate state attorney, without the written consent of the person reporting. This does not prohibit the subpoenaing of a person reporting child abuse, abandonment, or neglect when deemed necessary by the court, the state attorney, or the department, provided the fact that such person made the report is not disclosed. Any person who reports a case of child abuse or neglect may, at the time he or she makes the report, request that the department notify him or her that a child protective investigation occurred as a result of the report. Any person specifically listed in s. 39.201(1) who makes a report in his or her official capacity may also request a written summary of the outcome of the investigation. The department shall mail such a notice to the reporter within 10 days after completing the child protective investigation.

(6) All records and reports of the Child Protection Team of the Department of Health are confidential and exempt from the provisions of ss. 119.07(1) and 456.057, and shall not be disclosed, except, upon request, to the state attorney, law enforcement, the department, and necessary professionals, in furtherance of the treatment or additional evaluative needs of the child, by order of the court, or to health plan payors, limited to that information used for insurance reimbursement purposes.

(7) Custodians of records made confidential and exempt under this section must grant access to such records within 7 business days after such records are requested by a legislative committee under s. 11.143, if requested within that timeframe.

(8) The department shall make and keep reports and records of all cases under this chapter and shall preserve the records pertaining to a child and family until the child who is the subject of the record is 30 years of age, and may then destroy the records. Within 90 days after the child leaves the department’s custody, the department shall give a notice to the person having legal custody of the child, or to the young adult who was in the department’s custody, which specifies how the records may be obtained.

(9) A person who knowingly or willfully makes public or discloses to any unauthorized person any confidential information contained in the central abuse hotline is subject to the penalty provisions of s. 39.205. This notice shall be prominently displayed on the first sheet of any documents released pursuant to this section.

History. ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 488, ch. 81-259; s. 11, ch. 84-226; s. 39, ch. 85-54; s. 14, ch. 85-224; s. 36, ch. 87-238; s. 2, ch. 88-80; s. 8, ch. 88-219; s. 26, ch. 88-337; s. 5, ch. 89-170; s. 5, ch. 89-278; s. 36, ch. 89-294; s. 2, ch. 89-535; s. 8, ch. 90-50; s. 7, ch. 90-208; s. 54, ch. 90-306; s. 9, ch. 91-57; s. 20, ch. 91-71; ss. 43, 48, ch. 92-58; s. 32, ch. 93-39; s. 16, ch. 93-214; s. 58, ch. 94-218; ss. 25, 46, ch. 95-228; s. 28, ch. 95-267; s. 15, ch. 96-402; s. 275, ch. 96-406; s. 1044, ch. 97-103; s. 15, ch. 97-276; s. 3, ch. 97-299; s. 15, ch. 98-137; s. 32, ch. 98-166; s. 3, ch. 98-255; s. 45, ch. 98-280; s. 32, ch. 98-403; s. 5, ch. 99-168; s. 11, ch. 99-193; s. 1, ch. 99-369; s. 18, ch. 2000-139; s. 2, ch. 2000-217; s. 6, ch. 2000-263; s. 51, ch. 2000-349; s. 12, ch. 2001-60; s. 27, ch. 2001-266; s. 2, ch. 2003-146; s. 1, ch. 2005-173; s. 1, ch. 2005-213; s. 6, ch. 2006-194; s. 3, ch. 2006-227; s. 2, ch. 2009-34; s. 2, ch. 2009-35; s. 4, ch. 2009-43; s. 2, ch. 2010-210; s. 2, ch. 2016-58; s. 2, ch. 2016-238; s. 4, ch. 2017-151; s. 15, ch. 2019-3; s. 1, ch. 2019-49; s. 1, ch. 2020-4; s. 3, ch. 2021-10; s. 5, ch. 2021-170; s. 1, ch. 2024-38; s. 12, ch. 2024-70; s. 9, ch. 2026-140.