F.S. §39.0139: Protecting Children from Sexual Abuse by Those Entrusted with Their Care

The Florida Legislature passed a law called the Keeping Children Safe Act to protect kids from sexual abuse during visits with certain people. The law says that if a parent or caregiver has been accused of sexual abuse, found guilty of it, or classified as a sexual predator, they can’t visit or have contact with the child unless a court allows it. Visitation stops until a court decides it’s okay for the person to see the child again. The point is to keep kids safe from harm. In court cases involving child sexual abuse, a special guardian or lawyer is appointed to help the child and the court uses more flexible rules for evidence. The person wanting to see the child again has to prove very strongly that they won’t harm the child. If they can’t prove it, they won’t be allowed to visit the child. If they can, the court will still set rules to protect the child during visits. It’s not clear if these rules apply to all court cases involving children or just some of them. Some people think it should only apply to certain cases, not all of them. In simple terms, the law in question is meant to protect children from harm by placing rules on court decisions about visitation and contact with a parent who has sexually abused them. The law applies to all cases involving children, not just specific types of court proceedings. This is clear from the language of the law, which doesn’t limit it to any specific type of case. Because the law’s language is clear, there’s no need for further interpretation. The Florida Supreme Court says that if a law is clear and easy to understand, then the courts have to follow it as is. They can’t change the words of the law or guess at what the lawmakers meant. They have to stick to what the law actually says, even if they think it’s not the best way to do things. Senate Bill 570 was a law that was supposed to keep children safe by stopping parents accused of abuse from seeing their kids. But it only applied to certain court cases. The Senate and the House of Representatives changed the law so that it would apply to all court cases involving visitation with a child. This change showed that they wanted the law to be more widely used to protect children. The law §39.0139 applies to all court cases, including divorce cases. This is because it is related to protecting children from harm, which is also the goal of other family law statutes. So, when it comes to decisions about visitation and contact with children, this law should be considered in divorce cases too. Chapters 39 and 61 of Florida’s laws are all about protecting and promoting the well-being of children. Chapter 39 focuses on preventing child abuse and providing a safe and healthy environment for children in state care, while Chapter 61 aims to preserve marriage and family relationships during the legal process of divorce. Both chapters consider the best interests of the child when making decisions about custody and visitation. Other related laws also apply in divorce proceedings to ensure support for dependent children and fair division of property. Circuit courts have the power to protect children, no matter the situation, and they should always apply F.S. §39.0139 when making decisions about visitation or contact with a child. The law is clear and its purpose is to protect children from sexual abuse. Even if someone tries to misuse the law in a divorce or domestic violence situation, the priority is to protect the child. The law applies to all situations involving children, not just those under Ch. 39. Children should always be protected from anyone who abuses them, no matter how they come to the attention of the courts. In Florida, there are laws that govern child custody and welfare. These laws are found in the Florida Statutes. Court cases have also interpreted and applied these laws. The courts must interpret the statutes together and harmonize them. The statutes cover various aspects of child custody and welfare, including domestic violence, adoption, and child support. The courts have the power to make decisions about child custody and welfare to protect the best interests of the child.

Source: https://www.floridabar.org/the-florida-bar-journal/f-s-39-0139-protecting-children-from-sexual-abuse-by-those-entrusted-with-their-care/