Florida Statute §39.0139: Limiting the Risk of Serious Harm to Children

Florida’s Keeping Children Safe Act (KCSA) was created to protect children who have been sexually abused by their parents or caregivers. The law makes it harder for these children to have visitation or contact with the abuser because it could put them in danger or influence their testimony. Some people argue that this law should apply to all cases involving children, but I disagree. The law only applies to cases under Chapter 39 of Florida law, which deals with child welfare. It needs to be changed to better protect sexually abused children and applied consistently to related cases in family court. The KCSA assumes that a child is in danger if a parent or caregiver has been found guilty of certain crimes. Some of these crimes always involve a child victim, but others may not. It’s not clear how the law determines if a child has been sexually abused or exploited, or if they are at risk of further harm. Under Florida law, previous sexual abuse of one child by a parent may be considered in determining if the sibling is dependent or if parental rights should be terminated. However, the law requires proof of a connection between the previous abuse and any potential abuse of another child. The new Keep Children Safe Act (KCSA) departs from this requirement and creates a presumption of harm to a child based on a report of sexual abuse, even if the report is old or unsubstantiated. This presumption applies even if the parent has never been found guilty of any crime. This change in the law is concerning and could have serious implications for families. If a court thinks a parent might harm their child, they can’t see the child until they prove it’s safe. If they can’t prove it, they can only see the child with someone watching. This rule might not always make sense and might not always keep the child safe. The Child Sexual Abuse Law (KCSA) is too broad and applies to cases it’s not meant for. It should only apply to cases under Chapter 39, which deals with child abuse and neglect. The law uses specific terms from Chapter 39, so it should only apply to those cases. For example, when it mentions “court” or “party,” it means the specific court and people involved in Chapter 39 cases, not other types of cases. The KCSA needs to be revised to only apply to the cases it’s meant for. The legislature made a clear decision to apply the KCSA (Kidcare Support Act) to cases under Chapter 39 of the Florida Statutes. This was shown when they amended the visitation provisions in Chapter 39 to require compliance with the KCSA. There were no similar amendments to other family law statutes. This indicates that the KCSA only applies to Chapter 39 cases and related cases. Even though there were some changes to the language in the law, the overall intent of the legislature was to apply the KCSA only to Chapter 39 cases. House Bill 7725 requires new rules for visitation during certain court hearings in child welfare cases. The bill focuses on Chapter 39 proceedings and does not apply to other family law cases. It aims to keep children safe during visitation with someone accused of sexual abuse. In cases where parents are fighting over custody of their child, the court has the power to make decisions that are in the best interest of the child. This can include limiting or even stopping visitation with a parent if they are causing harm to the child. The court can also make emergency orders to protect the child from any kind of abuse. However, the current law is not clear on whether these rules apply to visitation cases that are not part of the child protection system. A change to the law is needed to make this clear. The law needs to be changed to make sure that only cases of sexual abuse or exploitation of children by a parent or caregiver are covered. This will help protect children who have been abused and reduce the risk of further harm. The current law is too broad and includes children who have been abused in other ways. Changes are needed to make sure the law works the way it is supposed to. This is a list of Florida laws about protecting children from sexual abuse. It includes details on who is not allowed to have contact with a child if they are suspected of abuse, and what the consequences are. It also mentions a specific case where a father was not allowed to see his child because of abuse allegations. It’s important to protect children from harm and these laws help to do that. One law says that when deciding if a grandparent can visit their grandchild, the court has to look at any reports of abuse and the outcome of the investigation into the report. The author thinks that while it’s important to consider if a parent has been found guilty of certain crimes, it might not always mean that their visitation should be supervised or restricted in the same way. Judge Sue Robbins, who specializes in family law cases, wrote this column on behalf of the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/florida-statute-39-0139-limiting-the-risk-of-serious-harm-to-children/