Florida Statutes 39.208 – Cross-reporting child abuse, abandonment, or neglect and animal cruelty
Current as of: 2023 | Check for updates
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(1) LEGISLATIVE FINDINGS AND INTENT.–
For details, see Fla. Stat. § 775.082(4)(b)
(a) The Legislature recognizes that animal cruelty of any kind is a type of interpersonal violence that often co-occurs with child abuse and other forms of family violence, including elder abuse and domestic violence. Early identification of animal cruelty is an important tool in safeguarding children from abuse, abandonment, and neglect; providing needed support to families; and protecting animals.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
Terms Used In Florida Statutes 39.208
- abandonment: means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, has made no significant contribution to the child's care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. See Florida Statutes 39.01
- Abuse: means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. See Florida Statutes 39.01
- Adult: means any natural person other than a child. See Florida Statutes 39.01
- Caregiver: means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a child's welfare as defined in subsection (54). See Florida Statutes 39.01
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Family: means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative, in which:(a) The persons reside in the same house or living unit; or(b) The parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 39.01
- Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 39.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Protective investigator: means an authorized agent of the department who receives and investigates reports of child abuse, abandonment, or neglect; who, as a result of the investigation, may recommend that a dependency petition be filed for the child; and who performs other duties necessary to carry out the required actions of the protective investigation function. See Florida Statutes 39.01
- Relative: means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. See Florida Statutes 39.01
(b) The Legislature finds that education and training for child protective investigators and animal control officers should include information on the link between the welfare of animals in the family and child safety and protection.(c) Therefore, it is the intent of the Legislature to require reporting and cross-reporting protocols and collaborative training between child protective investigators and animal control officers to help protect the safety and well-being of children, their families, and their animals.
(2) RESPONSIBILITIES OF CHILD PROTECTIVE INVESTIGATORS.–
(a) Any person who is required to investigate child abuse, abandonment, or neglect under this chapter and who, while acting in his or her professional capacity or within the scope of employment, knows or has reasonable cause to suspect that animal cruelty, as those terms are defined in s. 828.27(1)(a) and (d), respectively, has occurred at the same address shall report such knowledge or suspicion within 72 hours after the child protective investigator becomes aware of the known or suspected animal cruelty to his or her supervisor, who shall submit the report to a local animal control agency. The report must include all of the following information:
1. A description of the animal and of the known or suspected animal cruelty.
2. The name and address of the animal’s owner or keeper, if that information is available to the child protective investigator.
3. Any other information available to the child protective investigator which might assist an animal control officer, as defined in s. 828.27(1)(b), or law enforcement officer in establishing the cause of the animal cruelty and the manner in which it occurred.
(b) A child protective investigator who makes a report under this section is presumed to have acted in good faith. An investigator acting in good faith who makes a report under this section or who cooperates in an investigation of known or suspected animal cruelty is immune from any civil or criminal liability or administrative penalty or sanction that might otherwise be incurred in connection with making the report or otherwise cooperating.
(3) RESPONSIBILITIES OF ANIMAL CONTROL OFFICERS.–Any person who is required to investigate animal cruelty under chapter 828 and who, while acting in his or her professional capacity or within the scope of employment, knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare or that a child is in need of supervision and care and does not have a parent, a legal custodian, or a responsible adult relative immediately known and available to provide supervision and care to that child shall immediately report such knowledge or suspicion to the department‘s central abuse hotline.
(4) PENALTIES.–
(a) A child protective investigator who is required to report known or suspected animal cruelty under subsection (2) and who knowingly and willfully fails to do so commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) An animal control officer, as defined in s. 828.27(1)(b), who is required to report known or suspected abuse, abandonment, or neglect of a child under subsection (3) and who knowingly and willfully fails to report an incident of known or suspected abuse, abandonment, or neglect, as required by s. 39.201 is subject to the penalties under s. 39.205.
(5) TRAINING.–The department, in consultation with animal welfare associations, shall develop or adapt and use already available training materials in a 1-hour training course for all child protective investigators and animal control officers on the accurate and timely identification and reporting of child abuse, abandonment, or neglect or animal cruelty and the interconnectedness of such abuse, abandonment, or neglect. The department shall incorporate into the required training for child protective investigators information on the identification of harm to and neglect of animals and the relationship of such activities to child welfare case practice. The 1-hour training course developed for animal control officers must include a component that advises such officers of the mandatory duty to report any known or suspected child abuse, abandonment, or neglect under this section and s. 39.201 and the criminal penalties associated with a violation of failing to report known or suspected child abuse, abandonment, or neglect which is punishable as provided under s. 39.205.
(6) RULEMAKING.–The department shall adopt rules to implement this section.