Bill > S0438

This bill updates Florida's child welfare laws by making several key provisions to protect children in potentially dangerous situations. The bill defines "incapacitated" as a person unable to care for their child due to mental, physical, or other limitations that prevent informed decision-making about the child's welfare. It creates a rebuttable presumption of detriment to a child in several expanded circumstances, including when a parent is arrested for offenses involving the murder or attempted murder of the child's other parent or legal custodian. The bill requires that any court-ordered visitation in such cases must be supervised by someone trained in child abuse dynamics or through a specialized supervised visitation program. Additionally, the bill mandates that when a child is placed in a shelter following certain parental arrests, the child must be referred to trauma-informed therapeutic services, either through a private licensed provider or a state-funded child victim advocacy program. The bill also makes numerous technical amendments to cross-references in various sections of Florida statutes related to child welfare, sexual abuse definitions, and child protection. These changes aim to provide additional protections for children who may be at risk of harm from their caregivers and ensure they receive appropriate support and services during challenging family situations.

https://www.flsenate.gov/Session/Bill/2026/438