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  HB 499  2026
1A bill to be entitled
2An act relating to dependent children; providing a
3short title; amending s. 39.01, F.S.; defining the
4term "incapacitated parent or legal custodian";
5amending s. 39.0139, F.S.; revising legislative
6findings and intent; providing additional situations
7in which a rebuttable presumption of detriment is
8created; requiring certain guardians ad litem and
9attorneys ad litem to have special training in
10parricide; requiring certain persons to provide to the
11court and certain agencies and persons access to
12certain records of a child; requiring visitation or
13other contact to be supervised by a person who has
14special training in parricide; requiring the court to
15refer certain children to specified trauma-informed
16therapeutic services; amending s. 39.401, F.S.;
17providing additional reasons a law enforcement officer
18or authorized agent of the Department of Children and
19Families can take a child into custody; amending s.
2039.402, F.S.; requiring a hearing before placing
21certain children in a shelter; amending ss. 39.302,
22394.495, 934.255, 960.065, and 984.03, F.S.;
23conforming cross-references; providing an effective
24date.
25
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26    Be It Enacted by the Legislature of the State of Florida:
27
28Section 1.  This act may be cited as "Ellie's Law."
29Section 2.  Subsections (39) through (91) of section 39.01,
30    Florida Statutes, are renumbered as subsections (40) through
31    (92), respectively, subsection (10) and present subsection (39)
32    are amended, and a new subsection (39) is added to that section,
33    to read:
3439.01        Definitions.—When used in this chapter, unless the
35    context otherwise requires:
36(10)        "Caregiver" means the parent, legal custodian,
37    permanent guardian, adult household member, or other person
38    responsible for a child's welfare as defined in subsection (58)
39    (57).
40(39)        "Incapacitated parent or legal custodian" means a
41    person who has been found by a licensed physician or other
42    qualified professional to be unable to care for his or her child
43    because of a physical or mental incapacity or some other
44    incapacity that prevents the parent or legal custodian from
45    making informed decisions regarding the child's welfare,
46    including, but not limited to, providing for the child's health
47    and safety.
48(40)(39)  "Institutional child abuse or neglect" means
49    situations of known or suspected child abuse or neglect in which
50    the person allegedly perpetrating the child abuse or neglect is
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51    an employee of a public or private school, public or private day
52    care center, residential home, institution, facility, or agency
53    or any other person at such institution responsible for the
54    child's welfare as defined in subsection (58) (57).
55Section 3.        Paragraphs (a) and (b) of subsection (6) of
56    section 39.0139, Florida Statutes, are redesignated as
57    paragraphs (b) and (c), respectively, paragraph (a) of
58    subsection (2), paragraph (a) of subsection (3), and subsections
59    (4) and (5) are amended, and a new paragraph (a) is added to
60    subsection (6) of that section, to read:
6139.0139      Visitation or other contact; restrictions.—
62(2)      LEGISLATIVE FINDINGS AND INTENT.—
63(a)      The Legislature finds that:
641.      For some children who are abused, abandoned, or
65    neglected by a parent or other caregiver, abuse may include
66    sexual abuse, parricide, or attempted parricide.
672.      These same children are at risk of suffering from
68    further harm during visitation or other contact.
693.      Visitation or other contact with the child may be used
70    to influence the child's testimony.
71(3)      PRESUMPTION OF DETRIMENT.—
72(a)      A rebuttable presumption of detriment to a child is
73    created when:
741.      A court of competent jurisdiction has found probable
75    cause exists that a parent or caregiver has sexually abused a
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76     child as defined in s. 39.01;
772.      A parent or caregiver has been found guilty of,
78     regardless of adjudication, or has entered a plea of guilty or
79     nolo contendere to, charges under the following statutes or
80     substantially similar statutes of other jurisdictions:
81a.      Section 787.04, relating to removing minors from the
82     state or concealing minors contrary to court order;
83b.      Section 794.011, relating to sexual battery;
84c.      Section 798.02, relating to lewd and lascivious
85     behavior;
86d.      Chapter 800, relating to lewdness and indecent
87     exposure;
88e.      Section 826.04, relating to incest; or
89f.      Chapter 827, relating to the abuse of children;
903.a.        A parent or legal custodian of a child has been
91     arrested for any offense under s. 782.04 and the victim of the
92     offense is the other parent or legal custodian of the child;
93b.      The parent or legal custodian of a child has been
94     arrested for any offense under s. 770.04, s. 777.04, s. 782.04,
95     s. 782.051, or s. 782.07 and the victim of the offense is the
96     parent or legal custodian of the child and such person is now
97     considered an incapacitated parent or legal custodian; or
984.3.        A court of competent jurisdiction has determined a
99     parent or caregiver to be a sexual predator as defined in s.
100    775.21 or a parent or caregiver has received a substantially
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101    similar designation under laws of another jurisdiction.
102(4)     HEARINGS.—A person who meets any of the criteria set
103    forth in paragraph (3)(a) who seeks to begin or resume contact
104    with the child victim has shall have the right to an evidentiary
105    hearing to determine whether contact is appropriate.
106(a)     Before the hearing, the court shall appoint a guardian
107    ad litem for the child if one has not already been appointed.
108    The guardian ad litem and attorney ad litem, if one is
109    appointed, must have special training in the dynamics of child
110    sexual abuse and parricide.
111(b)     At the hearing, the court may receive and rely upon
112    any relevant and material evidence submitted to the extent of
113    its probative value, including written and oral reports or
114    recommendations from the Child Protection Team, the child's
115    therapist, the child's guardian ad litem, or the child's
116    attorney ad litem, if one is appointed, even if these reports,
117    recommendations, and evidence may not be admissible under the
118    rules of evidence.
119(c)     At the hearing, if the person meeting the criteria of
120    paragraph (3)(a) is the child's parent or legal custodian, the
121    court shall request that the parent or legal custodian provide
122    the court, the department or its contracted agencies, the
123    guardian ad litem, and attorney ad litem, if one is appointed,
124    access to the child's medical records, child care records, early
125    education program records, and other educational records. If the
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126    parent or legal custodian is unavailable or unable to consent or
127    withholds consent to such records and the court determines that
128    access to the records is necessary to provide services to the
129    child, the court must issue an order granting access to the
130    necessary records.
131(d)(c)      If the court finds the person proves by clear and
132    convincing evidence that the safety, well-being, and physical,
133    mental, and emotional health of the child is not endangered by
134    such visitation or other contact, the presumption in subsection
135    (3) is rebutted and the court may allow visitation or other
136    contact. The court shall enter a written order setting forth
137    findings of fact and specifying any conditions it finds
138    necessary to protect the child.
139(e)(d)      If the court finds the person did not rebut the
140    presumption established in subsection (3), the court shall enter
141    a written order setting forth findings of fact and prohibiting
142    or restricting visitation or other contact with the child.
143(5)     CONDITIONS.—Any visitation or other contact ordered
144    under paragraph (4)(e) must (4)(d) shall be:
145(a)     Supervised by a person who has previously received
146    special training in the dynamics of child sexual abuse and
147    parricide; or
148(b)     Conducted in a supervised visitation program, provided
149    that the program has an agreement with the court and a current
150    affidavit of compliance on file with the chief judge of the
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151    circuit in which the program is located affirming that the
152    program has agreed to comply with the minimum standards
153    contained in the administrative order issued by the Chief
154    Justice of the Supreme Court on November 17, 1999, and provided
155    the program has a written agreement with the court and with the
156    department as described in s. 753.05 containing policies and
157    guidelines specifically related to referrals involving child
158    sexual abuse and parricide.
159(6)      ADDITIONAL CONSIDERATIONS.—
160(a)      Once a rebuttable presumption of detriment has arisen
161    under subsection (3), the court shall refer the child to one of
162    the following trauma-informed therapeutic services:
1631.      A licensed private provider selected by the child's
164    legal custodian or guardian ad litem; or
1652.      A state-funded program administered by the department
166    or a community-based care lead agency through a child victim
167    advocacy program.
168Section 4.        Paragraph (b) of subsection (1) of section
169    39.401, Florida Statutes, is amended to read:
17039.401      Taking a child alleged to be dependent into
171    custody; law enforcement officers and authorized agents of the
172    department.—
173(1)      A child may only be taken into custody:
174(b)      By a law enforcement officer, or an authorized agent
175    of the department, if the officer or authorized agent has
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176    probable cause to support a finding:
1771.      That the child has been abused, neglected, or
178    abandoned, or is suffering from or is in imminent danger of
179    illness or injury as a result of abuse, neglect, or abandonment;
1802.      That the parent or legal custodian of the child has
181    materially violated a condition of placement imposed by the
182    court;
1833.      That the parent or legal custodian of the child has
184    been arrested for any offense under s. 782.04 and the victim of
185    the offense is the other parent or legal custodian of the child;
1864.      The parent or legal custodian of the child has been
187    arrested for any offense under s. 770.04, s. 777.04, s. 782.04,
188    s. 782.051, or s. 782.07 and the victim of the offense is the
189    parent or legal custodian of the child and such person is now
190    considered an incapacitated parent or legal custodian; or
1915.3.        That the child has no parent, legal custodian, or
192    responsible adult relative immediately known and available to
193    provide supervision and care.
194Section 5.        Subsections (2) through (18) of section 39.402,
195    Florida Statutes, are renumbered as subsections (3) through
196    (19), respectively, present subsection (2), subsection (4), and
197    paragraph (h) of subsection (8) are amended, and a new
198    subsection (2) is added to that section, to read:
19939.402        Placement in a shelter.—
200(2)      Notwithstanding a finding of probable cause, a child
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201    may not be placed in a shelter without a hearing if:
202(a)     The parent or legal custodian of the child has been
203    arrested for any offense under s. 782.04 and the victim of the
204    crime is the other parent or legal custodian of the child; or
205(b)     The parent or legal custodian of the child has been
206    arrested for any offense under s. 770.04, s. 777.04, s. 782.04,
207    s. 782.051, or s. 782.07 and the victim of the crime is the
208    parent or legal custodian of the child and such person is now
209    considered an incapacitated parent or legal custodian.
210(3)(2)      A child taken into custody may be placed or
211    continued in a shelter only if one or more of the criteria in
212    subsection (1) or subsection (2) applies and the court has made
213    a specific finding of fact regarding the necessity for removal
214    of the child from the home and has made a determination that the
215    provision of appropriate and available services will not
216    eliminate the need for placement.
217(5)(4)      If the department determines that placement in a
218    shelter is necessary under subsection (1), subsection (2), or
219    subsection (3) subsections (1) and (2), the authorized agent of
220    the department shall authorize placement of the child in a
221    shelter.
222(8)
223(h)     The order for placement of a child in shelter care
224    must identify the parties present at the hearing and must
225    contain written findings:
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2261.      That placement in shelter care is necessary based on
227    the criteria in subsection (1), subsection (2), or subsection
228    (3) subsections (1) and (2).
2292.      That placement in shelter care is in the best interest
230    of the child.
2313.      That continuation of the child in the home is contrary
232    to the welfare of the child because the home situation presents
233    a substantial and immediate danger to the child's physical,
234    mental, or emotional health or safety which cannot be mitigated
235    by the provision of preventive services.
2364.      That based upon the allegations of the petition for
237    placement in shelter care, there is probable cause to believe
238    that the child is dependent or that the court needs additional
239    time, which may not exceed 72 hours, in which to obtain and
240    review documents pertaining to the family in order to
241    appropriately determine the risk to the child.
2425.      That the department has made reasonable efforts to
243    prevent or eliminate the need for removal of the child from the
244    home. A finding of reasonable effort by the department to
245    prevent or eliminate the need for removal may be made and the
246    department is deemed to have made reasonable efforts to prevent
247    or eliminate the need for removal if:
248a.      The first contact of the department with the family
249    occurs during an emergency;
250b.      The appraisal of the home situation by the department
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251    indicates that the home situation presents a substantial and
252    immediate danger to the child's physical, mental, or emotional
253    health or safety which cannot be mitigated by the provision of
254    preventive services;
255c.      The child cannot safely remain at home, either because
256    there are no preventive services that can ensure the health and
257    safety of the child or because, even with appropriate and
258    available services being provided, the health and safety of the
259    child cannot be ensured; or
260d.      The parent or legal custodian is alleged to have
261    committed any of the acts listed as grounds for expedited
262    termination of parental rights in s. 39.806(1)(f)-(i).
2636.      That the department has made reasonable efforts to
264    place the child in order of priority as provided in s. 39.4021
265    unless such priority placement is not a placement option or in
266    the best interest of the child based on the criteria and factors
267    set out in s. 39.01375.
2687.      That the department has made reasonable efforts to keep
269    siblings together if they are removed and placed in out-of-home
270    care unless such placement is not in the best interest of each
271    child. It is preferred that siblings be kept together in a
272    foster home, if available. Other reasonable efforts shall
273    include short-term placement in a group home with the ability to
274    accommodate sibling groups if such a placement is available. The
275    department shall report to the court its efforts to place
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276    siblings together unless the court finds that such placement is
277    not in the best interest of a child or his or her sibling.
2788.      That the court notified the parents, relatives that are
279    providing out-of-home care for the child, or legal custodians of
280    the time, date, and location of the next dependency hearing and
281    of the importance of the active participation of the parents,
282    relatives that are providing out-of-home care for the child, or
283    legal custodians in all proceedings and hearings.
2849.      That the court notified the parents or legal custodians
285    of their right to counsel to represent them at the shelter
286    hearing and at each subsequent hearing or proceeding, and the
287    right of the parents to appointed counsel, pursuant to the
288    procedures set forth in s. 39.013.
28910.      That the court notified relatives who are providing
290    out-of-home care for a child as a result of the shelter petition
291    being granted that they have the right to attend all subsequent
292    hearings, to submit reports to the court, and to speak to the
293    court regarding the child, if they so desire.
29411.      That the department has placement and care
295    responsibility for any child who is not placed in the care of a
296    parent at the conclusion of the shelter hearing.
297Section 6.        Subsection (1) of section 39.302, Florida
298    Statutes, is amended to read:
29939.302      Protective investigations of institutional child
300    abuse, abandonment, or neglect.—
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301(1)     The department shall conduct a child protective
302    investigation of each report of institutional child abuse,
303    abandonment, or neglect. Upon receipt of a report that alleges
304    that an employee or agent of the department, or any other entity
305    or person covered by s. 39.01(40) or (58) s. 39.01(39) or (57),
306    acting in an official capacity, has committed an act of child
307    abuse, abandonment, or neglect, the department shall initiate a
308    child protective investigation within the timeframe established
309    under s. 39.101(2) and notify the appropriate state attorney,
310    law enforcement agency, and licensing agency, which shall
311    immediately conduct a joint investigation, unless independent
312    investigations are more feasible. When conducting investigations
313    or having face-to-face interviews with the child, investigation
314    visits shall be unannounced unless it is determined by the
315    department or its agent that unannounced visits threaten the
316    safety of the child. If a facility is exempt from licensing, the
317    department shall inform the owner or operator of the facility of
318    the report. Each agency conducting a joint investigation is
319    entitled to full access to the information gathered by the
320    department in the course of the investigation. A protective
321    investigation must include an interview with the child's parent
322    or legal guardian. The department shall make a full written
323    report to the state attorney within 3 business days after making
324    the oral report. A criminal investigation shall be coordinated,
325    whenever possible, with the child protective investigation of
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326    the department. Any interested person who has information
327    regarding the offenses described in this subsection may forward
328    a statement to the state attorney as to whether prosecution is
329    warranted and appropriate. Within 15 days after the completion
330    of the investigation, the state attorney shall report the
331    findings to the department and shall include in the report a
332    determination of whether or not prosecution is justified and
333    appropriate in view of the circumstances of the specific case.
334Section 7.        Paragraph (p) of subsection (4) of section
335    394.495, Florida Statutes, is amended to read:
336394.495      Child and adolescent mental health system of care;
337    programs and services.—
338(4)     The array of services may include, but is not limited
339    to:
340(p)     Trauma-informed services for children who have
341    suffered sexual exploitation as defined in s. 39.01(81)(g) s.
342    39.01(80)(g).
343Section 8.        Paragraph (c) of subsection (1) of section
344    934.255, Florida Statutes, is amended to read:
345934.255      Subpoenas in investigations of sexual offenses.—
346(1)     As used in this section, the term:
347(c)     "Sexual abuse of a child" means a criminal offense
348    based on any conduct described in s. 39.01(81) s. 39.01(80).
349Section 9.        Subsection (5) of section 960.065, Florida
350    Statutes, is amended to read:
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351960.065       Eligibility for awards.—
352(5)     A person is not ineligible for an award pursuant to
353    paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
354    person is a victim of sexual exploitation of a child as defined
355    in s. 39.01(81)(g) s. 39.01(80)(g).
356Section 10.  Subsection (24) of section 984.03, Florida
357    Statutes, is amended to read:
358984.03       Definitions.—When used in this chapter, the term:
359(24)        "Neglect" has the same meaning as in s. 39.01 s.
360    39.01(53).
361Section 11.  This act shall take effect July 1, 2026.
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