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TALKING POINTS MEMO -- CHANGE THE LAW
Issue & Policy: The decision to pursue a criminal investigation in child abuse cases rests solely upon the shoulders of local law enforcement (Proceedings, 2004, ss. 39-301(2c)). If it is decided not to criminally investigate, there is no chance the abusers will be prosecuted.
Position: Joint investigations between the Department of Children and Families and the State Attorney's Office should be mandatory. If the State Attorney decides not to prosecute a child abuse case, DCF should concur, and a written justification report should also be mandatory.
Rationale: Because the State Attorney's Office is commissioned to prosecute crime, and because DCF is commissioned to determine what constitutes abuse, the two agencies are best suited to assume conjoint responsibility for all child abuse cases.
INVESTIGATIONS
ý DCF investigates child abuse reports for up to 60 days before they decide whether or not to notify law enforcement (Proceedings, 2004, ss. 39-301 (16)).
ý Law enforcement is not mandated to perform criminal child abuse investigations once notified by DCF (Proceedings, 2004, ss. 39-301 (2c)).
ý If joint investigations occur, the law mandates them "whenever possible" (Proceedings, 2004, ss. 39-301 (17)).
PROSECUTIONS
ý The State Attorney is not required to participate in child abuse investigations.
ý The State Attorney does not have to formally justify a decline to prosecute even though such a law used to exist (see 2000 statute; ss. 39-301 (18)).
ý Parental rights can be terminated without criminal investigations or prosecutions (ss. 39.801-39.817).
FLORIDA'S CHILD WELFARE SYSTEM
ý Florida's child welfare system failed in 6 out of 7 mandated areas of performance evaluated by the federal government (DHHS, 2001).
ý Florida is ranked third in the US for number of kids in foster care (DHHS, 2002).
ý On average 1,700 kids enter Florida's foster care system each month (DHHS, 2002).
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