Florida SB 438: United States Space Force

Bill Text

438 
Child Welfare 
2025-11-07T11:02:54Z 
Providing a rebuttable presumption of detriment to a child under certain circumstances; requiring that certain visitation or contact be supervised by a person who has received certain training; requiring that a shelter hearing take place within a specified period under certain circumstances; requiring that certain children placed in a shelter be referred to a provider of trauma-informed therapeutic services, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 438 

 By Senator Leek 

 7-00204-26 2026438__ 
 1 A bill to be entitled 
 2 An act relating to child welfare; amending s. 39.01, 
 3 F.S.; defining the term “incapacitated”; amending s. 
 4 39.0139, F.S.; revising legislative findings and 
 5 intent; providing a rebuttable presumption of 
 6 detriment to a child under certain circumstances; 
 7 requiring that certain visitation or contact be 
 8 supervised by a person who has received certain 
 9 training; amending s. 39.402, F.S.; requiring that a 
 10 shelter hearing take place within a specified period 
 11 under certain circumstances; requiring that certain 
 12 children placed in a shelter be referred to a provider 
 13 of trauma-informed therapeutic services; amending ss. 
 14 39.302, 394.495, 934.255, 960.065, and 984.03, F.S.; 
 15 conforming cross-references; providing an effective 
 16 date. 
 17 
 18 Be It Enacted by the Legislature of the State of Florida: 
 19 
 20 Section 1. Present subsections (39) through (91) of section 
 21 39.01, Florida Statutes, are redesignated as subsections (40) 
 22 through (92), respectively, a new subsection (39) is added to 
 23 that section, and subsection (10) and present subsection (39) of 
 24 that section are amended, to read: 
 25 39.01 Definitions.—When used in this chapter, unless the 
 26 context otherwise requires: 
 27 (10) “Caregiver” means the parent, legal custodian, 
 28 permanent guardian, adult household member, or other person 
 29 responsible for a child’s welfare as defined in subsection (58) 
 30 (57). 
 31 (39) “Incapacitated” means a person determined by a 
 32 licensed physician or other qualified professional to be unable 
 33 to care for his or her child because of mental, physical, or 
 34 other incapacity that prevents him or her from making informed 
 35 decisions regarding the child’s welfare, including, but not 
 36 limited to, the child’s health and safety. 
 37 (40)(39) “Institutional child abuse or neglect” means 
 38 situations of known or suspected child abuse or neglect in which 
 39 the person allegedly perpetrating the child abuse or neglect is 
 40 an employee of a public or private school, public or private day 
 41 care center, residential home, institution, facility, or agency 
 42 or any other person at such institution responsible for the 
 43 child’s welfare as defined in subsection (58) (57). 
 44 Section 2. Subsection (2), paragraph (a) of subsection (3), 
 45 and subsection (5) of section 39.0139, Florida Statutes, are 
 46 amended to read: 
 47 39.0139 Visitation or other contact; restrictions.— 
 48 (2) LEGISLATIVE FINDINGS AND INTENT.— 
 49 (a) The Legislature finds that: 
 50 1. For some children who are abused, abandoned, or 
 51 neglected by a parent or other caregiver, abuse may include 
 52 sexual abuse, parricide, or attempted parricide. 
 53 2. These same children are at risk of suffering from 
 54 further harm during visitation or other contact. 
 55 3. Visitation or other contact with the child may be used 
 56 to influence the child’s testimony. 
 57 (b) It is the intent of the Legislature to protect children 
 58 and reduce the risk of further harm to children who have been 
 59 sexually abused or exploited by a parent or other caregiver, or 
 60 whose parent or legal custodian has been killed or incapacitated 
 61 by a parent or other caregiver, by placing additional 
 62 requirements on judicial determinations related to contact 
 63 between a parent or caregiver who meets the criteria under 
 64 paragraph (3)(a) and a child victim in any proceeding pursuant 
 65 to this chapter. 
 66 (3) PRESUMPTION OF DETRIMENT.— 
 67 (a) A rebuttable presumption of detriment to a child is 
 68 created when: 
 69 1. A court of competent jurisdiction has found probable 
 70 cause exists that a parent or caregiver has sexually abused a 
 71 child as defined in s. 39.01; 
 72 2. A parent or caregiver has been found guilty of, 
 73 regardless of adjudication, or has entered a plea of guilty or 
 74 nolo contendere to, charges under the following statutes or 
 75 substantially similar statutes of other jurisdictions: 
 76 a. Section 787.04, relating to removing minors from the 
 77 state or concealing minors contrary to court order; 
 78 b. Section 794.011, relating to sexual battery; 
 79 c. Section 798.02, relating to lewd and lascivious 
 80 behavior; 
 81 d. Chapter 800, relating to lewdness and indecent exposu