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Discussion 3_ Foundations in Child Protection Law

Discussion 3_ Foundations in Child Protection Law

Q 1. Pursuant to Chapter 39 of the Florida Statutes, which persons have an affirmative obligation to report suspected cases of child abuse? In this fact pattern, does either the school teacher or the school nurse have an affirmative obligation to report this incident and are there any civil or criminal penalties imposed by law if they fail to report or if they incorrectly report the incident?2. If a protective investigation is initiated pursuant to Chapter 39 of the Florida Statutes, is the State Department of Children and Families (the state child protection agency) obligated to work with law enforcement to investigate the case?3. How effective are child abuse registries and what is there primary purpose? What rights do parents have in regards to having their name removed from the abuse registry?4. Does the state have an affirmative legal obligation to protect children from abuse and what happens if the state fails in this obligation? What does a “special relationship” mean explained in Deshaney v. Winnebago County?

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According to the Florida Statute Chapter 39, the part II relates to proceedings related to children and their abuse. This chapter states that any person, who has any knowledge or is suspicious that a child has been abused, abandoned or neglected by anyone who was responsible to provide care to the child can report the incident in proper manner. While reporting the person is required to give his name to the staff that is on the hotline. Physician, medical examiner, nurse, hospital personnel, mental health professional, spiritual practitioner, school teacher, school official, Social worker, law enforcement officer, judge all fall in this category.