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FL S0438
Bill
AI Summary
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Defines "incapacitated" as a person determined by a licensed physician or qualified professional to be unable to care for their child due to mental, physical, or other incapacity preventing informed decisions about the child's welfare
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Creates a rebuttable presumption of detriment to a child when a parent or caregiver is arrested for murder, manslaughter, or attempted murder/manslaughter of the child's other parent or legal custodian
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Requires shelter hearings within 24 hours when a child is taken into custody after a parent is arrested for killing or attempting to kill the child's other parent or legal custodian
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Mandates that children placed in shelter following such circumstances be referred to trauma-informed therapeutic services through either a licensed private provider or state-funded program
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Requires visitation supervisors in cases involving parricide or attempted parricide to receive special training in the dynamics of parricide, similar to existing requirements for child sexual abuse cases
Legislative Description
Child Welfare
Last Action
Introduced
1/13/2026