Parents of children with rare medical conditions that can manifest in easy bruising and broken bones will now have safeguards against wrongful child removal under legislation Gov. Ron DeSantis approved this week.
DeSantis has signed HB 47, which revises Florida’s protective investigation procedures when a child has certain medical diagnoses with symptoms that can resemble physical abuse, but are actually caused by genetic or nutritional conditions.
Broward County Democratic Sen. Barbara Sharief, Weston Democratic Rep. Robin Bartleman and Shalimar Republican Rep. Patt Maney championed the measure, which cleared both chambers of the Legislature unanimously in March.
It was the first-ever piece of legislation Sharief, a doctor of nursing practice, filed in her inaugural term last year.
“As a healthcare professional, I understand the importance of accurate diagnoses and informed decision-making,” Sharief said. “This legislation strengthens communication between medical experts and child welfare professionals so that investigations are based on the most complete and reliable information available.”
HB 47 applies to children diagnosed with Ehlers-Danlos syndrome, rickets, osteogenesis imperfecta and vitamin D deficiency, which cause fragile bones, easy bruising and other injuries that can be mistaken for abuse.
Under the bill, the Department of Children and Families (DCF) can delay immediately referring certain criminal allegations to law enforcement if a parent reports one of those diagnoses or requests a qualifying medical exam, though referral is still required after the investigation if criminal conduct remains alleged.
The law, effective July 1, requires child protection teams to consult with qualified physicians or advanced practice registered nurses and mandates that DCF must request relevant medical records.
It also gives parents the right to seek a second medical opinion within a set time frame, requires written reports of those exams, mandates case staffing when medical opinions differ and requires healthcare providers to furnish requested records to DCF within 14 days.
Bartleman called HB 47 “an important step toward ensuring child abuse investigations are fair, thorough, and guided by accurate medical evidence.”
“This bill aligns with successful legislation in other states and strengthens our process by protecting both children and families, ensuring that wrongful accusations are avoided while legitimate cases are addressed,” she said. “Thank you to the mothers who bravely shared their experiences throughout the committee process.”
Maney described it as “a big win for Florida’s families.”
“Now, with a second medical opinion issued to the Department of Children and Families for children in protective services,” he said, “this law will add another imperative layer of protection for parental rights.”
HB 47 and its Senate companion (SB 42) were inspired by the case of Michael and Tasha Patterson, who lost custody of their 8-week-old twin sons in 2022 due to a previously undiagnosed case of Ehlers-Danlos.
Years later, the couple remains locked in court battles to regain custody. In January, Tasha Patterson called the current system “broken,” noting that DCF did not consider input from 12 experts on medically complex children and continued to ignore evidence of non-abuse.
“My hope is that the system can learn to prioritize accountability, transparency and fairness when new information emerges,” she said at the time.
During Committee hearings, other families shared harrowing stories. Diana Sullivan detailed how DCF took her newborn daughter and other children after the girl exhibited symptoms of Ehlers-Danlos and osteogenesis imperfecta, despite the initial DCF report listing rare health maladies as a possible cause for injuries.
Sarah Mischler recounted fighting for 11 months and spending more than $100,000 to keep her 7-month-old son after a misdiagnosis of shaken baby syndrome based on an old bleed from a vacuum-assisted birth.
“What ultimately saved our family was the ability to obtain a second medical opinion,” Mischler said.
Sharief said 118 Floridians claiming improper child removal due to incorrect abuse suspicions expressed written support for the legislation.
Organizations backing the bill include the Florida Nurses Association, the Florida Chapter of the American Academy of Pediatrics, Disability Rights of Florida, and the Florida Justice Association.
“This bill, when enacted,” Sharief said ahead of the bill’s Senate passage March 2, “will … give parents an opportunity to put on a defense for getting their kids back if they need to prove their innocence.”
The post Gov. DeSantis signs legislation stalling child removals based on possible abuse misdiagnoses appeared first on Florida Politics – Campaigns & Elections. Lobbying & Government..