Florida legislation · 2026 Regular Session
Florida S438: Child Welfare
Status: Failed, March 13, 2026
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.
What the bill says
An act relating to child welfare; amending s. 39.01, F.S.; defining the term âincapacitatedâ; amending s. 39.0139, F.S.; revising legislative findings and intent; 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; amending s. 39.402, F.S.; requiring that a shelter hearing take place within a specified period under certain circumstances…
From the introduced text, November 7, 2025:
A bill to be entitled An act relating to child welfare; amending s. 39.01, F.S.; defining the term âincapacitatedâ; amending s. 39.0139, F.S.; revising legislative findings and intent; 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; amending s. 39.402, F.S.; 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; amending ss. 39.302, 394.495, 934.255, 960.065, and 984.03, F.S.; conforming cross-references; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.âPresent subsections (39) through (91) of section 39.01, Florida Statutes, are redesignated as subsections (40) through (92), respectively, a new subsection (39) is added to that section, and subsection (10) and present subsection (39) of that section are amended, to read: 39.01âDefinitions.âWhen used in this chapter, unless the context otherwise requires: (10)ââCaregiverâ means the parent, legal custodian, permanent guardian, adult household member, or other person responsible for a childâs welfare as defined in subsection (58) [DELETED: (57)] . (39)ââIncapacitatedâ means a person determined by a licensed physician or other qualified professional to be unable to care for his or her child because …
Sponsors
- Leek, Tom (R, SD-007) · primary sponsor
Latest actions
- : Died in Children, Families, and Elder Affairs
- : Introduced
- : Referred to Children, Families, and Elder Affairs; Appropriations Committee on Health and Human Services; Fiscal Policy
- : Filed
Subjects: Appropriations Committee on Health and Human Services, Fiscal Policy, Children, Families, and Elder Affairs
Common questions
- What is S438?
- S438 is a bill in the Florida Legislature (2026 Regular Session): Child Welfare.
- What does S438 do?
- In its own words: An act relating to child welfare; amending s. 39.01, F.S.; defining the term âincapacitatedâ; amending s. 39.0139, F.S.; revising legislative findings and intent; 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; amending s. 39.402, F.S.; requiring that a shelter hearing take place within a specified period under certain circumstances…
- What is the status of S438?
- Failed as of March 13, 2026. Latest action: Died in Children, Families, and Elder Affairs (March 13, 2026).
- Who sponsored S438?
- Leek, Tom (R, SD-007).
- Where is the official record for S438?
- On the Florida Legislature website: https://www.flsenate.gov/Session/Bill/2026/438
Source: official Florida record. Tracked by Delilah, AI for legislation across all 50 states and Congress.