Florida SB 42: New Protections for Parents in Abuse Investigations

Florida SB 42 Could Change How Child Abuse Allegations Are Investigated

According to First Coast News, Florida Senate Bill 42 unanimously passed the Senate Children, Families and Elder Affairs Committee, advancing a bill that would fundamentally change how the state handles child protective investigations where medical conditions may mimic signs of abuse. The bill, which received committee amendments as recently as February 17, 2026, was propelled forward by emotional testimony from mothers whose families were separated after medical conditions in their children were mistakenly flagged as abuse.

The core of SB 42 does two important things. First, it requires Child Protection Teams to consult with licensed physicians when evaluating reports of abuse. Second, it gives parents the explicit right to request an independent medical examination when their children are removed from the home.

As a Florida family law attorney, I can tell you that the intersection of child protective investigations and custody disputes is one of the most volatile areas of practice. This bill addresses a real and devastating problem, and its implications extend well beyond traditional abuse investigations.

Why This Bill Matters for Florida Divorce and Custody Cases

Here is something most people outside of family law do not realize: child abuse allegations frequently surface during contested divorce proceedings. Sometimes those allegations are genuine and need immediate action. But sometimes they arise from misunderstandings, medical conditions that look like abuse, or, unfortunately, from a spouse who is weaponizing the system during a custody fight.

Under current law, a report to the Department of Children and Families (DCF) can trigger an investigation that moves fast, sometimes faster than the evidence warrants. A child can be removed from a parent's care based on preliminary assessments that may lack thorough medical review. For a parent going through a high-conflict divorce, this can mean losing custody of their children before anyone with proper medical expertise has weighed in on whether an injury is actually the result of abuse or a medical condition.

Conditions like Ehlers-Danlos syndrome, osteogenesis imperfecta (brittle bone disease), certain bleeding disorders, and even common childhood skin conditions can produce bruising, fractures, or marks that look alarming to someone without specialized medical training. The testimony that drove SB 42 forward came from families who lived this nightmare. Their children had legitimate medical conditions, but the system treated them as abusers first and asked medical questions later.

If you are currently navigating a contested divorce in Florida, you should pay close attention to this legislation.

How SB 42 Changes the Process

The bill introduces two key procedural safeguards:

Mandatory Physician Consultation

Child Protection Teams would be required to consult with a licensed physician as part of their evaluation when abuse is reported. This is not just a recommendation or best practice. It would be a statutory requirement. The goal is to ensure that medical expertise is part of the decision-making process before a family is torn apart.

Right to Independent Medical Examination

Perhaps more significant for parents in custody disputes, SB 42 gives parents the right to request an independent medical examination when a child is removed from the home. This is a meaningful due process protection. Under the current system, parents often feel powerless when DCF acts on an initial assessment. An independent exam provides a check on the system and creates a pathway for parents to challenge conclusions that may be medically inaccurate.

These changes do not weaken child protection. Children who are genuinely being abused still receive the full force of Florida's protective apparatus. What changes is that the process becomes more medically rigorous before families are separated.

What This Means If You Are Going Through a Florida Divorce

In my practice, I see child abuse allegations come up in custody disputes more often than most people would expect. Sometimes a parent notices a bruise on a child after a visit with the other parent and, operating from a place of genuine concern or heightened suspicion during a contentious divorce, makes a report. What happens next can define the entire trajectory of the custody case.

If SB 42 becomes law, here is what changes practically for parents in Florida:

• If your child has a medical condition that could be mistaken for abuse, you gain a statutory mechanism to ensure that medical professionals are involved in the evaluation from the start.
• If your child is removed based on suspected abuse, you have an explicit right to seek an independent medical opinion rather than relying solely on the assessments made by the investigating team.
• If you are the parent being accused, this creates an additional layer of protection against wrongful separation from your child during what may already be the most stressful period of your life.

This is also relevant for parents working through custody arrangements cooperatively. If you and your spouse are pursuing a collaborative divorce process, understanding these protections can help both parents feel more secure about how third-party investigations would be handled if medical issues arise.

A Word of Caution

SB 42 has cleared one committee unanimously, which is a strong signal of support. But it has not become law yet. The bill still needs to pass through additional committees and both chambers of the Florida Legislature before it reaches the governor's desk. Legislative language can change significantly during that process, and committee amendments have already been filed.

I also want to be clear about something: this bill does not give anyone a free pass on child abuse. It adds medical rigor to the investigation process. If you are a parent who is genuinely concerned about your child's safety, you should absolutely continue to report those concerns. The bill simply ensures that trained physicians are part of the conversation when evaluating those reports.

For parents who have already been through a wrongful accusation, SB 42 does not apply retroactively. However, it may signal a broader shift in how Florida approaches these cases, which could influence judicial attitudes even before the bill becomes law.

What You Should Do Right Now

If you are a parent in Florida dealing with any of the following situations, this legislation is directly relevant to you:

• Your child has a medical condition that causes bruising, fractures, or other marks that could be misinterpreted
• You are going through a custody dispute and are concerned about false abuse allegations
• Your child has already been removed based on suspected abuse that you believe was actually a medical condition
• You are facing a DCF investigation during your divorce proceedings

Document everything. Keep your child's medical records organized and accessible. If your child has a diagnosed condition, make sure your attorney knows about it. And if you are involved in a contested custody case, discuss with your attorney how this pending legislation might affect your strategy going forward.

The families who testified in support of SB 42 went through something no parent should have to endure. If this bill becomes law, it will not undo the harm they experienced, but it may prevent the next family from going through the same thing.

If you are facing a custody dispute, a DCF investigation, or any situation where child welfare concerns are intersecting with your divorce, having experienced legal counsel matters. Feel free to reach out for a strategy session to discuss your specific circumstances.

Frequently Asked Questions

Has Florida SB 42 been signed into law?

Not yet. As of February 2026, SB 42 has passed the Senate Children, Families and Elder Affairs Committee unanimously. It still needs to advance through additional committees and pass both the Florida Senate and House before reaching the governor for signature. The bill could still be amended during this process.

Can I request an independent medical exam if my child is removed by DCF right now?

Under current Florida law, parents have certain due process rights when DCF removes a child, including the right to a shelter hearing within 24 hours. However, there is no explicit statutory right to an independent medical examination in the way SB 42 proposes. Parents can and should work with their attorneys to request medical evaluations, but the process is less formalized than what SB 42 would create.

How do child abuse allegations during a divorce affect custody in Florida?

Under Florida Statute Section 61.13, courts determine custody (called time-sharing in Florida) based on the best interests of the child. Abuse allegations are taken very seriously and can result in emergency modifications to time-sharing, supervised visitation, or temporary removal. A substantiated DCF finding can significantly impact custody outcomes, which is why the medical review requirements in SB 42 are so important for ensuring accuracy in these investigations.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice and should not be relied upon for legal decisions. Every divorce case is unique. If you are facing a similar situation, consult with a qualified Florida family law attorney. Contact Divorce.law for a strategy session.