I am writing to defend the Child Safety and Custody Compliance Act (Senate Bill 60/House Bill 193 in the upcoming legislative session) in response to the Sun Sentinel Editorial Board’s Jan. 9 editorial, “Don’t Discourage Anonymous Abuse Calls.” While I share the board’s concern for child safety, its analysis oversimplifies the bill and its broader context. Instead, the editorial narrowly focuses on proposed language changes without considering the criminal justice statutes that comprise the bill. This perspective overlooks the current legal framework and how the bill addresses gaps within it. Let me offer a more comprehensive view.

Every day in Florida, parents unlawfully deny the other parent custody or visitation rights — an issue the Legislature first addressed in 1975. Despite judicial precedent affirming law enforcement’s duty to intervene, enforcement is nonexistent. Family court judges confirm that law enforcement wrongly assumes these matters fall solely within family courts’ jurisdiction. In response, the Legislature has strengthened protections, classifying such actions as child abuse due to the emotional harm inflicted on children, and as domestic violence, equating them to familial kidnapping. Yet, enforcement remains nonexistent.

Chris Felder is an advocate for family legal system reform. (courtesy, Chris Felder)

The Sun Sentinel claims that the bill “is a bargain-basement answer to a serious problem and will do more harm than good.” This acknowledges the immeasurable harm caused to the child and left-behind family but dismisses the proposed solution without offering alternatives. That kind of response undermines the bill’s intent to address critical gaps in child protection.

The bill aims to close gaps in the law by codifying judicial precedent, addressing failures across family courts, law enforcement, the Department of Children and Families (DCF) and schools. These institutions often fail to uphold existing protections. By ensuring consistent adherence to legal frameworks, the bill promotes accountability and strengthens enforcement across these sectors.

The Sun Sentinel’s assertion that the bill “threatens school employees [who unknowingly allow a child to go home with a noncustodial parent] with criminal prosecution” and “undercuts anonymity” is misleading. While the bill makes this explicit, school employees are already subject to statutes that enforce parenting plans.

Contrary to this newspaper’s claims, the provision adjusting trust in anonymous abuse reports does not “discourage reporting” or delay investigations. Rather, it ensures that all reports, including anonymous ones, are thoroughly examined while addressing the potential harm of false claims. The bill upholds the fundamental duty to report abuse and reinforces the responsibility of agencies — particularly DCF — to conduct rigorous investigations. Its goal is to prevent harm to families from misuse of the reporting system and to better protect them, especially from repeated anonymous reports.

The bill resolves issues related to unclear guidance, insufficient training and misinterpretation of authority, ensuring consistent protection of child-parent relationships post-separation — even in the absence of a court order. Key provisions include:

• Mandating law enforcement uphold custody rights and prevent wrongful denial, reducing emotional distress for children.
• Requiring prompt family court responses to custody issues, ensuring timely intervention.
• Imposing penalties on DCF investigators who neglect their duties, safeguarding children.
• Broadening definitions of “domestic violence” and “child abuse” to include custodial interference, ensuring prompt action.
• Requiring schools to enforce custody arrangements and verify identity for child pick-ups.
• Providing flexibility for protective injunctions to balance custody laws with safety.
• Updating laws to address modern communication methods (e.g., Facetime and mobile text) that disrupt custody.
• Ensuring closer examination of anonymous reports to prevent misuse.
• Expanding false reporting definitions, protecting good-faith reporters, and increasing penalties for negligent or reckless reports, strengthening child protection.
• Appointing a dedicated advocate for missing children, ensuring transparency in reporting.

The bill is a crucial step toward ensuring the protection of children and holding institutions accountable in family matters. It addresses enforcement gaps, clarifies the roles of family courts and agencies, and ensures consistent protection of child-parent relationships, even without a court order. While the system’s intent is to protect, its flaws often result in harm. This bill aims to remedy these flaws, promote responsible reporting, and establish a safer, more reliable framework for families navigating separation. I urge you to support this bill and recognize its importance in addressing the real challenges faced by families.

Chris Felder, based in Sarasota, is an advocate for family legal system reform with over a decade of experience working to address challenges across family courts, law enforcement, DCF, schools and child support enforcement. He has worked closely with families, legislators and advocacy groups to resolve systemic issues affecting Floridians, exemplified by his key role in crafting SB-60/HB-193. 

NCFM NOTE:

Chris’s work exemplifies how the activist efforts of one person can set the stage for national reforms. Chris’s out-of-the-box thinking has created a platform from which his proposed legislation can be considered and adopted by other states. Moreover, wherever this legislation may be implemented our society will be much better off and our children will have a much better chance of getting to know both of their parents. Thank you, Chris, for all you do to make our world a better place for the rest of us.