House Bill hb1567c1

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    Florida House of Representatives - 2002             CS/HB 1567

        By the Committee on Workforce & Technical Skills and
    Representative Ausley





  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         402.3131, F.S.; increasing the introductory

  4         course requirement for operators of large

  5         family child care homes; requiring a competency

  6         examination upon successful completion of

  7         required training; providing for community

  8         college credit; amending s. 402.305, F.S.;

  9         revising minimum training requirements for

10         child care personnel; increasing the

11         introductory course requirement; providing

12         additional training topics; requiring a

13         competency examination upon successful

14         completion of the required training; providing

15         for community college credit; providing an

16         automatic exemption from certain training

17         requirements for personnel having specified

18         degrees, credentials, courses, or waivers in

19         specified areas; amending s. 402.313, F.S.;

20         requiring a competency examination for

21         operators of family day care homes upon

22         successful completion of the required training;

23         requiring the Department of Children and Family

24         Services to establish standards for training by

25         rule for certain family day care homes;

26         authorizing the department to modify certain

27         child care training requirements to provide for

28         articulation into community college credit;

29         providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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  1         Section 1.  Subsection (3) of section 402.3131, Florida

  2  Statutes, is amended to read:

  3         402.3131  Large family child care homes.--

  4         (3)  Operators of large family child care homes must

  5  successfully complete shall take an approved 45-clock-hour

  6  40-clock-hour introductory course in group child care, as

  7  evidenced by passage of a competency examination. Successful

  8  completion of the 45-clock-hour introductory course shall

  9  articulate into community college credit in early childhood

10  education, as approved by the Articulation Coordinating

11  Committee pursuant to s. 229.551(1)(g).

12         Section 2.  Paragraph (d) of subsection (2) of section

13  402.305, Florida Statutes, is amended to read:

14         402.305  Licensing standards; child care facilities.--

15         (2)  PERSONNEL.--Minimum standards for child care

16  personnel shall include minimum requirements as to:

17         (d)  Minimum training requirements for child care

18  personnel.

19         1.  Such minimum standards for training shall ensure

20  that all child care personnel and operators of family day care

21  homes serving at-risk children in a subsidized child care

22  program pursuant to s. 402.3015 take an approved 45-clock-hour

23  40-clock-hour introductory course in child care, which course

24  covers at least the following topic areas:

25         a.  State and local rules and regulations which govern

26  child care.

27         b.  Health, safety, and nutrition.

28         c.  Identifying and reporting child abuse and neglect.

29         d.  Child development, including typical and atypical

30  language, cognitive, motor, social, and self-help skills

31  development.

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  1         e.  Observation of developmental behaviors, including

  2  using a checklist or other similar observation tools and

  3  techniques to determine the child's developmental age level.

  4         f.  Brain research and computer technology for

  5  professional and classroom use.

  6         g.f.  Specialized areas, as determined by the

  7  department, for owner-operators and child care personnel of a

  8  child care facility.

  9

10  Within 90 days after of employment, child care personnel shall

11  begin training to meet the training requirements. Child care

12  personnel and shall successfully complete such training within

13  1 year after of the date on which the training began, as

14  evidenced by passage of a competency examination. Successful

15  completion of the 45-clock-hour introductory course shall

16  articulate into community college credit in early childhood

17  education, as approved by the Articulation Coordinating

18  Committee, pursuant to s. 229.551(1)(g). Exemption from all or

19  a portion of the required training shall be granted to child

20  care personnel based upon educational credentials or passage

21  of competency examinations. Child care personnel possessing a

22  2-year degree or higher that includes 6 college credit hours

23  in early childhood development or child growth and

24  development, or a child development associate credential or an

25  equivalent state-approved child development associate

26  credential, or a child development associate waiver

27  certificate shall be automatically exempted from the training

28  requirements in sub-subparagraphs b., d., and e.

29         2.  The introductory course in child care shall stress,

30  to the extent possible, an interdisciplinary approach to the

31  study of children.

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  1         3.  On an annual basis in order to further their child

  2  care skills and, if appropriate, administrative skills, child

  3  care personnel who have fulfilled the requirements for the

  4  child care training shall be required to take an additional

  5  approved 8 clock hours of inservice training or an equivalent

  6  as determined by the department.

  7         4.  Procedures for ensuring the training of qualified

  8  child care professionals to provide training of child care

  9  personnel, including onsite training, shall be included in the

10  minimum standards.  It is recommended that the state community

11  child care coordination agencies (central agencies) be

12  contracted by the department to coordinate such training when

13  possible. Other district educational resources, such as

14  community colleges and vocational-technical programs, can be

15  designated in such areas where central agencies may not exist

16  or are determined not to have the capability to meet the

17  coordination requirements set forth by the department.

18         5.  Training requirements shall not apply to certain

19  occasional or part-time support staff, including, but not

20  limited to, swimming instructors, piano teachers, dance

21  instructors, and gymnastics instructors.

22         6.  The department State Coordinating Council for

23  School Readiness Programs, in coordination with the

24  department, shall evaluate or contract for an evaluation for

25  the general purpose of determining the status of and means to

26  improve staff training requirements and testing procedures.

27  The evaluation shall be completed by October 1, 1992, and

28  conducted every 2 years thereafter.  The evaluation shall

29  include, but not be limited to, determining the availability,

30  quality, scope, and sources of current staff training;

31  determining the need for specialty training; and determining

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  1  ways to increase inservice training and ways to increase the

  2  accessibility, quality, and cost-effectiveness of current and

  3  proposed staff training. The evaluation methodology shall

  4  include a reliable and valid survey of child care personnel.

  5         7.  The child care operator shall be required to take

  6  basic training in serving children with disabilities within 5

  7  years after employment, either as a part of the introductory

  8  training or the annual 8 hours of inservice training.

  9         Section 3.  Paragraph (a) of subsection (1) and

10  subsections (4) and (10) of section 402.313, Florida Statutes,

11  are amended to read:

12         402.313  Family day care homes.--

13         (1)  Family day care homes shall be licensed under this

14  act if they are presently being licensed under an existing

15  county licensing ordinance, if they are participating in the

16  subsidized child care program, or if the board of county

17  commissioners passes a resolution that family day care homes

18  be licensed.  If no county authority exists for the licensing

19  of a family day care home, the department shall have the

20  authority to license family day care homes under contract for

21  the purchase-of-service system in the subsidized child care

22  program.

23         (a)  If not subject to license, family day care homes

24  shall register annually with the department, providing the

25  following information:

26         1.  The name and address of the home.

27         2.  The name of the operator.

28         3.  The number of children served.

29         4.  Proof of a written plan to provide at least one

30  other competent adult to be available to substitute for the

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  1  operator in an emergency.  This plan shall include the name,

  2  address, and telephone number of the designated substitute.

  3         5.  Proof of screening and background checks.

  4         6.  Proof of successful completion of the 30-hour

  5  training course, as evidenced by passage of a competency

  6  examination, which shall include:

  7         a.  State and local rules and regulations that govern

  8  child care.

  9         b.  Health, safety, and nutrition.

10         c.  Identifying and reporting child abuse and neglect.

11         d.  Child development, including typical and atypical

12  language development; and cognitive, motor, social, and

13  self-help skills development.

14         e.  Observation of developmental behaviors, including

15  using a checklist or other similar observation tools and

16  techniques to determine a child's developmental level.

17         f.  Specialized areas, as determined by the department,

18  for owner-operators of family day care homes.

19         7.  Proof that immunization records are kept current.

20         (4)  Operators of family day care homes must

21  successfully complete shall take an approved 30-clock-hour

22  introductory course in child care, as evidenced by passage of

23  a competency examination. Family day care homes licensed or

24  registered on June 30, 1999, shall have until June 30, 2001,

25  to comply with this course requirement, except that the

26  department shall exempt family day care homes in this category

27  that can demonstrate that the operator has received at least

28  30 hours of training. Family day care homes initially licensed

29  or registered on or after July 1, 1999, but before October 1,

30  1999, shall have until October 1, 1999, to comply with the

31  30-clock-hour course requirement. Family day care homes

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  1  initially licensed or registered on or after October 1, 1999,

  2  must comply with the 30-clock-hour course requirement before

  3  caring for children.

  4         (10)  The department shall, by rule, establish minimum

  5  standards for family day care homes that are required to be

  6  licensed by county licensing ordinance or county licensing

  7  resolution or that voluntarily choose to be licensed. The

  8  standards should include requirements for staffing, training,

  9  maintenance of immunization records, minimum health standards,

10  reduced standards for the regulation of child care during

11  evening hours by municipalities and counties, and enforcement

12  of standards.

13         Section 4.  The Department of Children and Family

14  Services may modify the 45-clock-hour introductory course in

15  child care under s. 402.305 or s. 402.3131, Florida Statutes,

16  to meet the requirements of articulating the course to

17  community college credit. Any modification must continue to

18  provide that the course satisfies the requirements of s.

19  402.305(2)(d), Florida Statutes.

20         Section 5.  This act shall take effect July 1, 2002.

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