Senate Bill sb2446c2

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    Florida Senate - 2003                    CS for CS for SB 2446

    By the Committees on Education; Children and Families; and
    Senator Wasserman Schultz




    304-2514-03

  1                      A bill to be entitled

  2         An act relating to child care; amending s.

  3         402.305, F.S.; revising inservice training

  4         requirements for child care personnel;

  5         requiring training in early literacy and

  6         language development; amending s. 402.312,

  7         F.S.; providing grounds for injunctive relief

  8         against family day care homes or large family

  9         child care homes; providing penalties; amending

10         s. 402.313, F.S.; requiring annual training and

11         an annual health and safety home inspection

12         self-evaluation by family day care home

13         operators; requiring training in early literacy

14         and language development; amending s. 402.3131,

15         F.S.; requiring annual training of operators of

16         large family child care homes; requiring

17         training in early literacy and language

18         development; requiring the Department of

19         Children and Family Services to adopt rules;

20         providing an effective date.

21  

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

23  

24         Section 1.  Paragraph (d) of subsection (2) of section

25  402.305, Florida Statutes, is amended to read:

26         402.305  Licensing standards; child care facilities.--

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

28  personnel shall include minimum requirements as to:

29         (d)  Minimum training requirements for child care

30  personnel.

31  

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    Florida Senate - 2003                    CS for CS for SB 2446
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 1         1.  Such minimum standards for training shall ensure

 2  that all child care personnel take an approved 40-clock-hour

 3  introductory course in child care, which course covers at

 4  least the following topic areas:

 5         a.  State and local rules and regulations which govern

 6  child care.

 7         b.  Health, safety, and nutrition.

 8         c.  Identifying and reporting child abuse and neglect.

 9         d.  Child development, including typical and atypical

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

11  development.

12         e.  Observation of developmental behaviors, including

13  using a checklist or other similar observation tools and

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

15         f.  Specialized areas, including computer technology

16  for professional and classroom use and early literacy and

17  language development of children from birth to 5 years of age,

18  as determined by the department, for owner-operators and child

19  care personnel of a child care facility.

20  

21  Within 90 days after employment, child care personnel shall

22  begin training to meet the training requirements. Child care

23  personnel shall successfully complete such training within 1

24  year after the date on which the training began, as evidenced

25  by passage of a competency examination. Successful completion

26  of the 40-clock-hour introductory course shall articulate into

27  community college credit in early childhood education,

28  pursuant to ss. 1007.24 and 1007.25. Exemption from all or a

29  portion of the required training shall be granted to child

30  care personnel based upon educational credentials or passage

31  of competency examinations. Child care personnel possessing a

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    Florida Senate - 2003                    CS for CS for SB 2446
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 1  2-year degree or higher that includes 6 college credit hours

 2  in early childhood development or child growth and

 3  development, or a child development associate credential or an

 4  equivalent state-approved child development associate

 5  credential, or a child development associate waiver

 6  certificate shall be automatically exempted from the training

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

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

 9  to the extent possible, an interdisciplinary approach to the

10  study of children.

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

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

13  care personnel who have fulfilled the requirements for the

14  child care training shall be required to take an additional 1

15  continuing education unit approved 8 clock hours of approved

16  inservice training, or 10 clock hours of an equivalent

17  training, as determined by the department.

18         4.  Child care personnel shall be required to complete

19  0.5 continuing education unit of approved training or 5 clock

20  hours of equivalent training, as determined by the department,

21  in early literacy and language development of children from

22  birth to 5 years of age one time. The year that this training

23  is completed, it shall fulfill the 0.5 continuing education

24  unit or 5 clock hours of the annual training required in

25  subparagraph 3.

26         5.4.  Procedures for ensuring the training of qualified

27  child care professionals to provide training of child care

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

29  minimum standards. It is recommended that the state community

30  child care coordination agencies (central agencies) be

31  contracted by the department to coordinate such training when

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    Florida Senate - 2003                    CS for CS for SB 2446
    304-2514-03




 1  possible. Other district educational resources, such as

 2  community colleges and vocational-technical programs, can be

 3  designated in such areas where central agencies may not exist

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

 5  coordination requirements set forth by the department.

 6         6.5.  Training requirements shall not apply to certain

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

 8  limited to, swimming instructors, piano teachers, dance

 9  instructors, and gymnastics instructors.

10         7.6.  The department shall evaluate or contract for an

11  evaluation for the general purpose of determining the status

12  of and means to improve staff training requirements and

13  testing procedures. The evaluation shall be conducted every 2

14  years. The evaluation shall include, but not be limited to,

15  determining the availability, quality, scope, and sources of

16  current staff training; determining the need for specialty

17  training; and determining ways to increase inservice training

18  and ways to increase the accessibility, quality, and

19  cost-effectiveness of current and proposed staff training. The

20  evaluation methodology shall include a reliable and valid

21  survey of child care personnel.

22         8.7.  The child care operator shall be required to take

23  basic training in serving children with disabilities within 5

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

25  training or the annual 8 hours of inservice training.

26         Section 2.  Section 402.312, Florida Statutes, is

27  amended to read:

28         402.312  License required; injunctive relief.--

29         (1)  The operation of a child care facility without a

30  license, a family day care home without a license or

31  registration, or a large family child care home without a

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    Florida Senate - 2003                    CS for CS for SB 2446
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 1  license is prohibited.  If the department or the local

 2  licensing agency discovers that a child care facility is being

 3  operated without a license, a family day care home is being

 4  operated without a license or registration, or a large family

 5  child care home is being operated without a license, the

 6  department or local licensing agency is authorized to seek an

 7  injunction in the circuit court where the facility is located

 8  to enjoin continued operation of such facility, family day

 9  care home, or large family child care home. When the court is

10  closed for the transaction of judicial business, the

11  department or local licensing agency is authorized to seek an

12  emergency injunction to enjoin continued operation of such

13  unlicensed facility, unregistered or unlicensed family day

14  care home, or unlicensed large family child care home, which

15  injunction shall be continued, modified, or revoked on the

16  next day of judicial business.

17         (2)  Other grounds for seeking an injunction to close a

18  child care facility, family day care home, or a large family

19  child care home are that:

20         (a)  There is any violation of the standards applied

21  under ss. 402.301-402.319 which threatens harm to any child in

22  the child care facility, a family day care home, or large

23  family child care home.

24         (b)  A licensee or registrant has repeatedly violated

25  the standards provided for under ss. 402.301-402.319.

26         (c)  A child care facility, family day care home, or

27  large family child care home continues to have children in

28  attendance after the closing date established by the

29  department or the local licensing agency.

30         (3)  The department or local licensing agency may

31  impose an administrative fine on any child care facility,

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    Florida Senate - 2003                    CS for CS for SB 2446
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 1  family day care home, or large family child care home

 2  operating without a license or registration, consistent with

 3  the provisions of s. 402.310.

 4         Section 3.  Paragraph (a) of subsection (1) of section

 5  402.313, Florida Statutes, is amended, subsections (5) through

 6  (10) are renumbered as subsections (8) through (13),

 7  respectively, and new subsections (5), (6), and (7) are added

 8  to that section, to read:

 9         402.313  Family day care homes.--

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

11  act if they are presently being licensed under an existing

12  county licensing ordinance, if they are participating in the

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

14  commissioners passes a resolution that family day care homes

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

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

17  authority to license family day care homes under contract for

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

19  program.

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

21  shall register annually with the department, providing the

22  following information:

23         1.  The name and address of the home.

24         2.  The name of the operator.

25         3.  The number of children served.

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

27  other competent adult to be available to substitute for the

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

29  address, and telephone number of the designated substitute.

30         5.  Proof of screening and background checks.

31  

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    Florida Senate - 2003                    CS for CS for SB 2446
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 1         6.  Proof of successful completion of the 30-hour

 2  training course, as evidenced by passage of a competency

 3  examination, which shall include:

 4         a.  State and local rules and regulations that govern

 5  child care.

 6         b.  Health, safety, and nutrition.

 7         c.  Identifying and reporting child abuse and neglect.

 8         d.  Child development, including typical and atypical

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

10  self-help skills development.

11         e.  Observation of developmental behaviors, including

12  using a checklist or other similar observation tools and

13  techniques to determine a child's developmental level.

14         f.  Specialized areas, including early literacy and

15  language development of children from birth to 5 years of age,

16  as determined by the department, for owner-operators of family

17  day care homes.

18         7.  Proof that immunization records are kept current.

19         8.  Proof of completion of the required continuing

20  education units or clock hours.

21         (5)  In order to further develop their child care

22  skills and, if appropriate, their administrative skills,

23  operators of family day care homes shall be required to

24  complete an additional 1 continuing education unit of approved

25  training or 10 clock hours of equivalent training, as

26  determined by the department, annually.

27         (6)  Operators of family day care homes shall be

28  required to complete 0.5 continuing education unit of approved

29  training in early literacy and language development of

30  children from birth to 5 years of age one time. The year that

31  this training is completed, it shall fulfill the 0.5

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    Florida Senate - 2003                    CS for CS for SB 2446
    304-2514-03




 1  continuing education unit or 5 clock hours of the annual

 2  training required in subsection (5).

 3         (7)  Operators of family day care homes shall be

 4  required annually to complete a health and safety home

 5  inspection self-evaluation checklist developed by the

 6  department in conjunction with the statewide resource and

 7  referral program. The completed checklist shall be signed by

 8  the operator of the family day care home and provided to

 9  parents as certification that basic health and safety

10  standards are being met.

11         Section 4.  Subsections (4) through (6) of section

12  402.3131, Florida Statutes, are renumbered as subsections (6)

13  through (8), respectively, and new subsections (4) and (5) are

14  added to that section to read:

15         402.3131  Large family child care homes.--

16         (4)  In order to further develop their child care

17  skills and, if appropriate, their administrative skills,

18  operators of large family child care homes who have completed

19  the required introductory course shall be required to complete

20  an additional 1 continuing education unit of approved training

21  or 10 clock hours of equivalent training, as determined by the

22  department, annually.

23         (5)  Operators of large family child care homes shall

24  be required to complete 0.5 continuing education unit of

25  approved training or 5 clock hours of equivalent training, as

26  determined by the department, in early literacy and language

27  development of children from birth to 5 years of age one time.

28  The year that this training is completed, it shall fulfill the

29  0.5 continuing education unit or 5 clock hours of the annual

30  training required in subsection (4).

31  

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    Florida Senate - 2003                    CS for CS for SB 2446
    304-2514-03




 1         Section 5.  The Department of Children and Family

 2  Services shall adopt by rule a definition for child care which

 3  distinguishes between child care programs that require child

 4  care licensure and after-school programs that do not require

 5  licensure.

 6         Section 6.  This act shall take effect July 1, 2003.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                       CS/Senate Bill 2446

10                                 

11  The committee substitute makes a technical change and requires
    the Department of Children and Family Services to establish by
12  rule a definition for child care which distinguishes between
    child care programs that require child care licensure and
13  after-school programs that do not require licensure.

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