Florida Senate - 2011 SB 380
By Senator Wise
5-00044B-11 2011380__
1 A bill to be entitled
2 An act relating to the certification of child welfare
3 personnel; amending s. 402.40, F.S.; revising
4 legislative intent; defining the terms “child welfare
5 certification” and “professional credentialing
6 entity”; requiring persons who provide child welfare
7 services to be certified by a professional
8 credentialing entity approved by the Department of
9 Children and Family Services; providing requirements
10 for department approval; deleting requirements
11 relating to the establishment of a department training
12 program, including training academies; revising the
13 use of a department trust fund; deleting certain
14 rulemaking authority of the department; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 402.40, Florida Statutes, is amended to
20 read:
21 402.40 Certification of child welfare personnel training.—
22 (1) LEGISLATIVE INTENT.—In order to enable the state to
23 provide a systematic approach to staff development and training
24 for persons providing child welfare services that will meet the
25 needs of such staff in their discharge of duties, It is the
26 intent of the Legislature that each person providing child
27 welfare services in this state earns and maintains a
28 professional certification from a professional credentialing
29 entity that is approved by the Department of Children and Family
30 Services establish, maintain, and oversee the operation of child
31 welfare training academies in the state. The Legislature further
32 intends that the staff development and training programs that
33 are established will aid in the reduction of poor staff morale
34 and of staff turnover, will positively impact on the quality of
35 decisions made regarding children and families who require
36 assistance from programs providing child welfare services, and
37 will afford better quality care of children who must be removed
38 from their families.
39 (2) DEFINITIONS.—As used in this section, the term:
40 (a) “Child welfare certification” means a professional
41 credential awarded to persons who have demonstrated competency
42 and proficiency in a child welfare services practice area
43 through the achievement of education, professional experience,
44 and examination requirements that have been developed according
45 to nationally recognized certification and psychometric
46 standards.
47 (b)(a) “Child welfare services” means any intake,
48 protective investigations, preprotective services, protective
49 services, foster care, shelter and group care, and adoption and
50 related services program, including supportive services,
51 supervision, and legal services, provided to children who are
52 alleged to have been abused, abandoned, or neglected, or who are
53 at risk of becoming, are alleged to be, or have been found
54 dependent pursuant to chapter 39.
55 (c)(b) “Person providing child welfare services” means a
56 person who has a responsibility for supervisory, legal, direct
57 care, or support-related support related work in the provision
58 of child welfare services pursuant to chapters 39 and 409
59 chapter 39.
60 (d) “Professional credentialing entity” means a department
61 approved nonprofit organization that is governed by a board of
62 directors composed of members who represent the population for
63 which it awards credentials.
64 (3) CHILD WELFARE CERTIFICATION.—Any person providing child
65 welfare services in this state must earn and maintain a child
66 welfare certification issued by a professional credentialing
67 entity.
68 (4) PROFESSIONAL CREDENTIALING ENTITIES.—The department
69 shall approve one or more professional credentialing entities
70 for the purpose of awarding child welfare certification to
71 persons who provide child welfare services. A professional
72 credentialing entity shall request such approval in writing from
73 the department. In order to obtain approval, the professional
74 credentialing entity must:
75 (a) Establish professional requirements and standards that
76 applicants must achieve in order to obtain a child welfare
77 certification and to maintain such certification;
78 (b) Develop and apply core competencies and examination
79 instruments according to nationally recognized certification and
80 psychometric standards;
81 (c) Maintain a professional code of ethics and a
82 disciplinary process that apply to all persons holding child
83 welfare certification;
84 (d) Maintain a database, accessible to the public, of all
85 persons holding child welfare certification, including any
86 history of ethical violations; and
87 (e) Require annual continuing education requirements for
88 persons holding child welfare certification.
89 (3) CHILD WELFARE TRAINING PROGRAM.—The department shall
90 establish a program for training pursuant to the provisions of
91 this section, and all persons providing child welfare services
92 shall be required to participate in and successfully complete
93 the program of training pertinent to their areas of
94 responsibility.
95 (5)(4) CHILD WELFARE TRAINING TRUST FUND.—
96 (a) There is created within the State Treasury a Child
97 Welfare Training Trust Fund to be used by the Department of
98 Children and Family Services for the purpose of funding the
99 professional development a comprehensive system of child welfare
100 training, including the securing of consultants to develop the
101 system and the developing of child welfare training academies
102 that include the participation of persons providing child
103 welfare services.
104 (b) One dollar from every noncriminal traffic infraction
105 collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
106 deposited into the Child Welfare Training Trust Fund.
107 (c) In addition to the funds generated by paragraph (b),
108 The trust fund shall also receive funds generated from an
109 additional fee on birth certificates and dissolution of marriage
110 filings, as specified in ss. 382.0255 and 28.101, respectively,
111 and may receive funds from any other public or private source.
112 (d) Funds that are not expended by the end of the budget
113 cycle or through a supplemental budget approved by the
114 department shall revert to the trust fund.
115 (5) CORE COMPETENCIES.—
116 (a) The Department of Children and Family Services shall
117 establish the core competencies for a single integrated
118 curriculum that ensures that each person delivering child
119 welfare services obtains the knowledge, skills, and abilities to
120 competently carry out his or her work responsibilities. This
121 curriculum may be a compilation of different development efforts
122 based on specific subsets of core competencies that are
123 integrated for a comprehensive curriculum required in the
124 provision of child welfare services in this state.
125 (b) The identification of these core competencies shall be
126 a collaborative effort to include professionals with expertise
127 in child welfare services and providers that will be affected by
128 the curriculum, to include, but not be limited to,
129 representatives from the community-based care lead agencies,
130 sheriffs’ offices conducting child protection investigations,
131 and child welfare legal services providers.
132 (c) Notwithstanding s. 287.057(3) and (21), the department
133 shall competitively solicit and contract for the development,
134 validation, and periodic evaluation of the training curricula
135 for the established single integrated curriculum. No more than
136 one training curriculum may be developed for each specific
137 subset of the core competencies.
138 (6) ADVANCED TRAINING.—The Department of Children and
139 Family Services shall annually examine the advanced training
140 that is needed by persons who deliver child welfare services in
141 the state. This examination shall address whether the current
142 advanced training provided should be continued and shall include
143 the development of plans for incorporating any revisions to the
144 advanced training determined necessary. This examination shall
145 be conducted in collaboration with professionals with expertise
146 in child welfare services and providers that will be affected by
147 the curriculum, to include, but not be limited to,
148 representatives from the community-based care lead agencies,
149 sheriffs’ offices conducting child protection investigations,
150 and child welfare legal services providers.
151 (7) CERTIFICATION AND TRAINER QUALIFICATIONS.—The
152 department shall, in collaboration with the professionals and
153 providers described in subsection (5), develop minimum standards
154 for a certification process that ensures that participants have
155 successfully attained the knowledge, skills, and abilities
156 necessary to competently carry out their work responsibilities
157 and shall develop minimum standards for trainer qualifications
158 which must be required of training academies in the offering of
159 the training curricula. Any person providing child welfare
160 services shall be required to master the components of the
161 curriculum that are particular to that person’s work
162 responsibilities.
163 (8) ESTABLISHMENT OF TRAINING ACADEMIES.—The department
164 shall establish child welfare training academies as part of a
165 comprehensive system of child welfare training. In establishing
166 a program of training, the department may contract for the
167 operation of one or more training academies to perform one or
168 more of the following: to offer one or more of the training
169 curricula developed under subsection (5); to administer the
170 certification process; to develop, validate, and periodically
171 evaluate additional training curricula determined to be
172 necessary, including advanced training that is specific to a
173 region or contractor, or that meets a particular training need;
174 or to offer the additional training curricula. The number,
175 location, and timeframe for establishment of training academies
176 shall be approved by the Secretary of Children and Family
177 Services who shall ensure that the goals for the core
178 competencies and the single integrated curriculum, the
179 certification process, the trainer qualifications, and the
180 additional training needs are addressed. Notwithstanding s.
181 287.057(3) and (21), the department shall competitively solicit
182 all training academy contracts.
183 (9) ADOPTION OF RULES.—The Department of Children and
184 Family Services shall adopt rules necessary to carry out the
185 provisions of this section.
186 Section 2. This act shall take effect July 1, 2011.