Florida Senate - 2023                                     SB 976
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-01094A-23                                           2023976__
    1                        A bill to be entitled                      
    2         An act relating to the certification of individuals
    3         who provide child and adult protective services;
    4         amending s. 402.40, F.S.; providing a review and
    5         appeal process for child welfare administration
    6         certifications that are denied, revoked, or suspended
    7         or sanctions that are imposed by a third-party
    8         credentialing entity; amending s. 415.101, F.S.;
    9         revising legislative intent regarding the
   10         certification of individuals who provide adult
   11         protective services; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (3) of section 402.40, Florida
   16  Statutes, is amended to read:
   17         402.40 Child welfare training and certification.—
   18         (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
   19  shall approve one or more third-party credentialing entities for
   20  the purpose of developing and administering child welfare
   21  certification programs for persons who provide child welfare
   22  services. A third-party credentialing entity must shall request
   23  such approval in writing from the department. In order to obtain
   24  approval, the third-party credentialing entity must:
   25         (a) Establish professional requirements and standards that
   26  applicants must achieve in order to obtain a child welfare
   27  certification and to maintain such certification.
   28         (b) Develop and apply core competencies and examination
   29  instruments according to nationally recognized certification and
   30  psychometric standards.
   31         (c) Maintain a professional code of ethics and a
   32  disciplinary process that apply to all persons holding child
   33  welfare certification.
   34         (d) Maintain a database, accessible to the public, of all
   35  persons holding child welfare certification, including any
   36  history of ethical violations.
   37         (e) Require annual continuing education for persons holding
   38  child welfare certification.
   39         (f) Administer a continuing education provider program to
   40  ensure that only qualified providers offer continuing education
   41  opportunities for certificateholders.
   42         (g) Review the findings and all relevant records involving
   43  the death of a child or other critical incident following
   44  completion of any reviews by the department, the inspector
   45  general, or the Office of the Attorney General. Such review may
   46  occur only upon the filing of a complaint from an outside party
   47  involving certified personnel. This review shall assess the
   48  certified personnel’s compliance with the third-party
   49  credentialing entity’s published code of ethical and
   50  professional conduct and disciplinary procedures.
   51         (h) Maintain an advisory committee, including
   52  representatives from each region of the department, each
   53  sheriff’s office providing child protective services, and each
   54  community-based care lead agency, who shall be appointed by the
   55  organization they represent. The third-party credentialing
   56  entity may appoint additional members to the advisory committee.
   57  
   58  Any decision by a third-party credentialing entity to deny,
   59  revoke, or suspend a certification, or otherwise impose
   60  sanctions on an individual who is certified, is reviewable by
   61  the department. Upon receiving an adverse determination, the
   62  person aggrieved may request an administrative hearing pursuant
   63  to ss. 120.569 and 120.57(1) within 30 days after completing any
   64  appeals process offered by the credentialing entity or the
   65  department, as applicable.
   66         Section 2. Subsection (2) of section 415.101, Florida
   67  Statutes, is amended to read:
   68         415.101 Adult Protective Services Act; legislative intent.—
   69         (2) The Legislature recognizes that there are many persons
   70  in this state who, because of age or disability, are in need of
   71  protective services. These Such services should allow such an
   72  individual the same rights as other citizens and, at the same
   73  time, protect the individual from abuse, neglect, and
   74  exploitation. It is the intent of the Legislature to provide for
   75  the detection and correction of abuse, neglect, and exploitation
   76  through social services and criminal investigations and to
   77  establish a program staffed by persons who hold a professional
   78  certification from a third-party credentialing entity approved
   79  by the Department of Children and Families to provide of
   80  protective services for all vulnerable adults in need of them.
   81  It is intended that the mandatory reporting of such cases will
   82  cause the protective services of the state to be brought to bear
   83  in an effort to prevent further abuse, neglect, and exploitation
   84  of vulnerable adults. In taking this action, the Legislature
   85  intends to place the fewest possible restrictions on personal
   86  liberty and the exercise of constitutional rights, consistent
   87  with due process and protection from abuse, neglect, and
   88  exploitation. Further, the Legislature intends to encourage the
   89  constructive involvement of families in the care and protection
   90  of vulnerable adults.
   91         Section 3. This act shall take effect upon becoming a law.