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 mustshallrequest 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. TheseSuchservices 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 provideof80 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.