Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

1999 Florida Statutes

SECTION 40
Child welfare training academies established; Child Welfare Standards and Training Council created; responsibilities of council; Child Welfare Training Trust Fund created.

402.40  Child welfare training academies established; Child Welfare Standards and Training Council created; responsibilities of council; Child Welfare Training Trust Fund created.--

(1)  LEGISLATIVE INTENT.--In order to enable the state to provide a systematic approach to staff development and training for dependency program staff that will meet the needs of such staff in their discharge of duties, it is the intent of the Legislature that the Department of Children and Family Services establish, maintain, and oversee the operation of child welfare training academies in the state. The Legislature further intends that the staff development and training programs that are established will aid in the reduction of poor staff morale and of staff turnover, will positively impact on the quality of decisions made regarding children and families who require assistance from dependency programs, and will afford better quality care of children who must be removed from their families.

(2)  DEFINITIONS.--As used in this section, the term:

(a)  "Dependency program" means any intake, preprotective services, protective services, foster care, shelter and group care, and adoption and related services program, whether operated by or contracted by the department, providing intake, counseling, supervision, or custody and care of children who are alleged to be or who have been found to be dependent pursuant to chapter 39 or who have been identified as being at risk of becoming dependent.

(b)  "Dependency program staff" means supervisory and direct care staff of a dependency program as well as support staff who have direct contact with children in a dependency program.

(3)  CHILD WELFARE STANDARDS AND TRAINING COUNCIL.--

(a)  There is created within the Department of Children and Family Services the Child Welfare Training Council, hereinafter referred to as the council. The 21-member council shall consist of the Commissioner of Education or his or her designee; a member of the judiciary who has experience in the area of dependency and has served at least 3 years in the Juvenile Division of the circuit court, to be appointed by the Chief Justice of the Supreme Court; and 19 members to be appointed by the Secretary of Children and Family Services as follows:

1.  Nine members shall be dependency program staff:

a.  An intake supervisor or counselor, a protective services supervisor or counselor, a foster care supervisor or counselor, and an adoption and related services supervisor or counselor. Each such member shall have at least 5 years' experience working with children and families, at least two members shall each have a master's degree in social work, and any member not having a master's degree in social work shall have at least a bachelor's degree in social work, child development, behavioral psychology, or any other discipline directly related to providing care or counseling for families.

b.  A representative from a licensed, residential child-caring agency contracted with by the state; a representative from a runaway shelter or similar program primarily serving adolescents, which shelter or program must be contracted with by the state; and a representative from a licensed child-placing agency contracted with by the state. At least two of these members shall each have a master's degree in social work, and any member not having a master's degree in social work shall have a degree as cited in sub-subparagraph a. All three members shall have at least 5 years' experience working with children and families.

c.  A family foster home parent and an emergency shelter home parent, both of whom shall have been providing such care for at least 5 years and shall have participated in training for foster parents or shelter parents on an ongoing basis.

2.  One member shall be a supervisor or counselor from the WAGES Program.

3.  Two members shall be educators from the state's university and community college programs of social work, child development, psychology, sociology, or other field of study pertinent to the training of dependency program staff.

4.  One member shall be a pediatrician with expertise in the area of child abuse and neglect.

5.  One member shall be a psychiatrist or licensed clinical psychologist with extensive experience in counseling children and families.

6.  One member shall be an attorney with extensive experience in the practice of family law.

7.  One member shall be a guardian ad litem or a child welfare attorney, either of whom shall have extensive experience in the representation of children.

8.  One member shall be a state attorney with experience and expertise in the area of dependency and family law.

9.  One member shall be a representative from a local law enforcement unit specializing in child abuse and neglect.

10.  One member shall be a lay citizen who is a member of a child advocacy organization.

The initial members of the council shall be appointed within 30 days of the effective date of this section. Of the initial appointments, the member appointed by the Chief Justice of the Supreme Court, three members appointed pursuant to subparagraph 1., one member appointed pursuant to subparagraph 3., and the members specified in subparagraphs 4. and 5. shall be appointed to terms of 3 years each; three members appointed pursuant to subparagraph 1., one of the members appointed pursuant to subparagraph 3., and the members specified in subparagraphs 2., 6., and 7. shall be appointed for terms of 2 years each; and three members appointed pursuant to subparagraph 1., and the members specified in subparagraphs 8., 9., and 10. shall be appointed to terms of 1 year each. Thereafter, all appointed members shall serve terms of 3 years each. No person shall serve more than two consecutive terms.

(b)  The functions of the council shall be to:

1.  Advise the department on the overall comprehensive system for both preservice and inservice child welfare competency-based training and the components of such training; curriculum to be used in the training of dependency programs staff; targeting of areas of training and prioritization of dependency program staff to be trained; methods of delivery of the training; timeframes for participation in and completion of training by dependency program staff; location of training academies; types and frequencies of evaluations of the training academies; the budget for the child welfare training academies; and the contractor or contractors to be selected to organize and operate the training academies and to provide the training curriculum.

2.  Advise the department on staffing for the council, including the securing of national consultants with expertise in the development of child welfare competency-based training and the securing of Florida professionals to assist in the development of the comprehensive system for training.

3.  Review, evaluate, and advise the department concerning revisions, if needed, in both rules and law affecting standards and training for dependency programs.

4.  Recommend improvements, if needed, in the administration of dependency programs as it relates to standards and training for dependency program staff, including, but not limited to, the qualifications, recruitment, and retention of such staff.

5.  Report annually to the Secretary of Children and Family Services, the President of the Senate, and the Speaker of the House of Representatives.

(c)  The Secretary of Children and Family Services shall respond to the recommendations of the council in writing. The response shall be forwarded to the council, the President of the Senate, and the Speaker of the House of Representatives.

(d)  The department shall provide the council with staff necessary to assist in the performance of its duties.

(e)  Members of the council shall receive no compensation, but shall be reimbursed for expenses as provided for in s. 112.061.

(4)  CHILD WELFARE TRAINING PROGRAM.--The department shall establish a program for training pursuant to the provisions of this section, and all dependency program staff shall be required to participate in and successfully complete the program of training pertinent to their areas of responsibility.

(5)  CHILD WELFARE TRAINING TRUST FUND.--

(a)  There is created within the State Treasury a Child Welfare Training Trust Fund to be used by the Department of Children and Family Services for the purpose of funding a comprehensive system of child welfare training, including the securing of consultants to develop the system, the staff of the council, the expenses of the council members, the child welfare training academies and the participation of dependency program staff in the training.

(b)  One dollar from every noncriminal traffic infraction collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be deposited into the Child Welfare Training Trust Fund.

(c)  In addition to the funds generated by paragraph (b), the trust fund shall receive funds generated from an additional fee on birth certificates and dissolution of marriage filings, as specified in ss. 382.0255 and 28.101, respectively, and may receive funds from any other public or private source.

(d)  Funds that are not expended by the end of the budget cycle or through a supplemental budget approved by the department shall revert to the trust fund.

(6)  TIMEFRAME FOR ESTABLISHMENT OF TRAINING ACADEMIES.--By June 30, 1987, the department shall have established and have operational at least one training academy, which shall be located in subdistrict IIB. The department shall contract for the operation of the academy with Tallahassee Community College. The number, location, and timeframe for establishment of additional training academies shall be according to the recommendation of the council as approved by the Secretary of Children and Family Services.

(7)  ADOPTION OF RULES.--The Department of Children and Family Services shall adopt rules necessary to carry out the provisions of this section.

History.--ss. 105, 106, ch. 86-220; s. 4, ch. 87-108; s. 68, ch. 91-221; s. 5, ch. 91-429; s. 79, ch. 95-143; s. 815, ch. 95-148; s. 83, ch. 96-175; s. 111, ch. 97-237; s. 150, ch. 99-8.