HB 279

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

CODING: Words stricken are deletions; words underlined are additions.