CS/HB 279

1	A bill to be entitled
2	An act relating to the training and certification of child
3	welfare personnel; amending s. 402.40, F.S.; revising
4	legislative intent; defining the terms "child welfare
5	certification," "core competency," "preservice
6	curriculum," and "third-party credentialing entity";
7	providing required criteria for the approval of
8	credentialing entities that develop and administer
9	certification programs for persons who provide child
10	welfare services; revising the use of the Child Welfare
11	Training Trust Fund within the Department of Children and
12	Family Services; revising provisions relating to
13	preservice curricula; requiring persons who provide child
14	welfare services to be certified by a third-party
15	credentialing entity; allowing entities to add to or
16	augment preservice curriculum; allowing entities to
17	contract for training; requiring persons to master core
18	competencies; providing for recognition for currently
19	certified persons; deleting requirements relating to
20	certification and trainer qualifications; deleting
21	provisions relating to training academies; amending s.
22	402.731, F.S.; authorizing approval of third-party
23	credentialing entities; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Section 402.40, Florida Statutes, is amended to
28	read:
29	402.40  Child welfare training and certification.-
30	(1)  LEGISLATIVE INTENT.-In order to enable the state to
31	provide a systematic approach to staff development and training
32	for persons providing child welfare services that will meet the
33	needs of such staff in their discharge of duties, it is the
34	intent of the Legislature that the Department of Children and
35	Family Services work in collaboration with the child welfare
36	stakeholder community, including department-approved third-party
37	credentialing entities, to ensure that staff have the knowledge,
38	skills, and abilities necessary to competently provide child
39	welfare services establish, maintain, and oversee the operation
40	of child welfare training academies in the state. It is the
41	intent of the Legislature that each person providing child
42	welfare services in this state earns and maintains a
43	professional certification from a professional credentialing
44	entity that is approved by the Department of Children and Family
45	Services. The Legislature further intends that certification the
46	staff development and training programs that are established
47	will aid in the reduction of poor staff morale and of staff
48	turnover, will positively impact on the quality of decisions
49	made regarding children and families who require assistance from
50	programs providing child welfare services, and will afford
51	better quality care of children who must be removed from their
52	families.
53	(2)  DEFINITIONS.-As used in this section, the term:
54	(a)  "Child welfare certification" means a professional
55	credential awarded by a department-approved third-party
56	credentialing entity to individuals demonstrating core
57	competency in any child welfare practice area.
58	(b)(a)  "Child welfare services" means any intake,
59	protective investigations, preprotective services, protective
60	services, foster care, shelter and group care, and adoption and
61	related services program, including supportive services and,
62	supervision, and legal services, provided to children who are
63	alleged to have been abused, abandoned, or neglected, or who are
64	at risk of becoming, are alleged to be, or have been found
65	dependent pursuant to chapter 39.
66	(c)  "Core competency" means the minimum knowledge, skills,
67	and abilities necessary to carry out work responsibilities.
68	(d)(b)  "Person providing child welfare services" means a
69	person who has a responsibility for supervisory, legal, direct
70	care, or support-related support related work in the provision
71	of child welfare services pursuant to chapter 39.
72	(e)  "Preservice curriculum" means the minimum statewide
73	training content based upon the core competencies which is made
74	available to all persons providing child welfare services.
75	(f)  "Third-party credentialing entity" means a department-
76	approved nonprofit organization that has met nationally
77	recognized standards for developing and administering
78	professional certification programs.
79	(3)  THIRD-PARTY CREDENTIALING ENTITIES CHILD WELFARE
80	TRAINING PROGRAM.-The department shall approve one or more
81	third-party credentialing entities for the purpose of developing
82	and administering child welfare certification programs for
83	persons who provide child welfare services. A third-party
84	credentialing entity shall request such approval in writing from
85	the department. In order to obtain approval, the third-party
86	credentialing entity must:
87	(a)  Establish professional requirements and standards that
88	applicants must achieve in order to obtain a child welfare
89	certification and to maintain such certification.
90	(b)  Develop and apply core competencies and examination
91	instruments according to nationally recognized certification and
92	psychometric standards.
93	(c)  Maintain a professional code of ethics and a
94	disciplinary process that apply to all persons holding child
95	welfare certification.
96	(d)  Maintain a database, accessible to the public, of all
97	persons holding child welfare certification, including any
98	history of ethical violations.
99	(e)  Require annual continuing education for persons
100	holding child welfare certification.
101	(f)  Administer a continuing education provider program to
102	ensure that only qualified providers offer continuing education
103	opportunities for certificateholders establish a program for
104	training pursuant to the provisions of this section, and all
105	persons providing child welfare services shall be required to
106	participate in and successfully complete the program of training
107	pertinent to their areas of responsibility.
108	(4)  CHILD WELFARE TRAINING TRUST FUND.-
109	(a)  There is created within the State Treasury a Child
110	Welfare Training Trust Fund to be used by the Department of
111	Children and Family Services for the purpose of funding the
112	professional development a comprehensive system of child welfare
113	training, including the securing of consultants to develop the
114	system and the developing of child welfare training academies
115	that include the participation of persons providing child
116	welfare services.
117	(b)  One dollar from every noncriminal traffic infraction
118	collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
119	deposited into the Child Welfare Training Trust Fund.
120	(c)  In addition to the funds generated by paragraph (b),
121	the trust fund shall receive funds generated from an additional
122	fee on birth certificates and dissolution of marriage filings,
123	as specified in ss. 382.0255 and 28.101, respectively, and may
124	receive funds from any other public or private source.
125	(d)  Funds that are not expended by the end of the budget
126	cycle or through a supplemental budget approved by the
127	department shall revert to the trust fund.
128	(5)  CORE COMPETENCIES.-
129	(a)  The Department of Children and Family Services shall
130	approve establish the core competencies and related preservice
131	curricula for a single integrated curriculum that ensures that
132	each person delivering child welfare services obtains the
133	knowledge, skills, and abilities to competently carry out his or
134	her work responsibilities. This curriculum may be a compilation
135	of different development efforts based on specific subsets of
136	core competencies that are integrated for a comprehensive
137	curriculum required in the provision of child welfare services
138	in this state.
139	(b)  The identification of these core competencies and
140	development of preservice curricula shall be a collaborative
141	effort that includes to include professionals who have with
142	expertise in child welfare services, department-approved third-
143	party credentialing entities, and providers that will be
144	affected by the curriculum, including to include, but not be
145	limited to, representatives from the community-based care lead
146	agencies, sheriffs' offices conducting child protection
147	investigations, and child welfare legal services providers.
148	(c)  Community-based care agencies, sheriffs' offices, and
149	the department may contract for the delivery of preservice and
150	any additional training for persons delivering child welfare
151	services if the curriculum satisfies the department-approved
152	core competencies. Notwithstanding s. 287.057(3) and (21), the
153	department shall competitively solicit and contract for the
154	development, validation, and periodic evaluation of the training
155	curricula for the established single integrated curriculum. No
156	more than one training curriculum may be developed for each
157	specific subset of the core competencies.
158	(d)  Department-approved credentialing entities shall, for
159	a period of at least 12 months after implementation of the
160	third-party child welfare certification programs, grant
161	reciprocity and award a child welfare certification to
162	individuals who hold current department-issued child welfare
163	certification in good standing, at no cost to the department or
164	the certificateholder.
165	(6)  ADVANCED TRAINING.-The Department of Children and
166	Family Services shall annually examine the advanced training
167	that is needed by persons who deliver child welfare services in
168	the state. This examination shall address whether the current
169	advanced training provided should be continued and shall include
170	the development of plans for incorporating any revisions to the
171	advanced training determined necessary. This examination shall
172	be conducted in collaboration with professionals with expertise
173	in child welfare services and providers that will be affected by
174	the curriculum, to include, but not be limited to,
175	representatives from the community-based care lead agencies,
176	sheriffs' offices conducting child protection investigations,
177	and child welfare legal services providers.
178	(7)  CERTIFICATION AND TRAINER QUALIFICATIONS.-The
179	department shall, in collaboration with the professionals and
180	providers described in subsection (5), develop minimum standards
181	for a certification process that ensures that participants have
182	successfully attained the knowledge, skills, and abilities
183	necessary to competently carry out their work responsibilities
184	and shall develop minimum standards for trainer qualifications
185	which must be required of training academies in the offering of
186	the training curricula. Any person providing child welfare
187	services shall be required to master the components of the
188	curriculum that are particular to that person's work
189	responsibilities.
190	(8)  ESTABLISHMENT OF TRAINING ACADEMIES.-The department
191	shall establish child welfare training academies as part of a
192	comprehensive system of child welfare training. In establishing
193	a program of training, the department may contract for the
194	operation of one or more training academies to perform one or
195	more of the following: to offer one or more of the training
196	curricula developed under subsection (5); to administer the
197	certification process; to develop, validate, and periodically
198	evaluate additional training curricula determined to be
199	necessary, including advanced training that is specific to a
200	region or contractor, or that meets a particular training need;
201	or to offer the additional training curricula. The number,
202	location, and timeframe for establishment of training academies
203	shall be approved by the Secretary of Children and Family
204	Services who shall ensure that the goals for the core
205	competencies and the single integrated curriculum, the
206	certification process, the trainer qualifications, and the
207	additional training needs are addressed. Notwithstanding s.
208	287.057(3) and (21), the department shall competitively solicit
209	all training academy contracts.
210	(6)(9)  ADOPTION OF RULES.-The Department of Children and
211	Family Services shall adopt rules necessary to carry out the
212	provisions of this section.
213	Section 2.  Subsection (1) of section 402.731, Florida
214	Statutes, is amended to read:
215	402.731  Department of Children and Family Services
216	certification programs for employees and service providers;
217	employment provisions for transition to community-based care.-
218	(1)  The Department of Children and Family Services is
219	authorized to approve third-party credentialing entities, as
220	defined in s. 402.40, create certification programs for its
221	employees and service providers to ensure that only qualified
222	employees and service providers provide client services. The
223	department is authorized to develop rules that include
224	qualifications for certification, including training and testing
225	requirements, continuing education requirements for ongoing
226	certification, and decertification procedures to be used to
227	determine when an individual no longer meets the qualifications
228	for certification and to implement the decertification of an
229	employee or agent.
230	Section 3.  This act shall take effect October 1, 2011.

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