Florida Senate - 2022 SB 272
By Senator Harrell
25-00293A-22 2022272__
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. 39.101, F.S.; requiring the Department of
5 Children and Families to approve third-party
6 credentialing entities to certify counselors and
7 supervisors who serve the central abuse hotline by a
8 specified date; requiring the department to approve
9 entities who meet certain requirements; defining the
10 term “third-party credentialing entity”; requiring
11 certain personnel to be certified by a specified date;
12 requiring newly hired hotline counselors and
13 supervisors to obtain certification within a specified
14 timeframe; providing a review and appeal process for
15 certifications that are denied, revoked, or suspended
16 or sanctions that are imposed by a third-party
17 credentialing entity; amending s. 402.40, F.S.;
18 providing a review and appeal process for child
19 welfare administration certifications that are denied,
20 revoked, or suspended or sanctions that are imposed by
21 a third-party credentialing entity; amending s.
22 415.101, F.S.; revising legislative intent regarding
23 the certification of individuals who provide adult
24 protective services; amending s. 415.1105, F.S.;
25 requiring the department to approve third-party
26 credentialing entities to certify certain individuals
27 who provide adult protective services and their
28 supervisors; defining the term “third-party
29 credentialing entity”; requiring certain personnel to
30 be certified by a specified date; requiring newly
31 hired individuals to obtain certification within a
32 specified timeframe; providing a review and appeal
33 process for certifications that are denied, revoked,
34 or suspended or sanctions that are imposed by a third
35 party credentialing entity; making technical changes;
36 providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsection (6) is added to section 39.101,
41 Florida Statutes, to read:
42 39.101 Central abuse hotline.—The central abuse hotline is
43 the first step in the safety assessment and investigation
44 process.
45 (6) THIRD-PARTY CREDENTIALING ENTITIES.—The department
46 shall approve one or more third-party credentialing entities by
47 July 1, 2022, for the purpose of developing and administering a
48 certification program for hotline counselors responding to
49 reports of abuse, abandonment, or neglect and their supervisors
50 pursuant to this section and s. 415.103. The department must
51 approve any credentialing entity that it endorses pursuant to s.
52 402.40(3) if the credentialing entity also meets the
53 requirements of this section. As used in this subsection, the
54 term “third-party credentialing entity” has the same meaning as
55 in s. 402.40.
56 (a) By July 1, 2022, all hotline counselors and supervisors
57 shall hold a valid certification from a third-party
58 credentialing entity. A counselor or supervisor hired after July
59 1, 2022, shall obtain a valid certification within 6 months
60 after being hired to that position.
61 (b) Any decision by a third-party credentialing entity to
62 deny, revoke, or suspend a certification, or otherwise impose
63 sanctions on an individual who is certified, is reviewable by
64 the department. Upon receiving an adverse determination, the
65 person aggrieved may request an administrative hearing pursuant
66 to ss. 120.569 and 120.57(1) within 30 days after completing any
67 appeals process offered by the credentialing entity or the
68 department, as applicable.
69 Section 2. Subsection (3) of section 402.40, Florida
70 Statutes, is amended to read:
71 402.40 Child welfare training and certification.—
72 (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
73 shall approve one or more third-party credentialing entities for
74 the purpose of developing and administering child welfare
75 certification programs for persons who provide child welfare
76 services. A third-party credentialing entity must shall request
77 such approval in writing from the department. In order to obtain
78 approval, the third-party credentialing entity must:
79 (a) Establish professional requirements and standards that
80 applicants must achieve in order to obtain a child welfare
81 certification and to maintain such certification.
82 (b) Develop and apply core competencies and examination
83 instruments according to nationally recognized certification and
84 psychometric standards.
85 (c) Maintain a professional code of ethics and a
86 disciplinary process that apply to all persons holding child
87 welfare certification.
88 (d) Maintain a database, accessible to the public, of all
89 persons holding child welfare certification, including any
90 history of ethical violations.
91 (e) Require annual continuing education for persons holding
92 child welfare certification.
93 (f) Administer a continuing education provider program to
94 ensure that only qualified providers offer continuing education
95 opportunities for certificateholders.
96 (g) Review the findings and all relevant records involving
97 the death of a child or other critical incident following
98 completion of any reviews by the department, the inspector
99 general, or the Office of the Attorney General. Such review may
100 occur only upon the filing of a complaint from an outside party
101 involving certified personnel. This review shall assess the
102 certified personnel’s compliance with the third-party
103 credentialing entity’s published code of ethical and
104 professional conduct and disciplinary procedures.
105 (h) Maintain an advisory committee, including
106 representatives from each region of the department, each
107 sheriff’s office providing child protective services, and each
108 community-based care lead agency, who shall be appointed by the
109 organization they represent. The third-party credentialing
110 entity may appoint additional members to the advisory committee.
111
112 Any decision by a third-party credentialing entity to deny,
113 revoke, or suspend a certification, or otherwise impose
114 sanctions on an individual who is certified, is reviewable by
115 the department. Upon receiving an adverse determination, the
116 person aggrieved may request an administrative hearing pursuant
117 to ss. 120.569 and 120.57(1) within 30 days after completing any
118 appeals process offered by the credentialing entity or the
119 department, as applicable.
120 Section 3. Subsection (2) of section 415.101, Florida
121 Statutes, is amended to read:
122 415.101 Adult Protective Services Act; legislative intent.—
123 (2) The Legislature recognizes that there are many persons
124 in this state who, because of age or disability, are in need of
125 protective services. These Such services should allow such an
126 individual the same rights as other citizens and, at the same
127 time, protect the individual from abuse, neglect, and
128 exploitation. It is the intent of the Legislature to provide for
129 the detection and correction of abuse, neglect, and exploitation
130 through social services and criminal investigations and to
131 establish a program staffed by persons who hold a professional
132 certification from a third-party credentialing entity approved
133 by the Department of Children and Families to provide of
134 protective services for all vulnerable adults in need of them.
135 It is intended that the mandatory reporting of such cases will
136 cause the protective services of the state to be brought to bear
137 in an effort to prevent further abuse, neglect, and exploitation
138 of vulnerable adults. In taking this action, the Legislature
139 intends to place the fewest possible restrictions on personal
140 liberty and the exercise of constitutional rights, consistent
141 with due process and protection from abuse, neglect, and
142 exploitation. Further, the Legislature intends to encourage the
143 constructive involvement of families in the care and protection
144 of vulnerable adults.
145 Section 4. Section 415.1105, Florida Statutes, is amended
146 to read:
147 415.1105 Third-party credentialing entities; certification;
148 training programs.—The department shall:
149 (1) Approve one or more third-party credentialing entities
150 for the purpose of developing and administering adult protective
151 services certification programs for persons who provide adult
152 protective services under this chapter and their supervisors. As
153 used in this subsection, the term “third-party credentialing
154 entity” has the same meaning as in s. 402.40.
155 (a) By July 1, 2022, any person who provides adult
156 protective services under this chapter or supervises such
157 persons shall hold a valid certification from a third-party
158 credentialing entity. Any person who is hired after July 1,
159 2022, to such a position shall obtain a valid certification
160 within 6 months after being hired to that position.
161 (b) Any decision by a third-party credentialing entity to
162 deny, revoke, or suspend a certification, or otherwise impose
163 sanctions on an individual who is certified, is reviewable by
164 the department. Upon receiving an adverse determination, the
165 person aggrieved may request an administrative hearing pursuant
166 to ss. 120.569 and 120.57(1) within 30 days after completing any
167 appeals process offered by the credentialing entity or the
168 department, as applicable.
169 (2) The department shall, Within available resources,
170 provide appropriate preservice and inservice training for adult
171 protective investigation staff.
172 (3)(2) Within available resources, the department shall
173 cooperate with other appropriate agencies in developing and
174 providing preservice and inservice training programs for those
175 persons specified in s. 415.1034(1)(a).
176 Section 5. This act shall take effect upon becoming a law.