Bill Text: FL S0122 | 2020 | Regular Session | Comm Sub
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-05 - Laid on Table, refer to CS/HB 43 [S0122 Detail]
Download: Florida-2020-S0122-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 122 By the Committees on Appropriations; and Children, Families, and Elder Affairs; and Senators Rouson, Berman, Hooper, Book, and Rader 576-04303-20 2020122c2 1 A bill to be entitled 2 An act relating to child welfare; providing a short 3 title; amending s. 39.202, F.S.; expanding the list of 4 entities with access to certain records that relate to 5 child abandonment, abuse, or neglect held by the 6 Department of Children and Families; amending s. 7 39.303, F.S.; requiring Child Protection Teams to be 8 capable of providing certain training relating to head 9 trauma and brain injuries in children younger than a 10 specified age; amending s. 39.401, F.S.; authorizing 11 the parent or legal guardian of a child to request a 12 second medical evaluation of a child under certain 13 circumstances; requiring the court to consider such 14 evaluation when determining whether to remove the 15 child from the home; amending s. 39.820, F.S.; 16 revising the definition of the terms “guardian ad 17 litem” and “guardian advocate”; amending s. 39.8296, 18 F.S.; requiring that the guardian ad litem training 19 program include training on the recognition of and 20 responses to head trauma and brain injury in specified 21 children; amending s. 402.40, F.S.; revising 22 legislative intent and providing legislative findings; 23 requiring the department to develop and implement a 24 specified child welfare workforce development 25 framework in collaboration with other specified 26 entities; providing requirements for the department 27 relating to workforce education requirements; 28 requiring the department to submit an annual report to 29 the Governor and the Legislature by a specified date; 30 requiring community-based care lead agencies to submit 31 a plan and timeline to the department relating to 32 certain child welfare staff by a specified date; 33 providing requirements for the department related to 34 workforce training; providing additional duties for 35 third-party credentialing entities; requiring certain 36 attorneys employed by the department to complete 37 certain training by a specified date; deleting 38 definitions; deleting provisions relating to core 39 competencies and specializations; amending s. 409.988, 40 F.S.; requiring a lead agency to ensure that certain 41 individuals receive specified training relating to 42 head trauma and brain injuries in children younger 43 than a specified age; revising the types of services a 44 lead agency is required to provide; creating s. 45 943.17298, F.S.; requiring law enforcement officers to 46 complete training relating to head trauma and brain 47 injuries in children younger than a specified age as 48 part of either basic recruit training or continuing 49 training or education by a specified date; amending s. 50 1004.615, F.S.; revising the purpose of the Florida 51 Institute for Child Welfare; revising requirements for 52 the institute; revising the contents of the annual 53 report that the institute must provide to the Governor 54 and the Legislature; deleting obsolete provisions; 55 repealing s. 402.402, F.S., relating to child 56 protection and child welfare personnel and attorneys 57 employed by the department; amending s. 409.996, F.S.; 58 authorizing the department, in collaboration with 59 certain lead agencies, to create and implement a 60 program to more effectively provide case management 61 services to specified children; providing criteria for 62 selecting judicial circuits for implementation of the 63 program; specifying requirements of the program; 64 requiring the department to submit a report to the 65 Governor and the Legislature by a specified date under 66 specified conditions; amending s. 1009.25, F.S.; 67 conforming provisions to changes made by the act; 68 providing an effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. This act may be cited as “Jordan’s Law.” 73 Section 2. Paragraph (a) of subsection (2) of section 74 39.202, Florida Statutes, is amended to read: 75 39.202 Confidentiality of reports and records in cases of 76 child abuse or neglect.— 77 (2) Except as provided in subsection (4), access to such 78 records, excluding the name of, or other identifying information 79 with respect to, the reporter which shall be released only as 80 provided in subsection (5), shall be granted only to the 81 following persons, officials, and agencies: 82 (a) Employees, authorized agents, or contract providers of 83 the department, the Department of Health, the Agency for Persons 84 with Disabilities, the Office of Early Learning, or county 85 agencies responsible for carrying out: 86 1. Child or adult protective investigations; 87 2. Ongoing child or adult protective services; 88 3. Early intervention and prevention services; 89 4. Healthy Start services; 90 5. Licensure or approval of adoptive homes, foster homes, 91 child care facilities, facilities licensed under chapter 393, 92 family day care homes, providers who receive school readiness 93 funding under part VI of chapter 1002, or other homes used to 94 provide for the care and welfare of children; 95 6. Employment screening for caregivers in residential group 96 homes;or97 7. Services for victims of domestic violence when provided 98 by certified domestic violence centers working at the 99 department’s request as case consultants or with shared clients; 100 or 101 8. Credentialing of child welfare services staff pursuant 102 to s. 402.40. 103 104 Also, employees or agents of the Department of Juvenile Justice 105 responsible for the provision of services to children, pursuant 106 to chapters 984 and 985. 107 Section 3. Paragraph (h) of subsection (3) of section 108 39.303, Florida Statutes, is amended to read: 109 39.303 Child Protection Teams and sexual abuse treatment 110 programs; services; eligible cases.— 111 (3) The Department of Health shall use and convene the 112 Child Protection Teams to supplement the assessment and 113 protective supervision activities of the family safety and 114 preservation program of the Department of Children and Families. 115 This section does not remove or reduce the duty and 116 responsibility of any person to report pursuant to this chapter 117 all suspected or actual cases of child abuse, abandonment, or 118 neglect or sexual abuse of a child. The role of the Child 119 Protection Teams is to support activities of the program and to 120 provide services deemed by the Child Protection Teams to be 121 necessary and appropriate to abused, abandoned, and neglected 122 children upon referral. The specialized diagnostic assessment, 123 evaluation, coordination, consultation, and other supportive 124 services that a Child Protection Team must be capable of 125 providing include, but are not limited to, the following: 126 (h) Such training services for program and other employees 127 of the Department of Children and Families, employees of the 128 Department of Health, and other medical professionals as is 129 deemed appropriate to enable them to develop and maintain their 130 professional skills and abilities in handling child abuse, 131 abandonment, and neglect cases. The training services must 132 include training in the recognition of and appropriate responses 133 to head trauma and brain injury in a child under 6 years of age 134 as required under ss. 402.40 and 943.17298. 135 136 A Child Protection Team that is evaluating a report of medical 137 neglect and assessing the health care needs of a medically 138 complex child shall consult with a physician who has experience 139 in treating children with the same condition. 140 Section 4. Subsection (3) of section 39.401, Florida 141 Statutes, is amended to read: 142 39.401 Taking a child alleged to be dependent into custody; 143 law enforcement officers and authorized agents of the 144 department.— 145 (3) If the child is taken into custody by, or is delivered 146 to, an authorized agent of the department, the agent shall 147 review the facts supporting the removal with an attorney 148 representing the department. The purpose of the review is to 149 determine whether there is probable cause for the filing of a 150 shelter petition. 151 (a) If the facts are not sufficient, the child shall 152 immediately be returned to the custody of the parent or legal 153 custodian. 154 (b) If the facts are sufficient and the child has not been 155 returned to the custody of the parent or legal custodian, the 156 department shall file the petition and schedule a hearing, and 157 the attorney representing the department shall request that a 158 shelter hearing be held within 24 hours after the removal of the 159 child. While awaiting the shelter hearing, the authorized agent 160 of the department may place the child in licensed shelter care 161 or may release the child to a parent or legal custodian or 162 responsible adult relative or the adoptive parent of the child’s 163 sibling who shall be given priority consideration over a 164 licensed placement, or a responsible adult approved by the 165 department if this is in the best interests of the child. 166 Placement of a child which is not in a licensed shelter must be 167 preceded by a criminal history records check as required under 168 s. 39.0138. In addition, the department may authorize placement 169 of a housekeeper/homemaker in the home of a child alleged to be 170 dependent until the parent or legal custodian assumes care of 171 the child. 172 (c) If the decision to remove a child from the home is 173 predicated upon a medical evaluation performed by a Child 174 Protection Team pursuant to s. 39.303, the parent or legal 175 guardian of the child may request that a second, independent 176 evaluation be performed by a physician who has met the relevant 177 qualifications of s. 39.303(2)(b) in order to determine whether 178 the child has been the victim of abuse or neglect. The court 179 must consider this evaluation when determining whether to remove 180 a child from the home. 181 Section 5. Section 39.820, Florida Statutes, is amended to 182 read: 183 39.820 Definitions.—As used in this chapterpart, the term: 184 (1) “Guardian ad litem” as referred to in any civil or 185 criminal proceeding includes the following: the Statewide 186 Guardian Ad Litem Office, which includes circuita certified187 guardian ad litem programs;program,a duly certified volunteer, 188 a staff member, a staff attorney, a contract attorney, or a 189certifiedpro bono attorney working on behalf of a guardian ad 190 litemor the program; staff members of a program office; a 191 court-appointed attorney; or a responsible adult who is 192 appointed by the court to represent the best interests of a 193 child in a proceeding as provided for by law, including, but not 194 limited to, this chapter, who is a party to any judicial 195 proceeding as a representative of the child, and who serves 196 until discharged by the court. 197 (2) “Guardian advocate” means a person appointed by the 198 court to act on behalf of a drug dependent newborn under 199pursuant to the provisions ofthis part. 200 Section 6. Paragraph (b) of subsection (2) of section 201 39.8296, Florida Statutes, is amended to read: 202 39.8296 Statewide Guardian Ad Litem Office; legislative 203 findings and intent; creation; appointment of executive 204 director; duties of office.— 205 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a 206 Statewide Guardian Ad Litem Office within the Justice 207 Administrative Commission. The Justice Administrative Commission 208 shall provide administrative support and service to the office 209 to the extent requested by the executive director within the 210 available resources of the commission. The Statewide Guardian Ad 211 Litem Office isshallnotbesubject to control, supervision, or 212 direction by the Justice Administrative Commission in the 213 performance of its duties, but the employees of the office are 214shall begoverned by the classification plan and salary and 215 benefits plan approved by the Justice Administrative Commission. 216 (b) The Statewide Guardian Ad Litem Office shall, within 217 available resources, have oversight responsibilities for and 218 provide technical assistance to all guardian ad litem and 219 attorney ad litem programs located within the judicial circuits. 220 1. The office shall identify the resources required to 221 implement methods of collecting, reporting, and tracking 222 reliable and consistent case data. 223 2. The office shall review the current guardian ad litem 224 programs in Florida and other states. 225 3. The office, in consultation with local guardian ad litem 226 offices, shall develop statewide performance measures and 227 standards. 228 4. The office shall develop a guardian ad litem training 229 program, which shall include, but not be limited to, training on 230 the recognition of and responses to head trauma and brain injury 231 in a child under 6 years of age. The office shall establish a 232 curriculum committee to develop the training program specified 233 in this subparagraph. The curriculum committee shall include, 234 but not be limited to, dependency judges, directors of circuit 235 guardian ad litem programs, active certified guardians ad litem, 236 a mental health professional who specializes in the treatment of 237 children, a member of a child advocacy group, a representative 238 of a domestic violence advocacy groupthe Florida Coalition239Against Domestic Violence, and a social worker experienced in 240 working with victims and perpetrators of child abuse. 241 5. The office shall review the various methods of funding 242 guardian ad litem programs, shall maximize the use of those 243 funding sources to the extent possible, and shall review the 244 kinds of services being provided by circuit guardian ad litem 245 programs. 246 6. The office shall determine the feasibility or 247 desirability of new concepts of organization, administration, 248 financing, or service delivery designed to preserve the civil 249 and constitutional rights and fulfill other needs of dependent 250 children. 251 7. In an effort to promote normalcy and establish trust 252 between a court-appointed volunteer guardian ad litem and a 253 child alleged to be abused, abandoned, or neglected under this 254 chapter, a guardian ad litem may transport a child. However, a 255 guardian ad litem volunteer may not be required or directed by 256 the program or a court to transport a child. 257 8. The office shall submit to the Governor, the President 258 of the Senate, the Speaker of the House of Representatives, and 259 the Chief Justice of the Supreme Court an interim report 260 describing the progress of the office in meeting the goals as 261 described in this section. The office shall submit to the 262 Governor, the President of the Senate, the Speaker of the House 263 of Representatives, and the Chief Justice of the Supreme Court a 264 proposed plan including alternatives for meeting the state’s 265 guardian ad litem and attorney ad litem needs. This plan may 266 include recommendations for less than the entire state, may 267 include a phase-in system, and shall include estimates of the 268 cost of each of the alternatives. Each year the office shall 269 provide a status report and provide further recommendations to 270 address the need for guardian ad litem services and related 271 issues. 272 Section 7. Section 402.40, Florida Statutes, is amended to 273 read: 274 (Substantial rewording of section. See 275 s. 402.40, F.S., for present text.) 276 402.40 Child welfare workforce; development; training; 277 certification; well-being.— 278 (1) LEGISLATIVE FINDINGS AND INTENT.— 279 (a) The Legislature finds that positive outcomes for 280 children and families involved with the child welfare system 281 often are attributable to the strong commitment of a well 282 trained, highly skilled, well-resourced, and dedicated child 283 welfare workforce and that the child welfare system is only as 284 good as the individuals who conduct investigations, provide 285 services to children and families, and manage service delivery. 286 (b) The Legislature also finds that child welfare agencies 287 experience barriers to establishing and maintaining a stable, 288 effective, and diverse workforce because of issues relating to 289 recruitment, education and training, inadequate supervision, 290 retention and staff turnover, and lack of support for frontline 291 individuals. 292 (c) The Legislature further finds that, although numerous 293 initiatives have been developed to address these challenges, 294 isolated interventions often fail to yield positive results, 295 whereas implementing an integrated framework across multiple 296 domains can help child welfare agencies achieve effective 297 outcomes. 298 (d) It is the intent of the Legislature to ensure a 299 systematic approach to child welfare workforce staff development 300 and the well-being of individuals providing child welfare 301 services by establishing a uniform statewide program. 302 (2) CHILD WELFARE WORKFORCE DEVELOPMENT FRAMEWORK.—In order 303 to promote competency-based, outcome-focused, and data-driven 304 approaches to workforce development, the department, in 305 collaboration with the Florida Institute for Child Welfare, 306 shall develop and implement a comprehensive child welfare 307 development workforce framework using a nationally recognized 308 model for workforce development. The framework must address, at 309 a minimum, all of the following components: 310 (a) Recruitment and hiring. 311 (b) Education and professional preparation. 312 (c) Professional training and development. 313 (d) Supervision. 314 (e) Retention. 315 (f) Caseload and workload. 316 (g) Workforce well-being and support. 317 (h) Work-life balance and flexible scheduling. 318 (i) Agency culture and climate. 319 (3) WORKFORCE EDUCATION REQUIREMENTS.— 320 (a) The department shall make every effort to recruit and 321 hire qualified professional staff to serve as child protective 322 investigators and child protective investigation supervisors who 323 are qualified by their education and experience to perform 324 social work functions. The department, in collaboration with the 325 lead agencies, subcontracted provider organizations, the Florida 326 Institute for Child Welfare, and other partners in the child 327 welfare system, shall develop a protocol for screening 328 candidates for child protective positions which reflects the 329 preferences specified in subparagraphs 1., 2., and 3. The 330 following persons must be given preference in recruitment, but 331 this preference serves only as guidance and does not limit the 332 department’s discretion to select the best available candidates: 333 1. Individuals with a baccalaureate degree in social work, 334 and child protective investigation supervisors with a master’s 335 degree in social work, from a college or university social work 336 program accredited by the Council on Social Work Education. 337 2. Individuals with a bachelor’s degree or a master’s 338 degree in psychology, sociology, counseling, special education, 339 education, human development, child development, family 340 development, marriage and family therapy, or nursing. 341 3. Individuals with baccalaureate degrees who have a 342 combination of directly relevant work and volunteer experience, 343 preferably in a public service field related to children’s 344 services, which demonstrates critical thinking skills, formal 345 assessment processes, communication skills, problem solving, and 346 empathy; a commitment to helping children and families; a 347 capacity to work as part of a team; an interest in continuous 348 development of skills and knowledge; and sufficient personal 349 strength and resilience to manage competing demands and handle 350 workplace stresses. 351 (b) By each October 1, the department shall submit a report 352 on the educational qualifications, turnover, and working 353 conditions of child protective investigators and supervisors to 354 the Governor, the President of the Senate, and the Speaker of 355 the House of Representatives. 356 (c) By January 1, 2021, the community-based care lead 357 agencies shall submit to the department a plan and timeline for 358 recruiting and hiring child welfare staff providing care for 359 dependent children which meet the same educational requirements 360 as required for child protective investigators and child 361 protective investigation supervisors under this subsection. The 362 plan and timeline must include the same recruiting and hiring 363 requirements for child welfare staff employed by subcontractors. 364 (4) WORKFORCE TRAINING.— 365 (a) In order to enable the state to recruit and retain a 366 qualified and diverse child welfare workforce that is well 367 trained, well-supervised, and well-supported, the department 368 shall establish a program for a comprehensive system to provide 369 both preservice and inservice child welfare competency-based 370 training curricula that all child welfare staff, including all 371 staff providing care for dependent children employed by a 372 community-based care lead agency or by a subcontractor of such 373 agency, are required to participate in and successfully 374 complete, appropriate to their areas of responsibility. Such 375 program must include training in the recognition of and 376 appropriate responses to head trauma and brain injury in a child 377 under 6 years of age, which must be developed by the Child 378 Protection Team Program within the Department of Health. 379 (b) A community-based care lead agency may develop 380 additional training for persons delivering child welfare 381 services in the agency’s service area if the curriculum does not 382 conflict with training required in paragraph (a). 383 (5) WORKFORCE CERTIFICATION.—The department shall approve 384 one or more third-party credentialing entities for the purpose 385 of developing and administering child welfare certification 386 programs for persons who provide child welfare services. A 387 third-party credentialing entity shall request such approval in 388 writing from the department. In order to obtain approval, the 389 third-party credentialing entity must: 390 (a) Establish professional requirements and standards that 391 applicants must achieve in order to obtain a child welfare 392 certification and to maintain such certification. 393 (b) Develop and apply core competencies and examination 394 instruments according to nationally recognized certification and 395 psychometric standards. 396 (c) Maintain a professional code of ethics and a 397 disciplinary process that apply to all persons holding child 398 welfare certification. 399 (d) Maintain a database, accessible to the public, of all 400 persons holding child welfare certification, including any 401 history of ethical violations. 402 (e) Require annual continuing education for persons holding 403 child welfare certification and require certified professionals 404 to comply with the training requirements in subsection (4) as a 405 condition of renewal or initial certification. The third-party 406 credentialing entity shall track and report compliance with this 407 section to the department on an annual basis. 408 (f) Administer a continuing education provider program to 409 ensure that only qualified providers offer continuing education 410 opportunities for certificateholders. 411 (g) All certified child welfare professionals must follow 412 the requirements of the third-party credentialing entity’s code 413 of ethical and professional conduct and disciplinary procedures. 414 1. The department, community based care lead agencies, 415 sheriff offices and their contracted providers shall report all 416 allegations of suspected or known violations of ethical or 417 professional misconduct standards to the department-approved 418 third-party credentialing entity, including all allegations made 419 to the department’s Office of Inspector General on certified 420 personnel. 421 2. The department shall review all case records involving 422 the death of a child or other critical incident that is subject 423 to a critical incident rapid response team review to ensure 424 compliance with ethical and professional conduct requirements of 425 any certified child welfare professional staff. 426 3. The department shall provide any reports to the third 427 party credentialing entity that indicate that ethical or 428 professional conduct requirements were not met so that the 429 credentialing entity may determine if the individual’s 430 certification requires suspension or revocation. 431 4. If it is determined that the individual’s certification 432 requires suspension or revocation, the department or employer of 433 the certified staff must immediately remove the individual from 434 their duties that require certification as a condition of 435 employment. 436 5. Any decision by a department-approved third-party 437 credentialing entity to deny, revoke, or suspend a 438 certification, or otherwise impose sanctions on an individual 439 who is certified, is reviewable by the department. Upon 440 receiving an adverse determination, the person aggrieved may 441 request an administrative hearing pursuant to ss. 120.569 and 442 120.57(1) within 30 days after completing any appeals process 443 offered by the credentialing entity or the department, as 444 applicable. 445 6. The third-party credentialing entity shall track and 446 report compliance with this subsection to the department. 447 (h) Maintain an advisory committee, including 448 representatives from each region of the department, each 449 sheriff’s office providing child protective services, and each 450 community-based care lead agency, who shall be appointed by the 451 organization they represent. The third-party credentialing 452 entity may appoint additional members to the advisory committee. 453 (6) CHILD WELFARE TRAINING TRUST FUND.— 454 (a) There is created within the State Treasury a Child 455 Welfare Training Trust Fund to be used by the Department of 456 Children and Families for the purpose of funding the 457 professional development of persons providing child welfare 458 services. 459 (b) One dollar from every noncriminal traffic infraction 460 collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be 461 deposited into the Child Welfare Training Trust Fund. 462 (c) In addition to the funds generated by paragraph (b), 463 the trust fund shall receive funds generated from an additional 464 fee on birth certificates and dissolution of marriage filings, 465 as specified in ss. 382.0255 and 28.101, respectively, and may 466 receive funds from any other public or private source. 467 (d) Funds that are not expended by the end of the budget 468 cycle or through a supplemental budget approved by the 469 department shall revert to the trust fund. 470 (7) ATTORNEYS EMPLOYED BY THE DEPARTMENT TO HANDLE CHILD 471 WELFARE CASES.—With the exception of attorneys hired after July 472 1, 2014, but before July 1, 2020, who shall complete the 473 training required under this subsection by January 31, 2021, 474 attorneys hired by the department on or after July 1, 2014, 475 whose primary responsibility is representing the department in 476 child welfare cases shall receive training within the first 6 477 months of employment in: 478 (a) The dependency court process, including the attorney’s 479 role in preparing and reviewing documents prepared for 480 dependency court for accuracy and completeness; 481 (b) Preparing and presenting child welfare cases, including 482 at least 1 week of shadowing an experienced children’s legal 483 services attorney who is preparing and presenting cases; 484 (c) Safety assessment, safety decisionmaking tools, and 485 safety plans; 486 (d) Developing information presented by investigators and 487 case managers to support decisionmaking in the best interest of 488 children; and 489 (e) The experiences and techniques of case managers and 490 investigators, including shadowing an experienced child 491 protective investigator and an experienced case manager for at 492 least 8 hours. 493 (8) ADOPTION OF RULES.—The department shall adopt rules 494 necessary to administer this section. 495 Section 8. Paragraph (f) of subsection (1) and subsection 496 (3) of section 409.988, Florida Statutes, are amended to read: 497 409.988 Lead agency duties; general provisions.— 498 (1) DUTIES.—A lead agency: 499 (f) Shall ensure that all individuals providing care for 500 dependent children participate in and successfully complete the 501 program ofreceive appropriatetraining relevant to the 502 individual’s area of responsibility and meet the minimum 503 employment standards established by the department pursuant to 504 s. 402.40. The training curriculum must include training in the 505 recognition of and appropriate responses to head trauma and 506 brain injury in a child under 6 years of age developed by the 507 Child Protection Team Program within the Department of Health. 508 (3) SERVICES.—A lead agency must provide dependent children 509 with services that are supported by research or that are 510 recognized as best practices in the child welfare field. The 511 agency shall give priority to the use of services that are 512 evidence-based and trauma-informed and may also provide other 513 innovative services, including, but not limited to, family 514 centered and cognitive-behavioral interventions designed to 515 mitigate out-of-home placements, and intensive family 516 reunification services that combine child welfare and mental 517 health services for families with dependent children under 6 518 years of age. 519 Section 9. Section 943.17298, Florida Statutes, is created 520 to read: 521 943.17298 Training in the recognition of and responses to 522 head trauma and brain injury.—Each law enforcement officer must 523 successfully complete training on the subject of the recognition 524 of and appropriate responses to head trauma and brain injury in 525 a child under 6 years of age developed by the Child Protection 526 Team Program within the Department of Health to aid an officer 527 in the detection of head trauma and brain injury due to child 528 abuse. Such training must be completed as part of the basic 529 recruit training for a law enforcement officer, as required 530 under s. 943.13(9), or as a part of continuing training or 531 education required under s. 943.135(1), before July 1, 2022. 532 Section 10. Section 1004.615, Florida Statutes, is amended 533 to read: 534 1004.615 Florida Institute for Child Welfare.— 535 (1) There is established the Florida Institute for Child 536 Welfare within the Florida State University College of Social 537 Work. The purpose of the institute is to advance the well-being 538 of children and families who are involved with, or at risk of 539 becoming involved with, the child welfare system by facilitating 540 and supporting statewide partnerships to develop competency 541 based education, training, and support to prepare a diverse 542 group of social work professionals for careers in child welfare 543by improving the performance of child protection and child544welfare services through research, policy analysis, evaluation,545and leadership development. The institute shall consist of a 546 consortium of public and private universities offering degrees 547 in social work and shall be housed within the Florida State 548 University College of Social Work. 549 (2) Using such resources as authorized in the General 550 Appropriations Act, the Department of Children and Families 551 shall collaboratecontractwith the institute for performance of 552 the duties described in subsection (3)(4)using state 553 appropriations, public and private grants, and other resources 554 obtained by the institute. 555 (3) In order to increase and retain a higher percentage of 556 professionally educated social workers in the child welfare 557 system and serve as a statewide resource for child welfare 558 workforce education and training, the institute, in 559 collaboration with the Department of Children and Families, 560 shall: 561 (a) Design and disseminate a continuum of social work 562 education and training which emphasizes child welfare workforce 563 stabilization and professionalization by aligning social work 564 curriculum and training with critical practice skills pursuant 565 to s. 402.40. 566 (b) Identify methods to promote continuing professional 567 development and systems of workplace support for existing child 568 welfare staff. 569 (c) Develop a best practice model for providing feedback on 570 curriculum to social work programs and for ensuring that interns 571 who will be entering the child welfare profession are well 572 supervised by university personnel during their internships. 573 (d) Create a Title IV-E program designed to provide 574 professional education and monetary support to undergraduate and 575 graduate social work students who intend to pursue or continue a 576 career in child welfare. Goals of the program should include: 577 1. Increasing the number of individuals in the child 578 welfare workforce who have a bachelor’s degree or master’s 579 degree in social work. 580 2. Prioritizing the enrollment of current child welfare 581 staff employed by the state. 582 3. Prioritizing the enrollment of students who reflect the 583 diversity of the state’s child welfare population. 584 4. Providing specific program support through the provision 585 of specialized competency-based child welfare curriculum and 586 monetary support to students. 587 (e) Engage in evaluation and dissemination of evidence 588 based and promising practices in child welfare and build high 589 quality evaluation into new program models and pilots. 590 591The institute shall work with the department, sheriffs providing592child protective investigative services, community-based care593lead agencies, community-based care provider organizations, the594court system, the Department of Juvenile Justice, the Florida595Coalition Against Domestic Violence, and other partners who596contribute to and participate in providing child protection and597child welfare services. 598 (4)The institute shall:599(a) Maintain a program of research which contributes to600scientific knowledge and informs both policy and practice601related to child safety, permanency, and child and family well602being.603(b) Advise the department and other organizations604participating in the child protection and child welfare system605regarding scientific evidence on policy and practice related to606child safety, permanency, and child and family well-being.607(c) Provide advice regarding management practices and608administrative processes used by the department and other609organizations participating in the child protection and child610welfare system and recommend improvements that reduce611burdensome, ineffective requirements for frontline staff and612their supervisors while enhancing their ability to effectively613investigate, analyze, problem solve, and supervise.614(d) Assess the performance of child protection and child615welfare services based on specific outcome measures.616(e) Evaluate the scope and effectiveness of preservice and617inservice training for child protection and child welfare618employees and advise and assist the department in efforts to619improve such training.620(f) Assess the readiness of social work graduates to assume621job responsibilities in the child protection and child welfare622system and identify gaps in education which can be addressed623through the modification of curricula or the establishment of624industry certifications.625(g) Develop and maintain a program of professional support626including training courses and consulting services that assist627both individuals and organizations in implementing adaptive and628resilient responses to workplace stress.629(h) Participate in the department’s critical incident630response team, assist in the preparation of reports about such631incidents, and support the committee review of reports and632development of recommendations.633(i) Identify effective policies and promising practices,634including, but not limited to, innovations in coordination635between entities participating in the child protection and child636welfare system, data analytics, working with the local637community, and management of human service organizations, and638communicate these findings to the department and other639organizations participating in the child protection and child640welfare system.641(j) Develop a definition of a child or family at high risk642of abuse or neglect. Such a definition must consider643characteristics associated with a greater probability of abuse644and neglect.645(5)The President of the Florida State University shall 646 appoint a director of the institute. The director must be a 647 child welfare professional with a degree in social work who 648 holds a faculty appointment in the Florida State University 649 College of Social Work. The institute shall be administered by 650 the director, and the director’s office shall be located at the 651 Florida State University. The director is responsible for 652 overall management of the institute and for developing and 653 executing the work of the institute consistent with the 654 responsibilities in subsection (3)(4). The director shall 655 engage individuals in other state universities with accredited 656 colleges of social work to participate in the institute. 657 Individuals from other university programs relevant to the 658 institute’s work, including, but not limited to, economics, 659 management, law, medicine, and education, may also be invited by 660 the director to contribute to the institute. The universities 661 participating in the institute shall provide facilities, staff, 662 and other resources to the institute to establish statewide 663 access to institute programs and services. 664 (5)(6)By each October 1of each year, the institute shall 665 provide a written report to the Governor, the President of the 666 Senate, and the Speaker of the House of Representatives which 667 outlines its activities in the preceding year, reports 668 significant research findings, as well as results of other 669 programs, and provides specific recommendations for improving 670 education, training, and support for individuals in the child 671 welfare workforcechild protection and child welfare services. 672(a) The institute shall include an evaluation of the673results of the educational and training requirements for child674protection and child welfare personnel established under this675act and recommendations for application of the results to child676protection personnel employed by sheriff’s offices providing677child protection services in its report due October 1, 2017.678(b) The institute shall include an evaluation of the679effects of the other provisions of this act and recommendations680for improvements in child protection and child welfare services681in its report due October 1, 2018.682(7) The institute shall submit a report with683recommendations for improving the state’s child welfare system.684The report shall address topics including, but not limited to,685enhancing working relationships between the entities involved in686the child protection and child welfare system, identification of687and replication of best practices, reducing paperwork,688increasing the retention of child protective investigators and689case managers, and caring for medically complex children within690the child welfare system, with the goal of allowing the child to691remain in the least restrictive and most nurturing environment.692The institute shall submit an interim report by February 1,6932015, and final report by October 1, 2015, to the Governor, the694President of the Senate, and the Speaker of the House of695Representatives.696 Section 11. Section 402.402, Florida Statutes, is repealed. 697 Section 12. Subsection (24) is added to section 409.996, 698 Florida Statutes, to read: 699 409.996 Duties of the Department of Children and Families. 700 The department shall contract for the delivery, administration, 701 or management of care for children in the child protection and 702 child welfare system. In doing so, the department retains 703 responsibility for the quality of contracted services and 704 programs and shall ensure that services are delivered in 705 accordance with applicable federal and state statutes and 706 regulations. 707 (24) The department, in collaboration with the lead 708 agencies serving the judicial circuits selected in paragraph 709 (a), may create and implement a program to more effectively 710 provide case management services for dependent children under 6 711 years of age. 712 (a) If the program is created, the department shall select 713 up to three judicial circuits in which to develop and implement 714 the program, with priority given to a circuit that has a high 715 removal rate, significant case management turnover rate, and the 716 highest number of children in out-of-home care or a significant 717 increase in the number of children in out-of-home care over the 718 last 3 fiscal years. 719 (b) If the program is created, it must do each of the 720 following: 721 1. Include caseloads for dependency case managers comprised 722 solely of children who are under 6 years of age, except as 723 provided in paragraph (c). The maximum caseload for a case 724 manager shall be no more than 15 children, if possible. 725 2. Include case managers who are trained specifically in: 726 a. Critical child development for children under 6 years of 727 age; 728 b. Specific practices of child care for children under 6 729 years of age; 730 c. The scope of community resources available to children 731 under 6 years of age; and 732 d. Working with a parent or caregiver and assisting him or 733 her in developing the skills necessary to care for the health, 734 safety, and well-being of a child under 6 years of age. 735 (c) If a child being served through the program has a 736 dependent sibling, the sibling may be assigned to the same case 737 manager as the child being served through the program; however, 738 each sibling counts toward the case manager’s maximum caseload 739 as provided under paragraph (b). 740 (d) If the program is created, the department shall 741 evaluate the permanency, safety, and well-being of children 742 being served through the program and submit a report to the 743 Governor, the President of the Senate, and the Speaker of the 744 House of Representatives by October 1, 2025, detailing its 745 findings. 746 Section 13. Paragraph (h) of subsection (1) of section 747 1009.25, Florida Statutes, is amended to read: 748 1009.25 Fee exemptions.— 749 (1) The following students are exempt from the payment of 750 tuition and fees, including lab fees, at a school district that 751 provides workforce education programs, Florida College System 752 institution, or state university: 753 (h) Pursuant to s. 402.403, child protection and child 754 welfare personnelas defined in s. 402.402who are enrolled in 755 an accredited bachelor’s degree or master’s degree in social 756 work program, provided that the student attains at least a grade 757 of “B” in all courses for which tuition and fees are exempted. 758 Section 14. This act shall take effect July 1, 2020.