Bill Text: FL S0976 | 2023 | Regular Session | Introduced
Bill Title: Certification of Individuals Who Provide Child and Adult Protective Services
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2023-05-05 - Died in Fiscal Policy [S0976 Detail]
Download: Florida-2023-S0976-Introduced.html
Florida Senate - 2023 SB 976
By Senator Harrell
31-01094A-23 2023976__
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. 402.40, F.S.; providing a review and
5 appeal process for child welfare administration
6 certifications that are denied, revoked, or suspended
7 or sanctions that are imposed by a third-party
8 credentialing entity; amending s. 415.101, F.S.;
9 revising legislative intent regarding the
10 certification of individuals who provide adult
11 protective services; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (3) of section 402.40, Florida
16 Statutes, is amended to read:
17 402.40 Child welfare training and certification.—
18 (3) THIRD-PARTY CREDENTIALING ENTITIES.—The department
19 shall approve one or more third-party credentialing entities for
20 the purpose of developing and administering child welfare
21 certification programs for persons who provide child welfare
22 services. A third-party credentialing entity must shall request
23 such approval in writing from the department. In order to obtain
24 approval, the third-party credentialing entity must:
25 (a) Establish professional requirements and standards that
26 applicants must achieve in order to obtain a child welfare
27 certification and to maintain such certification.
28 (b) Develop and apply core competencies and examination
29 instruments according to nationally recognized certification and
30 psychometric standards.
31 (c) Maintain a professional code of ethics and a
32 disciplinary process that apply to all persons holding child
33 welfare certification.
34 (d) Maintain a database, accessible to the public, of all
35 persons holding child welfare certification, including any
36 history of ethical violations.
37 (e) Require annual continuing education for persons holding
38 child welfare certification.
39 (f) Administer a continuing education provider program to
40 ensure that only qualified providers offer continuing education
41 opportunities for certificateholders.
42 (g) Review the findings and all relevant records involving
43 the death of a child or other critical incident following
44 completion of any reviews by the department, the inspector
45 general, or the Office of the Attorney General. Such review may
46 occur only upon the filing of a complaint from an outside party
47 involving certified personnel. This review shall assess the
48 certified personnel’s compliance with the third-party
49 credentialing entity’s published code of ethical and
50 professional conduct and disciplinary procedures.
51 (h) Maintain an advisory committee, including
52 representatives from each region of the department, each
53 sheriff’s office providing child protective services, and each
54 community-based care lead agency, who shall be appointed by the
55 organization they represent. The third-party credentialing
56 entity may appoint additional members to the advisory committee.
57
58 Any decision by a third-party credentialing entity to deny,
59 revoke, or suspend a certification, or otherwise impose
60 sanctions on an individual who is certified, is reviewable by
61 the department. Upon receiving an adverse determination, the
62 person aggrieved may request an administrative hearing pursuant
63 to ss. 120.569 and 120.57(1) within 30 days after completing any
64 appeals process offered by the credentialing entity or the
65 department, as applicable.
66 Section 2. Subsection (2) of section 415.101, Florida
67 Statutes, is amended to read:
68 415.101 Adult Protective Services Act; legislative intent.—
69 (2) The Legislature recognizes that there are many persons
70 in this state who, because of age or disability, are in need of
71 protective services. These Such services should allow such an
72 individual the same rights as other citizens and, at the same
73 time, protect the individual from abuse, neglect, and
74 exploitation. It is the intent of the Legislature to provide for
75 the detection and correction of abuse, neglect, and exploitation
76 through social services and criminal investigations and to
77 establish a program staffed by persons who hold a professional
78 certification from a third-party credentialing entity approved
79 by the Department of Children and Families to provide of
80 protective services for all vulnerable adults in need of them.
81 It is intended that the mandatory reporting of such cases will
82 cause the protective services of the state to be brought to bear
83 in an effort to prevent further abuse, neglect, and exploitation
84 of vulnerable adults. In taking this action, the Legislature
85 intends to place the fewest possible restrictions on personal
86 liberty and the exercise of constitutional rights, consistent
87 with due process and protection from abuse, neglect, and
88 exploitation. Further, the Legislature intends to encourage the
89 constructive involvement of families in the care and protection
90 of vulnerable adults.
91 Section 3. This act shall take effect upon becoming a law.
