These rules outline the department’s approval process for nonprofit organizations to become child welfare third-party credentialing entities and the process the department will used when approving pre-service training curriculum.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-37.001Compliance with Certification for Persons Providing Child Welfare Services

65C-37.002Approval Process for Third Party Credentialing Entities

65C-37.003Core Competencies

65C-37.004Approval Process for Pre-Service Curriculum

PURPOSE AND EFFECT: These rules outline the department’s approval process for nonprofit organizations to become child welfare third-party credentialing entities and the process the department will used when approving pre-service training curriculum.

SUMMARY: This chapter implements the requirement in Chapter 2011-163, Laws of Florida, by establishing the process for department approval of nonprofit organizations to become a third-party credentialing entity; the process for revocation of third-party credentialing entity status; the process for review and approval of preservice curriculum and core competencies; and setting core competencies. The chapter title and rule titles have changed since the Notice of Rule Development on 10/1/2012.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The department used a checklist to conduct an economic analysis and determine If there was an adverse impact or regulatory costs of the rule that exceeded the criteria in Section 120.541(2)(a), F.S.. Based upon this analysis, the department has determined that this chapter will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department used a checklist to conduct an economic analysis and determine If there was an adverse impact or regulatory costs of the rule that exceeded the criteria in Section 120.541(2)(a), F.S.. Based upon this analysis, the department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 402.40(60 FS.

LAW IMPLEMENTED: 402.40, 402.731 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eleese Davis, [phone], [e-mail] or 1317 Winewood Blvd, Building 1, Room 303B, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 65C-37

CHILD WELFARE CREDENTIALING ENTITIES AND PRESERVICE CURRICULUM REVIEW

 

65C-37.001 Third-party Credentialing Entities Application and Review Process

65C-37.002 Revocation of Third-party Credentialing Entity Status

65C-37.003 Preservice Curriculum and Core Competencies Review Process

65C-37.004 Core Competencies for Child Welfare Professionals

 

65C-37.001 Third-party Credentialing Entities’ Application and Review Process.

(1) Each applicant for third-party credentialing entity status shall electronically submit to the department the following documentation:

(a) Proof of nonprofit status;

(b) To ensure standardization of third-party credentialing entities and the integrity of the child welfare certification, proof that the applying agency has accreditation from the National Commission for Certifying Agencies or has applied for accreditation through the Commission, and has completed the Commission’s self-assessment checklist;

(c) Listing of professional requirements and standards that child welfare applicants must achieve in order to obtain and maintain a certification;

(d) Examination instruments used to assess mastery of core competencies and proof that they comply with the National Commission for Certifying Agencies’ certification and psychometric standards;

(e) Professional code of ethics and disciplinary process for all persons holding child welfare certification, including a process for immediate notification to employing agencies upon indication that one of their employees has violated the code of ethics;

(f) Description of the applying entity’s database of all persons holding child welfare certification, that includes any history of ethical violations and how the database will be available to the public;

(g) Listing of the annual continuing education requirements for persons holding child welfare certification;

(h) Description of the qualifications of continuing education providers that will provide continuing education opportunities for those certified.

(2) Upon receipt of an application, the department shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information.

(a) The applicant shall have 30 days to submit additional information.

(b) For good cause shown, the department will grant a request for an extension of time for submitting the additional information.

(c) An application is complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired.

(d) An application must be approved or denied within 90 days after receipt of a completed application.

(3) Each applicant shall be given written notice, personally or by mail, that the department has granted or denied the application to become a credentialing entity. The notice will state with particularity the grounds or basis for the issuance or denial of the application.

Rulemaking Authority 402.40(6) FS. Law Implemented 402.40, 402.731 FS. History–New_________.

 

65C-37.002 Revocation of Third-party Credentialing Entity Status.

(1) No revocation, suspension, annulment, or withdrawal of any department approved credentialing entity can be made unless the department has served, by personal service or certified mail, an administrative complaint which affords reasonable notice to the credentialing entity of facts or conduct which warrant the intended action. The department shall take such action when the credentialing entity no longer meets the requirements in section 402.40, Florida Statutes.

(2) If the department finds that immediate serious danger to the public safety or welfare requires emergency suspension, restriction, or limitation of a credentialing entity, the department may take such action if:

(a) The action is necessary to protect the public interest under the emergency procedure, and

(b) The department states in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public safety or welfare and its reasons for concluding that the procedure used is fair under the circumstances.

Rulemaking Authority 402.40(6) FS. Law Implemented 402.40, 402.731 FS. History–New_________.

 

65C-37.003 Preservice Curriculum and Core Competencies Review Process.

(1) Each entity seeking approval for core competencies and preservice curriculum shall electronically submit to the department the following documentation for review:

(a) The core competencies and a validation study of the core competencies if they differ from the core competencies referenced in Rule 65C-37.004, F.A.C.;

(b) The preservice curriculum and a description of the methodology used for curriculum design;

(c) A description of how the core competencies are implemented into the preservice curriculum.

(2) Upon receipt of the documentation listed in paragraphs 65C-37.004(1)(a)-(c), F.A.C., the department shall examine the documents and, within 45 days after such receipt, notify the requesting entity of any apparent errors or omissions and request any additional information.

(a) The requesting entity shall have 45 days to submit additional information.

(b) For good cause shown, the department will grant a request for an extension of time for submitting the additional information.

(c) The core competencies and preservice curriculum must be approved or denied within 90 days after receipt of all documentation.

(3) Each applicant shall be given written notice, personally or by mail that the department approves or disapproves the preservice curriculum.

(4) Each applicant shall be given written notice, personally or by mail that the department approves or disapproves the core competencies.

(5) Approved curriculum must be revised and submitted to the department within 30 days of new rule promulgation, state statute implementation, changes in federal laws and regulations, and changes in department policies that affect core competencies and curriculum design.

(6) The department shall review and approve all curriculum revisions using the same method as indicated in subsections (1) through (3) above.

Rulemaking Authority 402.40(6) FS. Law Implemented 402.40, 402.731 FS. History– New__________.

 

65C-37.004 Core Competencies for Child Welfare Professionals.

The department approved core competencies for child welfare professionals is hereby incorporated by reference and is available by contacting the Office of Child Welfare at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700.

Rulemaking Authority 402.40(6) FS. Law Implemented 402.40(6), 402.731 FS. History– New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Eleese Davis, [phone], [e-mail] or 1317 Winewood Blvd, Building 1, Room 303B, Tallahassee, Florida 32399

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 26, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2013