Definitions, Certification for Child Protection Professionals, Child Welfare Pre-Service Training, Pre-Service Training Assessments, Phase II of Child Welfare Training, Performance Assessment, Recertification, Waiver Process, Decertification, Third ...
DEPARTMENT OF CHILDREN AND FAMILIES
Family Safety and Preservation Program
RULE NOS.:RULE TITLES:
65C-33.001Definitions
65C-33.002Certification for Child Protection Professionals
65C-33.003Child Welfare Pre-Service Training
65C-33.004Pre-Service Training Assessments
65C-33.005Phase II of Child Welfare Training
65C-33.006Performance Assessment
65C-33.008Recertification
65C-33.010Waiver Process
65C-33.011Decertification
65C-33.014Third Party Credentialing Entities’ Application and Review Process
65C-33.015Revocation or Suspension of Department Approval of Third Party Credentialing Entity Status
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 129, July 6, 2015 issue of the Florida Administrative Register.
65C-33.001 Definitions.
(1) through (7) No change.
(8) “Continuing Education” refers to all training in which a certified Child Welfare Professional participates in order to help develop or enhance his or her core competencies on an on-going basis.
(8) through (13) are renumbered (9) through (14) No change.
(14) “In-Service Training” refers to all training in which a certified Child Welfare Professional participates in order to help develop or enhance his or her core competencies on an on-going basis.
(15) through (22) No change.
(23) “Special Circumstances” refer to instances in which an individual is unable to assume full or partial responsibility for a caseload, or is unable to be involved as required in pre-service or in-service training due to unforeseen conditions beyond his or her control, which limit the individual’s ability to perform some or all required job functions.
(24) through (25) are renumbered (23) through (24) No change.
(25)(26) “Training Entity” refers to the employing agency of each child welfare trainer, which is responsible for the delivery of pre-service and continuing education in-service training to a particular circuit, region or geographical area.
(27) through (29) are renumbered (26) through (28) No change.
65C-33.002 Certification for Child Protection Professionals.
(1) It is the responsibility of each employing agency to ensure employee compliance with this Rule and establish agency policies that require timely child welfare certification as a condition of employment for those positions requiring certification.
(2) On an on-going basis, the supervisor must assess the individual’s level of job-related knowledge, skills, abilities and priorities and must identify, arrange for, or provide additional assistance as necessary to help enhance the individual’s overall development as a proficient Child Welfare Professional.
(1)(3) Absent special circumstances, Eevery Child Welfare Professional is required to be certified within one (1) year of the date of having successfully completed either the post-test or the waiver test for his or her position classification.
(4) Accommodations.
(a) Arrangements shall be made to accommodate an individual’s special circumstances in those cases in which the individual is unable to assume full or partial responsibility for a caseload, or fulfill the attendance requirements of pre-service or in-service training due to a medical, personal, family, or other emergency situation beyond the individual’s control.
(b) Accommodations include extending the individual’s pre-service or in-service training period, approving limited additional time within which the individual can become certified or have his or her certification renewed, or effecting such other accommodation based upon the individual’s situation.
(c) Accommodation of an individual’s special circumstances may be restricted to a specified time frame, or may extend until such time as the individual is able to fully resume his or her regular duties; the individual no longer occupies a position requiring certification; the individual is no longer employed by the agency; or the agency can no longer provide the accommodation.
(5) It is the responsibility of the employing agency to ensure that the Trainee or Child Welfare Professional has access to the resources and supports necessary for his or her successful completion of the certification process.
(2)(6) Certification is based upon meeting the standards and successfully completing the professional requirements established by the Third Party Credentialing Entity. successful completion of both the pre-service curriculum component, including successfully passing the post-test, and completion of the required on-the-job training and supervision, as well as additional specific established requirements for each position classification, if any.
(3)(7) Each type of child welfare certification has a training, testing and certification requirement, all of which are established by the Department.
(8) through (12) are renumbered (4) through (8) No change.
(9)(13) Absent special circumstances, Ccertification is valid for a period of two (2) years. The Third Party Credentialing Entity that administered the certification is responsible for determining whether an extension will be granted.
Rulemaking Authority 402.40 FS. Law Implemented 402.40, 402.731(1) FS. History–New 10-14-10, ______.
65C-33.003 Child Welfare Pre-Service Training.
(1) through (5)(b) No change.
(6) Interns.
(a) Interns may be utilized to assist child welfare staff in the performance of their job duties. Interns are permitted to seek certification and are subject to the same restrictions and requirements as employees. ; however, under no circumstances shall an intern carry a caseload, be assigned responsibility for any cases, conduct unaccompanied or unsupervised home visits, perform unsupervised home studies or interviews of children or adults, be ultimately responsible for any assessment of risk, or otherwise have primary responsibility for any investigation, child, family or case, until successfully completing the pre-service training and passing the post-test.
(b) The agency shall develop a policy addressing the scope, limitations and required supervision of interns who have successfully completed the pre-service training, with regard to such issues as type of case assignments, caseload size, continuity of service provision to families, and child safety.
65C-33.004 Pre-Service Training Assessments.
(1) through (7)(b) No change.
Rulemaking Authority 402.40 FS. Law Implemented 402.40, 402.731(1) FS. History–New 10-14-10,____.
65C-33.005 Phase II of Child Welfare Training
(1)(a) through (2)(d) No change.
(3) After 30 calendar days of having passed the waiver test or post-test, the caseload of a new Child Welfare Professional may be increased gradually over time, based upon the ongoing assessment of the individual’s developing knowledge, skills, abilities and priorities by the supervisor or other designated individuals within the employing agency.
Rulemaking Authority 402.40 FS. Law Implemented 402.40, 402.731(1) FS. History–New 10-14-10,____.
65C-33.006 No change.
65C-33.008 Recertification.
(1) No change.
(2) In order to be eligible for certification renewal, a certified Child Welfare Professional must continue to fulfill his or her job requirements and participate in a minimum of 40 hours of continuing education in-service training every two (2) years from the date of his or her most recent certification. Unless accommodations are made by the Third Party Credentialing Entity to address an individual’s special circumstances, an individual must be removed from in a position requiring certification if certification renewal is not achieved within two (2) years.
(3) The employing agency shall ensure certification renewal every two (2) years through the fulfillment of job requirements and documented in-service training is included as a performance standard for each certified Child Welfare Professional, and that each individual employed in a position requiring certification is made aware of the ramifications of not meeting the requirement.
(4)(a) The employing agency shall ensure that each certified Child Welfare Professional is notified of and encouraged to attend and participate in a variety of in-service training opportunities in order to help enhance each individual’s professional evolution on an on-going basis, as well as to meet certification renewal requirements.
(5) through (6) are renumbered (3) through (4) No change.
(6)(a)-(c) [now (4)(a)-(c)] No change.
(6)(d) [now (4)(d)] Participates in and maintains his or her own documentation of a minimum of 40 hours of continuing education in-service training every two (2) years.
(7) is renumbered (5) No change.
(8) The employing agency shall to validate in-service training course content as to subject relevance, with regard to each individual’s position classification, job requirements, and identified or observed needs.
(6)(9) Continuing education must meet the requirements set by the Third Party Credentialing Entity and shall include Although there are no specific course requirements for the mandatory 40 hours of in-service training required, employing agencies shall provide or make available training opportunities which address a wide variety of core competency elements (e.g., interpersonal skills, conflict resolution, law and policy issues, cultural diversity, and investigative and casework related processes) in order to help expand the knowledge, proficiency and awareness of each certified Child Welfare Professional. In addition, continuing education shall be administered by qualified providers approved by the Third Party Credentialing Entity.
(a) In-service training hours may be obtained by attending relevant workshops, conferences, other trainings, or participating in pertinent on-line learning opportunities approved by the employing agency. In some cases whereby individuals are pursuing undergraduate or graduate degrees, certain courses may be pre-approved by the Third Party Credentialing Entity to count as a portion of the individual’s in-service training hours, as long as the course and the degree sought are relevant to the individual’s current position classification.
1. In-service training hours obtained through Third Party Credentialing Entity-approved college or graduate-level courses shall be credited as the number of total credit hours for the course; for example, a three (3) credit-hour course shall be credited as three (3) in-service training hours toward certification renewal.
2. No more than 10 training hours required for certification renewal may come from college or graduate-level courses in which the individual is enrolled.
(b) No individual may take the post-test or waiver test in lieu of all or any part of the required 40 48 hours of in-service training hours.
(c) No individual may attend pre-service classes that he or she previously attended as part of the pre-service curriculum or waiver plan in order to obtain any in-service training hours.
(d) Pre-service curriculum courses that are new, or in which the individual has not previously participated, including relevant on-line instruction that may be a new part of the pre-service curriculum, but was not included in the individual’s previous pre-service experience, may be considered as in-service training hours which count toward meeting the requirement for certification renewal.
(e) Training provided by the Department on updated statutory, administrative code and policy requirements may be considered as in-service training hours which count toward meeting the requirement for certification renewal.
Rulemaking Authority 402.40 FS. Law Implemented 402.40, 402.731(1) FS. History–New 10-14-10, _____.
65C-33.010 Waiver Process.
(1) The waiver process is the procedure by which individuals who already meet criteria established by the Third Party Credentialing Agency as set forth in this rule and as determined by the employing agency are eligible to take a waiver test and enter into an individualized waiver plan in lieu of participating in the training requirements to achieve provisional certification.
(2) A waiver test may only be given in the following situations:
(a) When a previously certified individual’s certification has expired due to having failed to maintain the required 40 hours of in-service training every two (2) years, and employed in any position classification or certification designation after experiencing no break in service or a break in service for any period of up to one (1) year; or
(b) When an individual in any position classification or certification designation successfully became provisionally certified prior to achieving full certification, experienced a break in service for any period of up to one (1) year and his or her provisional certification has expired; or
(c) When an individual achieved full certification and has a break in service greater than one (1) year and up to three (3) years, regardless of whether the certification has expired.
(d) When an individual was actively engaged in relevant training, education or comparable employment in child welfare, human services, investigations, or law enforcement in Florida or another state for at least one (1) year during the two (2) year period immediately preceding the individual’s date of hire.
(2)(3) A waiver test shall never be given if the individual whose certification was previously revoked for cause by the Third Party Credentialing Entity. pursuant to subparagraph 65C-33.011(1)(b), F.A.C. Any individual hired after having his or her certification previously revoked for cause must successfully complete all pre-service training requirements.
(4) through (5) are renumbered (3) through (4).
(6) Any individual for whom the waiver process is utilized must:
(a) Pass the waiver test on his or her first attempt, and
(b) Enter into a waiver plan with his or her supervisor and a child welfare trainer prior to the assignment of primary responsibility for any investigation, child, family or case.
(7) is renumbered (5)
(7)(a) [now (5)(a)] No change.
(7)(b) [now (5)(b)] (b) Training staff at the Department, sheriff’s offices, community-based care lead or subcontracted agencies, or any other agency providing child welfare training or services may only conduct waiver test preparation classes in emergency staffing situations, and only then with the prior written approval of the Office of Child Welfare.
(7)(c) through (13) are renumbered (5)(c) through (11) No change.
(12)(14) There is no waiver procedure for the full certification portion of the certification process, or for the 40 continuing education in-service training hours required every two (2) years for certification renewal.
Rulemaking Authority 402.40 FS. Law Implemented 402.40, 402.731(1) FS. History–New 10-14-10.
65C-33.011 Decertification.
(1) The Third-Party Credentialing Entity is responsible for certification revocation.
(a) Regardless of any additional action taken by the employing agency, the Third Party Credentialing Entity shall revoke the certification of a child protection professional when he or she no longer meets the qualifications for certification.
(b) The Third Party Credentialing Entity shall also revoke the certification of a child protection professional for cause, which is defined as: incompetence, negligence, or serious personal, professional, or ethical misconduct, including failure to responsibly discharge assigned duties; falsification of records; use of professional authority to exploit others; engaging in conduct punishable under Florida law by more than one (1) year in jail, whether or not criminally charged or convicted of such conduct; insubordination; theft or misuse of agency property; or violation of agency rules and regulations.
1. When an individual is concurrently certified in more than one (1) certification designation and his or her certification is revoked for cause, all other certifications held shall also be revoked.
2. The period of certification revocation for cause shall be three (3) years. After three (3) years, the individual can petition for a reinstatement hearing with the Third Party Credentialing Entity.
3. When a certification revocation for cause becomes final Third Party Credentialing Entity action, the individual whose certification was revoked shall immediately be removed from any position requiring child protection professional certification.
(2) Within five (5) days of an individual’s certification revocation becoming final Third Party Credentialing Entity action, the Third Party Credentialing Entity shall provide written notification of the effective date of the revocation to the employing agency’s Training Manager or designee and to the Office of Child Welfare. Within two (2) business days of providing the notification, the Third Party Credentialing Entity will update the individual’s status in the Third Party Credentialing Entity’s on-line database for tracking certification.
(3) The Third Party Credentialing Entity shall send the individual written notification of the decision to revoke his or her certification within five (5) business days of the decision to revoke his or her certification. The written notice must include the reason for the certification revocation, and must advise the individual of his or her option to challenge the certification revocation decision as provided in Chapter 120, F.S.
(4) is renumbered (2) No change.
65C-33.014 No change.
65C-33.015 No change.
