PRINTER'S NO. 1824

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1543 Session of 1987


        INTRODUCED BY KUKOVICH, RICHARDSON, FOX, RYBAK, FREEMAN, HAYDEN,
           JACKSON, TIGUE, MORRIS, BORTNER, YANDRISEVITS, BELFANTI,
           DALEY, STABACK, KOSINSKI, R. C. WRIGHT, J. TAYLOR, HARPER,
           JOSEPHS, E. Z. TAYLOR, SHOWERS, FISCHER AND PRESTON, JUNE 11,
           1987

        REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 11, 1987

                                     AN ACT

     1  Providing for the establishment of training and certification of
     2     child protective services workers, for a governing board to
     3     be known as the Child Protective Services Workers Board, for
     4     the powers and duties of the board and for the duties of
     5     certain State agencies; and making an appropriation.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8  Section 1.  Short title.
     9     This act shall be known and may be cited as the Child
    10  Protective Services Workers Certification Act.
    11  Section 2.  Purpose.
    12     This act is intended:
    13         (1)  To establish minimum training requirements for child
    14     protective service workers.
    15         (2)  To provide for certification of child protective
    16     service workers who successfully complete the training
    17     requirements.
    18         (3)  To establish the minimum requirements to maintain

     1     the certification.
     2  Section 3.  Definitions.
     3     The following words and phrases when used in this act shall
     4  have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     "Board."  The Child Protective Services Workers Board.
     7     "Certified child protective services worker."  Any person
     8  certified by the board.
     9     "Child abuse."  As defined in the act of November 26, 1975
    10  (P.L.438, No.124), known as the Child Protective Services Law.
    11     "Child protective services."  Any service defined in the act
    12  of November 26, 1975 (P.L.438, No.124), known as the Child
    13  Protective Services Law.
    14     "Child protective services worker."  A person who conducts
    15  investigations into reports of suspected child abuse, under
    16  section 16 of the act of November 26, 1975 (P.L.438, No.124),
    17  known as the Child Protective Services Law.
    18     "Child protective services worker certification training."
    19  Training as designated by the board to provide for certification
    20  of child protective services workers or to maintain such
    21  certification.
    22  Section 4.  Child Protective Services Workers Board.
    23     (a)  Members.--The board shall consist of eight members. Two
    24  of the members shall be appointed by the Secretary of Public
    25  Welfare, and six members shall be appointed by the Governor from
    26  a list of names including, but not limited to, names of persons
    27  recommended by the President of the Pennsylvania Association of
    28  Children and Youth Administrators, Inc.
    29     (b)  Terms.--The term of office for a board member shall be
    30  two years, except that, in the initial year, half the members
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     1  shall be appointed for a period of one year. Of those members
     2  appointed for a one-year period, one shall be a member appointed
     3  by the Secretary of Public Welfare and three shall be members
     4  appointed by the Governor. Members may be appointed for a second
     5  term, but in no case shall a member serve more than two
     6  consecutive terms of membership.
     7  Section 5.  Certification training.
     8     Child protective services workers certification training
     9  shall consist of two interrelated phases. The location of
    10  training sites shall be determined by the board.
    11         (1)  The first phase shall consist of a self-
    12     instructional program manual, to be completed by the trainee
    13     under the guidance of a protective services worker
    14     supervisor. A test on the materials covered in the manual
    15     will be administered to the trainee. This phase must be
    16     completed within 30 days of employing the trainee. Passage of
    17     the test is required to complete this phase. Testing
    18     materials must be approved by the board before tests are
    19     administered. Successful completion of this phase results in
    20     a temporary certification that is valid for a five-month
    21     period. Testing may be given in English or Spanish.
    22         (2)  Successful completion of phase two results in
    23     certification that is valid for one year. Failure to pass the
    24     certification test may be cause for the trainee to request a
    25     re-test of those areas of the testing which were failed. A
    26     re-test must be completed within three months of the
    27     initially failed testing. No trainee shall be tested in the
    28     second phase of training more than twice. Testing may be
    29     given in English or Spanish. The board shall approve testing
    30     materials before testing is administered. The test may be
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     1     developed exclusively from written materials presented in the
     2     course of instruction provided by board-approved trainers.
     3     The frequency of phase two training shall be determined by
     4     the board. Instruction shall be given in the following areas:
     5             (i)  Law and legal procedures for child protective
     6         services workers.
     7             (ii)  Children's and adolescents' developmental
     8         needs.
     9             (iii)  Parenting skills.
    10             (iv)  Family dynamics.
    11             (v)  Assessment of dependency.
    12             (vi)  Interventive skills used by child protective
    13         services workers.
    14             (vii)  Human behavior and the social environment.
    15             (viii)  Case management and time management skills.
    16             (ix)  Working relationships with and involvement of
    17         law enforcement officials.
    18  Section 6.  Additional training.
    19     Annual validation of certification shall require the
    20  certified child protective services worker to receive 40 hours
    21  of in-service training. Twenty of the 40 hours of in-service
    22  training shall consist of training approved by the board.
    23  Section 7.  Status of existing employees.
    24     Child protective services workers hired prior to the
    25  effective date of this act shall be required to pass a
    26  proficiency test within one year of the effective date of this
    27  act. The proficiency test shall consist of materials approved by
    28  the board. Upon satisfactorily completing the proficiency test,
    29  a worker shall be deemed certified under this act.
    30  Section 8.  Waivers.
    19870H1543B1824                  - 4 -

     1     (a)  General rule.--Requests for waivers of the required
     2  training for certification shall be evaluated by the board and
     3  the decision rendered by the board shall be final. In no event
     4  shall a proficiency test be waived.
     5     (b)  Certification in another state.--A child protective
     6  services worker certified in another state and having at least
     7  one year of employment experience as a child protective services
     8  worker may request a waiver of the training required for
     9  certification. If the request is approved by the board, the
    10  employee may attain certification by successfully passing a
    11  proficiency test. The proficiency test must be approved by the
    12  board before it is administered for the purpose of granting
    13  certification.
    14  Section 9.  Nonapproval.
    15     If the board determines that a trainee does not meet the
    16  requirements of the act, the board will specify in writing and
    17  forward to the trainee, by certified mail, return receipt
    18  requested, the reason upon which the adverse determination is
    19  based. Notice of the board's adverse determination shall be
    20  issued no later than 30 days following the determination, except
    21  in instances for cause shown.
    22  Section 10.  Availability of test scores.
    23     The board will provide, within three days of completion of
    24  the testing for certification, a list of trainees and their
    25  respective scores to their respective administrators.
    26  Section 11.  Approval of testing materials.
    27     Educational or training courses required for temporary
    28  certification, certification or annual validation of
    29  certification shall meet with the approval of the board before
    30  education or training is deemed acceptable in meeting
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     1  requirements of temporary certification, certification or annual
     2  validation of certification.
     3  Section 12.  Additional powers and duties of department.
     4     (a)  Development of compliance identifier.--The powers and
     5  duties of the Department of Public Welfare shall include the
     6  development of a mechanism to identify compliance or
     7  noncompliance by the child protective services staff with the
     8  requirements of this act.
     9     (b)  Limitation on subsidizing county workers.--The
    10  Department of Public Welfare may not subsidize county child
    11  protective services agencies for salaries of uncertified county
    12  child abuse workers.
    13  Section 13.  Appropriation.
    14     The sum of $800,000, or as much thereof as may be necessary,
    15  is hereby appropriated to the Child Protective Services Workers
    16  Board to carry out the provisions of this act.
    17  Section 14.  Effective date.
    18     This act shall take effect in 90 days.








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