Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB467 Engrossed / Bill

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Regular Session, 2010
SENATE BILL NO. 467
BY SENATOR LONG 
CHILDREN. Provides for training requirements for child-protection and foster-care
workers. (gov sig)
AN ACT1
To amend and reenact R.S. 46:285, relative to required training for child protection and2
foster care workers; to provide for deemed status for certain training; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 46:285 is hereby amended and reenacted to read as follows: 6
ยง285. Required training for child protection and foster care workers7
A. No employee of the Department of Social Services, office of community8
services, hired for the position of child protection caseworker or supervisor or foster9
care caseworker or supervisor with direct responsibility for cases dealing with10
families and children after January 1, 1984, shall exercise responsibility for any11
cases until that employee has completed a training program consisting of at least12
thirty-two hours of instruction, addressing such appropriate topics as:13
(1) Causes and effects of child abuse and neglect.14
(2) Legal aspects of child protection and foster care including the legal duties15
of the representatives, which may consist of various methods of informing such16
representatives of such duties, in order to protect the constitutional and statutory17 SB NO. 467
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rights and safety of children and families from the initial time of contact during1
investigation through treatment.2
(3) Treatment of abused and neglected children.3
(4) Treatment of abusive and neglectful parents.4
(5) Permanency planning for children.5
(6) Training to ensure that workers are knowledgeable in best practices for6
promoting collaboration with families and that they are fully aware of the extent and7
the limits of their legal authority and the legal rights of parents in carrying out such8
investigations. Training shall include legal duties of workers to protect the9
constitutional and statutory rights of children and families from the initial time of10
contact during investigation through treatment.11
(7) B. All representatives or employees of the Department of Social Services12
shall, at the initial time of contact with the individual subject to a child abuse and13
neglect investigation, advise the individual of the specific complaints or allegations14
made against the individual in a manner that is consistent with laws protecting the15
rights of the informant.16
C. Any employee hired on or after July 1, 2010, who has graduated from17
a Council on Social Work Education accredited program of social work18
certifying that the employee has completed course work and demonstrated19
competency in the core areas of effective child welfare practice, including20
successful completion of a child welfare specific internship, shall be deemed to21
have met the thirty-two hour training requirement specified in Subsection A of22
this Section and may begin exercising responsibility for cases under agency23
supervision. The Department of Social Services in partnership with the24
Louisiana University Child Welfare Workforce Alliance shall define the core25
competencies, which shall include but not be limited to the competencies set26
forth in Subsection A of this Section, of effective child welfare practice.  The27
Department of Social Services shall be specifically authorized to promulgate28
rules and regulations, pursuant to the Administrative Procedure Act, which29 SB NO. 467
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may be necessary to effect the provisions of this Section.1
B. D. Within six months following the commencement of responsibility for2
cases, each such employee designated in Subsection A of this Section shall complete3
a training program consisting of thirty-two hours of job related instruction in4
addition to the training required in Subsection A.5
C. E. Notwithstanding the provisions of Subsections A and B D of this6
Section, employees of the office of community services shall be permitted to7
exercise responsibility for cases on an emergency basis prior to the completion of8
required training if the unavailability of these employees pending such training9
would result in the agency's inability to meet the needs of abused or neglected10
children or to satisfy legal mandates, provided that appropriate training may not be11
delayed beyond sixty days.12
D. F. Within the second and third full year of employment, each child13
protection caseworker and supervisor or foster care caseworker or supervisor as14
designated in Subsection A of this Section, shall receive thirty-two hours of in-15
service training annually, relevant to providing child welfare services.16
E. G. Following completion of three full years of child welfare casework17
experience, each employee as designated in Subsection A of this Section, shall18
receive at least twenty hours of in-service training annually, relevant to providing19
child welfare services.20
F. H. The Department of Social Services shall provide such training through21
its own personnel, partnerships with universities, or by contracting with outside22
persons or agencies.23
G. I. The Department of Social Services may continue incentive pay24
schedules established by the Department of State Civil Service to compensate social25
work personnel with selected graduate degrees at a higher rate than other persons26
without such specialized advanced degrees as provided by the Department of State27
Civil Service and the State Civil Service Commission.28
Section 2. This Act shall become effective upon signature by the governor or, if not29 SB NO. 467
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signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
The original instrument was prepared by Greg Waddell. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Broussard-Johnson.
DIGEST
Long (SB 467)
Present law provides that no employee of DSS with direct responsibility for cases dealing
with families and children, shall exercise responsibility for any cases until that employee has
completed a training program consisting of at least 32 hours of instruction.
Proposed law retains present law.
Proposed law provides that any employee hired on or after July 1, 2010, who has graduated
from a Council on Social Work Education accredited program of social work certifying that
the student has completed course work and demonstrated competency in the core areas of
effective child welfare practice, including successful completion of a child welfare specific
internship, shall be deemed to have met the 32 hour training requirement specified in present
law and may begin exercising responsibility for cases under agency supervision. DSS in
partnership with the Louisiana University Child Welfare Workforce Alliance shall define
the core competencies, which shall include but not be limited to the competencies set forth
in present law, of effective child welfare practice.
Proposed law provides that DSS shall be specifically authorized to promulgate rules and
regulations, pursuant to the APA, which may be necessary to effect the provisions of present
law.
Present law provides that DSS shall provide the training required by present law through its
own personnel or by contracting with outside persons or agencies.
Proposed law retains present law and further provides that the training can be provided
through partnerships with universities.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 46:285)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill.
1. Requires DSS to provide training through partnerships with universities.
2. Requires the core competencies of effective child welfare practice to include
but not be limited to those competencies which are set forth in current law. SB NO. 467
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Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill.
1. Technical amendment with clarifying language