Florida Statute 402.402 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 402
HEALTH AND HUMAN SERVICES: MISCELLANEOUS PROVISIONS

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F.S. 402.402

402.402 Child protection and child welfare personnel; attorneys employed by the department.—

(1) CHILD PROTECTIVE INVESTIGATION PROFESSIONAL STAFF REQUIREMENTS.—The department is responsible for recruitment of qualified professional staff to serve as child protective investigators and child protective investigation supervisors. The department shall make every effort to recruit and hire persons qualified by their education and experience to perform social work functions. The department’s efforts shall be guided by the goal that at least half of all child protective investigators and supervisors will have a bachelor’s degree or a master’s degree in social work from a college or university social work program accredited by the Council on Social Work Education. The department, in collaboration with the lead agencies, subcontracted provider organizations, the Florida Institute for Child Welfare created pursuant to s. 1004.615, and other partners in the child welfare system, shall develop a protocol for screening candidates for child protective positions which reflects the preferences specified in paragraphs (a)-(c). The following persons shall be given preference in the recruitment of qualified professional staff, but the preferences serve only as guidance and do not limit the department’s discretion to select the best available candidates:

(a) Individuals with baccalaureate degrees in social work and child protective investigation supervisors with master’s degrees in social work from a college or university social work program accredited by the Council on Social Work Education.

(b) Individuals with baccalaureate or master’s degrees in psychology, sociology, counseling, special education, education, human development, child development, family development, marriage and family therapy, and nursing.

(c) Individuals with baccalaureate degrees who have a combination of directly relevant work and volunteer experience, preferably in a public service field related to children’s services, demonstrating critical thinking skills, formal assessment processes, communication skills, problem solving, and empathy; a commitment to helping children and families; a capacity to work as part of a team; an interest in continuous development of skills and knowledge; and personal strength and resilience to manage competing demands and handle workplace stresses.

(2) SPECIALIZED TRAINING.—All child protective investigators and child protective investigation supervisors employed by the department must complete the following specialized training:

(a) Training on the recognition of and responses to head trauma and brain injury in a child under 6 years of age developed by the Child Protection Team Program within the Department of Health.

(b) Training that is either focused on serving a specific population, including, but not limited to, medically fragile children, sexually exploited children, children under 3 years of age, or families with a history of domestic violence, mental illness, or substance abuse, or focused on performing certain aspects of child protection practice, including, but not limited to, investigation techniques and analysis of family dynamics.

The specialized training may be used to fulfill continuing education requirements under s. 402.40(3)(e). Individuals hired on or after July 1, 2014, shall complete the specialized training within 2 years after hire. An individual may receive specialized training in multiple areas.

(3) STAFF SUPPORT.—The department shall implement policies and programs that mitigate and prevent the impact of secondary traumatic stress and burnout among child protective investigations staff, including, but not limited to:

(a) Initiatives to encourage and inspire child protective investigations staff, including recognizing their achievements on a recognition wall within their unit.

(b) Formal procedures for providing support to child protective investigations staff after a critical incident such as a child fatality.

(c) Initial training upon appointment to a supervisory position and annual continuing education for all supervisors on how to prevent secondary traumatic stress and burnout among the employees they supervise.

(d) Monitoring levels of secondary traumatic stress and burnout among individual employees and intervening as needed. The department shall closely monitor and respond to levels of secondary traumatic stress and burnout among employees during the first 2 years after hire.

(e) Ongoing training in self-care for all child protective investigations staff.

Such programs may also include, but are not limited to, formal peer counseling and support programs.

(4) REPORT.—By each October 1, the department shall submit a report on the educational qualifications, turnover, professional advancement, and working conditions of the child protective investigators and supervisors to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(5) ATTORNEYS EMPLOYED BY OR CONTRACTING WITH THE DEPARTMENT TO HANDLE CHILD WELFARE CASES.—Attorneys hired or contracted with on or after July 1, 2014, whose primary responsibility is representing the department in child welfare cases shall, within the first 6 months of employment, receive training in all of the following:

(a) The dependency court process, including the attorney’s role in preparing and reviewing documents prepared for dependency court for accuracy and completeness.

(b) Preparing and presenting child welfare cases, including at least 1 week shadowing an experienced children’s legal services attorney preparing and presenting cases.

(d) Developing information presented by investigators and case managers to support decisionmaking in the best interest of children.

(e) The experiences and techniques of case managers and investigators, including shadowing an experienced child protective investigator and an experienced case manager for at least 8 hours.

(f) The recognition of and responses to head trauma and brain injury in a child under 6 years of age.

History.—s. 23, ch. 2014-224; s. 8, ch. 2020-40; s. 3, ch. 2020-152; s. 28, ch. 2021-51; s. 12, ch. 2023-77.

F.S. 402.402 on Google Scholar

F.S. 402.402 on Casetext

Amendments to 402.402

Arrestable Offenses / Crimes under Fla. Stat. 402.402

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 402.402.

Annotations, Discussions, Cases:

Cases Citing Statute 402.402

Total Results: 20

Alagabara Awolowo v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-05-22

Snippet: him.’” (quoting Dusky v. United States, 362 U.S. 402, 402 (1960))). And “not every manifestation of mental

Markeith D. Loyd v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2023-11-16

Snippet: 2007) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)). The trial court thoroughly explained

BRIGITTE GURSKY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-11-24

Snippet: 1998) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)); see also Fla. R. Crim. P. 3.211(a)(1)

Barry A. Noetzel v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2021-11-10

Snippet: against him.” Dusky v. United States, 362 U.S. 402, 402 (1960) (quoting Solicitor General’s suggestion)

Angel Santiago-Gonzalez v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2020-06-25

Snippet: 1985) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)). Santiago-Gonzalez argues that the trial

Michael Paul Rodgers v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 270 So. 3d 452

Snippet: 2007) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)). 5 Rodgers argues that the de novo

KENNETH PEREZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-09-21

Snippet: ")); see Dusky v. United States, 362 U.S. 402, 402 (1960) (holding that to determine whether a person

Anthony Paul Peoples, Jr. v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-07-09

Citation: 251 So. 3d 291

Snippet: 2007) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)). If reasonable grounds to question the

Jeremiah Butler v. Julie L. Jones Florida Department etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-08-14

Citation: 225 So. 3d 923, 2017 WL 3469594, 2017 Fla. App. LEXIS 11640

Snippet: (citing Bedford v. State, 775 So.2d 402, 402 (Fla. 4th DCA 2000)); Brown v. State,

Robert L. Rumph v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 217 So. 3d 1092, 2017 WL 1372097, 2017 Fla. App. LEXIS 5110

Snippet: 2007) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); accord §

Gudmestad v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-07

Citation: 209 So. 3d 602, 2016 Fla. App. LEXIS 17987

Snippet: against him.” Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) (emphasis

Parrish v. RL Regi Financial, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-06-29

Citation: 194 So. 3d 571, 2016 Fla. App. LEXIS 9967, 2016 WL 3549423

Snippet: Inc. v. City Ctr. Bonds, LLC, 161 So.3d 402, 402 (Fla. 2d DCA 2014); Rydell v. Rutter,

Whitfield v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-05-22

Citation: 164 So. 3d 745, 2015 Fla. App. LEXIS 7708, 2015 WL 2414514

Snippet: 2007) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (I960)). The trial

& SC12-2161 John Steven Huggins v. State of Florida & John Steven Huggins v. Michael D. Crews, etc. - Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2015-04-02

Snippet: 2007) (quoting Dusky v. United States, 362 U.S. 402, 402 (1960)) (holding that the trial court must decide

Travis Washington v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-03-18

Citation: 162 So. 3d 284, 2015 Fla. App. LEXIS 3883, 2015 WL 1223667

Snippet: (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see

John Steven Huggins v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-10-09

Citation: 161 So. 3d 335

Snippet: (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)) (holding

Gregory David Larkin v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-05-22

Citation: 147 So. 3d 452, 2014 Fla. LEXIS 1671

Snippet: ” Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960); see

Hernandez-Alberto v. State

Court: Supreme Court of Florida | Date Filed: 2013-07-03

Citation: 126 So. 3d 193, 2013 WL 3334919

Snippet: 1998) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); see also

Rodriguez v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-24

Citation: 112 So. 3d 618, 2013 WL 1748834, 2013 Fla. App. LEXIS 6571

Snippet: 1998) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); Muhammad

Pardo v. State

Court: Supreme Court of Florida | Date Filed: 2012-12-04

Citation: 108 So. 3d 558, 2012 WL 6935117, 2012 Fla. LEXIS 2570

Snippet: competency set out in Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960), and Florida