Child Welfare Workforce Support Act

II 116TH CONGRESS 1ST SESSION S. 1070 To require the Secretary of Health and Human Services to fund demonstra- tion projects to improve recruitment and retention of child welfare work- ers. IN THE SENATE OF THE UNITED STATES APRIL 9, 2019 Mr. KAINE introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to fund demonstration projects to improve recruitment and retention of child welfare workers. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Child Welfare Work- 4 force Support Act’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to demonstrate the impact 7 of recruitment and retention strategies in the child welfare 8 workforce and identify effective evidence-based strategies 9 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 2 •S 1070 IS for improved worker recruitment, retention, and advance- 1 ment. 2 SEC. 3. DEFINITIONS. 3 In this Act— 4 (1) the term ‘‘caseworker’’ means an individual 5 employed or contracted by a State who works in the 6 field of prevention, identification, and treatment of 7 child abuse and neglect; 8 (2) the term ‘‘child welfare workforce’’ means 9 professional and paraprofessional personnel em- 10 ployed by, or affiliated with, a State in the fields of 11 health care, medicine, law enforcement, judiciary, so- 12 cial work and child protection, education, child care, 13 and other relevant fields, or individuals such as 14 court appointed special advocates or guardian ad 15 litem, who are engaged in, or intend to work in, the 16 field of prevention, identification, and treatment of 17 child abuse and neglect; 18 (3) the term ‘‘Indian Tribe’’ has the meaning 19 given the term ‘‘Indian tribe’’ in section 4 of the In- 20 dian Self-Determination and Education Assistance 21 Act (25 U.S.C. 450b); 22 (4) the term ‘‘secondary trauma’’ means the 23 secondary traumatic stress or vicarious trauma that 24 can occur when a professional experiences stress or 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 3 •S 1070 IS symptoms of trauma when working with children 1 and families who are experiencing abuse, neglect, or 2 family violence; 3 (5) the term ‘‘Secretary’’ means the Secretary 4 of Health and Human Services; and 5 (6) the term ‘‘State’’ has the meaning given 6 such term in section 3 of the Child Abuse Preven- 7 tion and Treatment Act (42 U.S.C. 5101 note). 8 SEC. 4. DEMONSTRATION PROGRAM. 9 (a) IN GENERAL.—The Secretary shall conduct a 5- 10 year demonstration program under which the Secretary 11 awards, on a competitive basis, grants to eligible entities 12 to plan and implement activities to achieve the strategic 13 objectives described in subsection (d) with respect to the 14 child welfare workforce. 15 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 16 grant under this section, an entity shall be a State or local 17 governmental agency, Indian Tribe or Tribal organization, 18 a nonprofit entity, or the lead entity administering a grant 19 to the applicable State or Indian Tribe under title II of 20 the Child Abuse Prevention and Treatment Act (42 U.S.C. 21 5116 et seq.). 22 (c) APPLICATIONS.—An eligible entity desiring a 23 grant under this section shall submit an application to the 24 Secretary at such time, in such manner, and containing 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 4 •S 1070 IS such information as the Secretary may require, includ- 1 ing— 2 (1) a description of the strategic objectives de- 3 scribed in subsection (d) that the eligible entity in- 4 tends to strengthen the child welfare workforce; 5 (2) a description of the eligible entity and evi- 6 dence of the eligible entity’s capacity to carry out ac- 7 tivities to achieve the strategic objectives as de- 8 scribed under paragraph (1); 9 (3) an analysis of child welfare workforce needs 10 of the State, and barriers to recruitment and reten- 11 tion of such workforce, including the impact of case- 12 loads, salaries, and workplace violence prevention 13 plans on retention, and which may include consider- 14 ation of any employee surveys on the organizational 15 structure of relevant entities; 16 (4) a description of the current or prospective 17 employees that will be targeted or recruited by the 18 strategic objectives selected from subsection (d), in- 19 cluding an analysis of the demographic characteris- 20 tics of the child welfare workforce; 21 (5) a description of the activities the eligible en- 22 tity intends to undertake to sustainable progress to- 23 wards achieving such strategic objectives; 24 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 5 •S 1070 IS (6) a description of the performance measures 1 the eligible entity intends to use to measure progress 2 towards achieving such strategic objectives; 3 (7) a description of the eligible entity’s pre- 4 service training and continuum of support that such 5 entity intends to use for the child welfare workforce, 6 including professionalization of the supervisory 7 workforce; 8 (8) a description of the Federal and non-Fed- 9 eral resources, available under provisions of law 10 other than this section and the Child Abuse Preven- 11 tion and Treatment Act (42 U.S.C. 5101 et seq.), 12 that will be leveraged in support of the activities 13 under the grant; 14 (9) a timeline for implementing and making 15 progress towards achieving such strategic objectives, 16 and assurances that the eligible entity will provide 17 periodic reports to the Secretary on such progress, 18 as the Secretary may require; and 19 (10) an identification of technology infrastruc- 20 ture updates the eligible entity intends to employ in 21 order to improve case worker support. 22 (d) STRATEGIC OBJECTIVES.—The activities to be 23 carried out under each grant awarded under this section 24 shall be designed to achieve strategic objectives that— 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 6 •S 1070 IS (1) include— 1 (A) analysis of the child welfare workforce 2 needs in the applicable State, in order to reduce 3 barriers to recruitment, development, and reten- 4 tion of such workforce, which may include con- 5 ducting a time study to determine how the child 6 welfare workforce allocated working hours to- 7 ward required work activities; 8 (B) planning for the recruitment, hiring, 9 and pre-service training of prospective case- 10 workers and other members of the child welfare 11 workforce, utilizing evidence-based, evidence-in- 12 formed, or other promising practices; 13 (C) planning for ongoing professional de- 14 velopment opportunities and continuum of sup- 15 port to improve retention of child welfare work- 16 force; and 17 (D) consideration of best practices to meet 18 the unique needs and development of infants, 19 children, and youth, including such individuals 20 with disabilities and children under the age of 21 3; and 22 (2) may include updating technology infrastruc- 23 ture in child welfare work systems and data sharing 24 across child-serving systems. 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 7 •S 1070 IS (e) AWARD REQUIREMENTS.— 1 (1) DURATION.—Each grant awarded under 2 this section shall be for a period not to exceed 5 3 years, subject to the availability of funds. 4 (2) AMOUNT.—Each grant awarded under this 5 section shall be in an amount that is not more than 6 $100,000 per year for the duration of the grant pe- 7 riod. An eligible entity receiving a grant under this 8 section may allocate not more than 5 percent of the 9 funds awarded through a grant under this section to 10 administrative expenses. 11 (3) ALLOCATION OF AWARDS.—The Secretary 12 shall award up to 10 grants to States or counties 13 and up to 3 grants to Indian Tribes, and shall en- 14 sure that grantees are regionally diverse and serve 15 both rural and urban populations. 16 (4) PRIORITY.—In awarding grants under this 17 section, the Secretary shall give priority to eligible 18 entities that have high rates of child welfare work- 19 force turnover. 20 (f) DEMONSTRATION PROJECT ACTIVITIES.— 21 (1) REQUIRED ACTIVITIES.—To achieve the 22 strategic objectives identified in an eligible entity’s 23 application under subsection (c)(3), each eligible en- 24 tity receiving a grant under this section shall carry 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 8 •S 1070 IS out the following activities, in a manner that inte- 1 grates services and funding sources to ensure effec- 2 tiveness of the activities and that uses the grant 3 funds efficiently: 4 (A) RECRUITMENT AND HIRING EF- 5 FORTS.—The eligible entity shall provide serv- 6 ices to expand awareness of, interest in, and 7 preparation for, careers in the child welfare 8 workforce, which— 9 (i) shall include prioritizing recruit- 10 ment of nontraditional candidates (such as 11 older workers transitioning from other 12 fields or reentering the workforce after 13 raising families; candidates whose race, 14 ethnicity, and language capacity are reflec- 15 tive of communities they will be serving; or 16 students); and 17 (ii) may include— 18 (I) updating child welfare work- 19 force marketing and recruitment ma- 20 terials; 21 (II) developing partnerships be- 22 tween the State and institutions of 23 higher education to implement train- 24 ing programs specific to the needs of 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 9 •S 1070 IS the child welfare workforce of the 1 State; 2 (III) providing internship and job 3 shadowing opportunities for individ- 4 uals considering careers in the child 5 welfare workforce; 6 (IV) developing a competency- 7 based recruitment, screening, and se- 8 lection process that may include com- 9 pletion of realistic caseworker exer- 10 cises; 11 (V) developing and using simula- 12 tion activities to share with potential 13 new caseworkers during the applica- 14 tion process; 15 (VI) creating materials depicting 16 real job experiences and interactions 17 with clients, emphasizing the direct 18 impact that caseworker turnover has 19 on children; and 20 (VII) developing publicly avail- 21 able career opportunity hub and offer 22 position matching services. 23 (B) SUPPORT SERVICES.—The eligible en- 24 tity shall provide services to support the success 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 10 •S 1070 IS of individuals employed by a child welfare agen- 1 cy, which shall include the following: 2 (i) EARLY EMPLOYMENT SERVICES.— 3 Services provided to such individuals who 4 are in their first 6 months of employment 5 in the child welfare workforce, to ensure 6 that such individuals succeed in such ca- 7 reers, including— 8 (I) mentoring from colleague 9 with 2 or more years of child welfare 10 work experience and may include com- 11 pensation for mentors; 12 (II) phased training and orienta- 13 tion over initial 6 months of employ- 14 ment, including explicit training re- 15 lated to identifying traumatic stress 16 and secondary traumatic stress and 17 support resources available to employ- 18 ees; 19 (III) joint field visits with experi- 20 enced child welfare worker; and 21 (IV) low-risk initial caseload as- 22 signment with gradual increase in 23 caseload size and difficulty. 24 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 11 •S 1070 IS (ii) EMPLOYMENT SERVICES.—Serv- 1 ices to ensure that such individuals em- 2 ployed by the State for more than 6 3 months have access to ongoing professional 4 development and support to increase job 5 sustainability and long-term retention, 6 which— 7 (I) shall include— 8 (aa) providing peer men- 9 toring, a crisis helpline, and on- 10 site crisis response to address 11 traumatic stress and secondary 12 traumatic stress for caseworkers; 13 (bb) providing support for 14 supervisory personnel, including 15 by conducting interviews, to as- 16 sist employees in long-term ca- 17 reer planning and discuss oppor- 18 tunities for advancement within 19 the child welfare workforce; 20 (cc) developing best prac- 21 tices to address caseworker burn- 22 out and other areas known to in- 23 crease turnover; and 24 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 12 •S 1070 IS (dd) providing a system of 1 career advancement with wage 2 progression and opportunities to 3 attain further education and pro- 4 fessional development; and 5 (II) may include— 6 (aa) creating additional posi- 7 tions to achieve manageable case- 8 loads that reflect industry stand- 9 ards such as coaches, mental 10 health specialists, substance 11 abuse specialists, homelessness 12 specialist, developmental dis- 13 ability specialists, and child psy- 14 chiatrists; 15 (bb) safety awareness train- 16 ing and supports in the field; 17 (cc) providing multi-modal 18 training opportunities (such as 19 eLearning, blended classroom, 20 video, webinar, and tools and job 21 aids); and 22 (dd) providing employee 23 wellness programs and edu- 24 cational leave. 25 VerDate Sep 11 2014 19:56 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1070.IS S1070 jbell on DSK30RV082PROD with BILLS 13 •S 1070 IS (2) TECHNOLOGY INFRASTRUCTURE.—In addi- 1 tion to the activities under paragraph (1), an eligible 2 entity receiving a grant under this section may use 3 such grant funds to identify and act upon opportuni- 4 ties for technology infrastructure updates to State 5 systems to support the child welfare workforce, 6 which may include— 7 (A) ensuring technological accessibility for 8 child welfare workers and other systems serving 9 chil [Text truncated for display. 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