To amend chapter 660, RSMo, by adding thereto three new sections relating to the establishment of caseload standards for certain employees of the department of social services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 660, RSMo, is amended by adding thereto three new sections, to be known as sections 660.020, 660.023 and 660.026, to read as follows:

     660.020. For the purposes of sections 660.020 to 660.026, the following terms mean:

     (1) "Caseload standards", the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by, or the number of different job functions performed by, the employee;

     (2) "Department", the department of social services;

     (3) "Director", the director of the department of social services;

     (4) "Professional caseload standards", caseload standards that are defined by national organizations such as the Child Welfare League, National Eligibility Workers Associations and the National Association of Social Workers, or caseload standards used in other states which have similar job titles.

     660.023. 1. The director shall develop caseload standards based on the actual duties of employees in each program area of the department. The director shall consider the recommendations of the caseload standards advisory committee, established pursuant to section 660.026 when developing these caseload standards.

     2. In establishing standards pursuant to sections 660.020 to 660.026, the director shall:

     (1) Ensure the standards are based on the actual duties of the caseworker;

     (2) Ensure the standards are consistent with existing professional caseload standards; and

     (3) Consider standards developed by other states for workers in similar positions of employment.

     3. Such standards shall be used by the director as the basis of the department's personnel budget request to the governor.

     4. If an employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, good faith efforts to complete such assignments shall be among the factors considered in the employee's performance evaluation and before any disciplinary action is imposed. If an employee's performance evaluation is lowered or discipline is imposed by a supervisor, because the employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, the employee may file a grievance based on a claim of work expectations that exceed caseload standards, and the employee shall be entitled to an accelerated hearing of that grievance by the director.

     5. Subject to appropriations, the department shall use the standards established pursuant to sections 660.020 to 660.026 to assign caseloads to individual employees.

     6. The director shall promulgate rules prescribing the standards provided for in this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

     660.026. 1. The director shall convene, at least biannually, a caseload standards advisory committee which shall consist of seven nonsupervisory employees of the department and three division directors of the department or their designees. A representative of the employees' certified majority organization shall also serve on the committee. The caseload standards advisory committee shall include as nearly as possible employees from each program area of the department.

     2. The caseload standards advisory committee shall review professional and other caseload standards and recommendations the committee considers appropriate and recommend to the department suggestions for minimum and maximum caseloads for each category of workers employed by the department.