Legislature(2003 - 2004)

03/10/2003 01:32 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB 123-ELIMINATE REVIEW OF ADOPTION SUBSIDIES                                                                      
                                                                                                                                
CHAIR DYSON announced SB 123 to be up for consideration.                                                                        
                                                                                                                                
MR. LINDSTROM  said SB 123 is  an act relating to  adoptions that                                                               
include a subsidy paid by the  state after adoption of a hard-to-                                                               
place child has occurred.                                                                                                       
                                                                                                                                
He explained  that under current  law the department  is required                                                               
to annually  review the subsidy  payment amounts for  each person                                                               
who  has an  adoption  or  a guardianship.  SB  123 repeals  that                                                               
requirement and instead, individuals  would retain the ability to                                                               
petition the department at any time  for a subsidy review and the                                                               
department would do  so. This is an efficiency  measure and would                                                               
save a fair  amount of staff time. The  adoption assistance cost-                                                               
saving proposal  language is also  in HB 166. Annual  reviews are                                                               
not an effective  strategy to reduce or contain the  costs of the                                                               
program.                                                                                                                        
                                                                                                                                
CHAIR  DYSON asked  what  percentage  of them  got  changed as  a                                                               
result of the annual review.                                                                                                    
                                                                                                                                
MR.  LINDSTROM replied  that a  significant  number of  subsidies                                                               
were changed as a result of the reviews.                                                                                        
                                                                                                                                
MS.  JOANNE GIBBENS,  Program Administrator,  Division of  Family                                                               
and  Youth Services,  responded  that she  didn't  have an  exact                                                               
number, but could  get it for him. She said  there are times when                                                               
subsidies are decreased,  but the majority of  them are increased                                                               
by virtue of the annual review.                                                                                                 
                                                                                                                                
CHAIR  DYSON declared  a  conflict of  interest  as his  youngest                                                               
daughter is a legal guardian  of two children who are subsidized.                                                               
One of those children was a  danger to her infant children and he                                                               
is taking care of that child and receiving the subsidy.                                                                         
                                                                                                                                
SENATOR  GREEN  noted  that  any parent  can  still  request  the                                                               
review.                                                                                                                         
                                                                                                                                
SENATOR DAVIS  said there are  more increases than  decreases and                                                               
asked if there was anything  in the suggested language that would                                                               
prevent a requested review from taking place in a timely manner.                                                                
                                                                                                                                
MS. GIBBENS replied no.                                                                                                         
                                                                                                                                
CHAIR DYSON  commented that the  department could do a  review if                                                               
they thought they were being taken advantage of.                                                                                
                                                                                                                                
MS. GIBBENS replied  that they could do a review  at anytime, but                                                               
a subsidy  may not  be decreased without  the concurrence  of the                                                               
adoptive parents or the legal guardian according to federal law.                                                                
                                                                                                                                
SENATOR GUESS  asked if the  administration was working  with the                                                               
federal government to change that federal policy.                                                                               
                                                                                                                                
MR. LINDSTROM replied that this was not an item.                                                                                
                                                                                                                                
SENATOR GUESS asked if the process  of requesting a review at any                                                               
time is in statute or regulation.                                                                                               
                                                                                                                                
MS. GIBBENS replied that she thought  it was in DHSS's policy and                                                               
procedure.                                                                                                                      
                                                                                                                                
SENATOR  GUESS suggested  if it's  in policy  and procedures  and                                                               
they  are  deleting  a  particular  clause,  they  should  insert                                                               
language  stating that  the parents  have  a right  to request  a                                                               
review. She pointed  out, "It seems that's an  important right to                                                               
have, especially  if you are  adopting a young child  whose needs                                                               
may change over time."                                                                                                          
                                                                                                                                
SENATOR GUESS then asked what she  thought the impact would be on                                                               
finding enough people  to go through the  adoption process versus                                                               
being a  foster parent,  because the  adoption process  is really                                                               
better for the child and better for the community.                                                                              
                                                                                                                                
MS.  GIBBENS said  she  didn't think  it would  have  much of  an                                                               
impact.  DHSS will  make  it clear  to  all perspective  adoptive                                                               
parents that the  parents have a right to request  an increase in                                                               
their subsidy if the needs of the child change over time.                                                                       
                                                                                                                                
SENATOR GUESS asked what the timeline is for a review.                                                                          
                                                                                                                                
MS. GIBBENS replied  that the formal review process  is done once                                                               
a year in the fourth quarter.                                                                                                   
                                                                                                                                
SENATOR GUESS asked how long the process takes.                                                                                 
                                                                                                                                
MS. GIBBENS replied  that it would be about  a one-month process,                                                               
depending on the circumstances.                                                                                                 
                                                                                                                                
CHAIR  DYSON  announced an  at-ease  so  that Ms.  Gibbens  could                                                               
locate the  language that states  that the parents can  request a                                                               
review.                                                                                                                         
                                                                                                                                
SENATOR  GREEN  pointed out  that  the  original reason  for  the                                                               
review was cost  containment and that is not occurring.  It was a                                                               
cost saving measure  for the state, not a vehicle  for parents to                                                               
raise their subsidy.                                                                                                            
                                                                                                                                
SENATOR DAVIS said she thought the  state had to abide by federal                                                               
laws and asked if that language should be in state law also.                                                                    
                                                                                                                                
MR. LINDSTROM  responded that  the department  would be  bound by                                                               
the  federal  provision to  the  extent  that the  assistance  is                                                               
provided  by   federal  4(e)  dollars.  Of   the  1,530  adoption                                                               
subsidies, 1,277 are federal and 253 are state.                                                                                 
                                                                                                                                
TAPE 03-9, SIDE B                                                                                                             
                                                                                                                              
CHAIR DYSON announced an at-ease from 2:27-2:30 p.m.                                                                            
                                                                                                                              
MS. GIBBENS confirmed that the right to review language is in                                                                   
the department's policy and procedures.                                                                                         
                                                                                                                                
CHAIR DYSON requested a copy of the federal and department                                                                      
language for the committee. He wondered if any parent groups had                                                                
been contacted on this issue or have provided any feedback.                                                                     
                                                                                                                                
SENATOR GREEN moved to pass SB 123 and the fiscal notes out of                                                                  
committee with individual recommendations. There were no                                                                        
objections and it was so ordered.                                                                                               

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