Legislature(2001 - 2002)
08/22/2002 01:15 PM House BUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
JOINT COMMITTEE ON
LEGISLATIVE BUDGET & AUDIT
August 22, 2002
1:15 p.m.
SENATE MEMBERS PRESENT
Senator Lyman Hoffman
Senator Gary Wilken
Chair Gene Therriault
HOUSE MEMBERS PRESENT
Representative John Harris
Representative Ken Lancaster
Representative Eldon Mulder
Representative John Davies
Vice Chair Hugh Fate
SENATE MEMBERS ABSENT
Senator Jerry Ward
Senator Randy Phillips
Senator Dave Donley
HOUSE MEMBERS ABSENT
Representative Reggie Joule
COMMITTEE CALENDAR
REVISED PROGRAMS (RPLs)
OTHER COMMITTEE BUSINESS
AUDIT REPORTS
VETERANS' HOME STUDY
AUDIT REQUESTS
FEDERAL REVIEW OF DIVISION OF FAMILY & YOUTH SERVICES
PREVIOUS ACTION
No previous action to record
WITNESS REGISTER
SUSAN SCUDDER, Executive Director
Council on Domestic Violence & Sexual Assault
Department of Public Safety
P.O. Box 111200
Juneau, AK 99811-1200
KAREN REHFIELD, Director
Education Support Services
Department of Education and Early Development
801 W 10th Street, Suite 200
Juneau, Alaska 99801-1894
POSITION STATEMENT: Discussed RPL Number 05-02-0845.
STAN FOO, Mining Section Manager
Division of Mining, Land & Water
Department of Natural Resources
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550 W 7 Avenue, Suite 650
Anchorage, AK 99501-3576
MILT WILTSE, Director
Division of Geological & Geophysical Surveys
Department of Natural Resources
794 University Avenue, Suite 200
Fairbanks, AK 99707-3645
NICO BUS, Administrative Services Manager
Division of Support Services
Department of Natural Resources
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400 Willoughby Avenue, 5 Floor
Juneau, AK 99801-1724
KARLA SCHOFIELD, Deputy Director
Legislative Affairs Agency
State Capitol
Juneau, AK 99801-1182
Room 222 Terry Miller Bldg
PHILLIP VOLLAND
Volland & Taylor, PC
211 H Street
Anchorage, AK 99501
PAT DAVIDSON, Legislative Auditor
Division of Legislative Audit
Alaska State Legislature
333 Willoughby Avenue
P.O. Box 113300
Juneau, Alaska 99811-3300
POSITION STATEMENT: Spoke on behalf of the Division of
Legislative Audit.
HEATHER BRAKES, Staff
Senator Therriault
Joint Committee on Legislative Budget & Audit
Alaska State Legislature
Capitol Building, Room 121
Juneau, AK 99801
POSITION STATEMENT: Testified with regard to the education
study.
NANCY SLAGLE, Director
Division of Administrative Services
Department of Transportation & Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Explained the need to change the title of
four projects.
DAVID TEAL, Legislative Fiscal Analyst
Legislative Finance Division
Alaska State Legislature
PO BOX 113200
Juneau, Alaska 99811
POSITION STATEMENT: Spoke on behalf of the Legislative Finance
Division.
TAPE LBA 6, SIDE A
CHAIR GENE THERRIAULT called the Joint Committee on Legislative
Budget & Audit to order at 1:15 p.m. on Thursday, August 22,
2002. Senators Therriault, Hoffman, and Wilken, and
Representatives Harris, Lancaster, Davies, and Fate were all
present at the roll call.
REVISED PROGRAMS (RPLs)
RPL Number: 06-03-0082
CHAIR THERRIAULT announced that the first order of business
would be the RPL for the Department of Health & Social Services,
Juvenile Offender "Going Home" Re-Entry Initiative.
LAURA BAKER, Budget Chief, Division of Administrative Services,
Department of Health and Social Services, explained that the
request before the committee is related to the $211,881 federal
receipts from the U.S. Department of Justice under the serious
and violent offender re-entry initiative. The funds will be
used by the Division to enhance the management of juveniles that
are being released after long term confinement from the
McGaughlin Youth Center.
VICE CHAIR FATE asked if a motion should be made.
CHAIR THERRIAULT stated that would be fine after the discussion
wraps up. He then asked Ms. Baker why the funding was not
included in the budget.
MS. BAKER replied that because the original grant proposal
stated the funding would go to private non-profits the Division
did not apply for the grant. In July of 2002 the division
received official notification that the focus of the grants had
changed and would be going to state agencies that would
coordinate with community partners. That notification came on
July 22, 2002.
CHAIR THERRIAULT asked if there were questions of the committee
members. And noted that Legislative Finance had stated that no
general funds were needed for this project in future years,
general funds may be required to secure alternative funding
sources. He wanted to know if that was for any future match
requirement.
PEGGY WARE, Division of Juvenile Justice, Department of Health &
Social Services stated that at this point the federal government
funding for research and programs for re-entry programs so at
this point they don't anticipate the use of general funds.
SENATOR HOFFMAN inquired about the bulk of the funds being used
as grant money and wanted to know where the grants would be
going.
LAURA BAKER stated the grant money would go to Alaska Children's
services.
There were no further questions from committee members.
VICE CHAIR FATE moved that the Committee approve RPL 06-03-0082.
With no opposition the RPL was approved.
RPL 10-03-4023
CHAIR THERRIAULT moved to the next RPL 10-03-4023 USGS Stream
Gaging Program, and asked who was present from the Department to
discuss the RPL.
NICO BUS, Director of Administrative Services, Department of
Natural Resources explained the RPL. The project was previously
funded through the Department of Community and Regional Affairs.
CHAIR THERRIAULT stated that the Division of Legislative Finance
noted there were no general funds now or in the future. There
are no anticipated administrative costs that would be covered
with existing positions within the Department. The LBA
Committee staff did touch base with the finance and sub
committee staff overseeing the Department's budget and no
concern had been expressed.
VICE CHAIR FATE moved that the Committee approve RPL 10-03-4023.
There was no opposition to the motion so the RPL was approved.
RPL 10-03-4024
CHAIR THERRIAULT moved next to RPL 10-03-4024 Kensington Mine
Project.
MR. BUS presented the RPL to the committee explaining that the
project was for $500,000. The U.S. Forest Service is the
recipient of the grant and will pass through to the Department.
CHAIR THERRIAULT asked if the company was in Washington D.C.
negotiating with Congressional members on this and the
department was just unaware of it during the budget process.
STAN FOO, Section Chief, Division of Mining, Land, & Water,
Department of Natural Resources. He explained that Kensington
did successfully work with Congressional delegation to secure
the funds this last year.
CHAIR THERRIAULT asked if the department was advised that the
negotiations were on-going and that is why there was nothing in
the budget.
MR. FOO replied that as far as he knew the department was
unaware of the negotiations.
REP. LANCASTER asked that the amount of the RPL be clarified.
MR. FOO replied that $202,000 was the estimated amount for FY 03
and the remainder would be rolled over to the next fiscal year
to finalize the permitting.
CHAIR THERRIAULT wanted to clarify that the Committee not
augment any future years' budgets but deal only with the current
fiscal year.
REPRESENTATIVE LANCASTER again asked for clarification on the
amount of the request.
CHAIR THERRIAULT stated it was $202,000 for FY 03 and the
remainder will appear in the Governor's proposed budget for
Fiscal Year 04.
VICE CHAIR FATE moved that the Committee approve RPL 10-03-4024.
There being no opposition the RPL was approved.
RPL Number: 10-03-4025
CHAIR THERRIAULT moved next to RPL 10-03-4025 Department of
Natural Resources, Multiple Federal Projects. He asked Mr. Bus
to explain the request.
MR. BUS presented the RPL stating it was for multiple federal
projects in the development division. For these different
projects that the department needs receipt of federal funding.
Three of the projects were considered during the legislative
session in the supplemental, but by the time the supplemental
budget was passed and the projects were started, the funds could
not be expended in FY 02. Those projects are Geophysics for the
Delta River Mining Area, Methane and Metal Access Corridor, and
[inaudible].
These projects are time sensitive. The funds will be passed
through the Bureau of Land Management.
MR. MILT WILTSE, Division of Geological & Geophysical Surveys,
Department of Natural Resources said he didn't have anything to
add but was available for questions.
SENATOR HOFFMAN asked about the first project on the page
referring to the Aniak Mining District project and asked where
the project originated from as he was unaware of it. Was this
something that the Kuskokwim area sought after or is it
something that has come from other interested parties?
MR. WILTSE stated that the request has come primarily from the
Bureau of land management. In the case of the Aniak Mining
project they've been working very closely with the Chalista
Regional Native Corporation and have held several meetings with
them. The representatives have been part of this [inaudible . .
.] the Bureau of Land Management have been working with the
Native Corporation and the different mining groups in the area.
SENATOR HOFFMAN asked if this has anything additional to do with
the Donlin Creek activity that is under study.
MR. WILTSE stated that Donlin Creek was over flown in a previous
BLM geophysical survey in that area. He went on to state that
what this will do is extend the airborne geophysical coverage to
the East and to the South. During the meetings with the
Chalista Corporation, one of the things that BLM was trying to
ascertain was where the previous pilot survey areas were in
terms of having the best chances of identifying additional
mineralization. He didn't believe it would be connected to down
the creek. It would be new areas of mineralization.
SENATOR HOFFMAN stated the Mr. Wiltse addressed the issue that
Chalista has been informed of this, but wanted to know if the
board members had been informed as well.
MR. WILTSE said he could not speak to that. He said they had
been only dealing with the mineral group and assumed that they
answered to the board.
SENATOR HOFFMAN asked that Mr. Wiltse keep his office informed
of the expenditure of the funds so he can make sure that the
board members were informed.
CHAIR THERRIAULT stated that Mr. Wiltse has maintained a list of
areas that as funding becomes available the division continues
down that list of flying and do the airborne mapping.
MR. WILTSE answered yes that was correct actually there are two
lists, one for the state and one for the federal lands.
CHAIR THERRIAULT asked that as far as the Aniak area being added
they would have been on a list for a while waiting for funding
to become available.
MR. WILTSE replied that they have an airport survey scheduled
for that area but not for this particular area. This is
something that is of interest because it has build-potential but
a lot of it is on federal land. In cases of this nature the
division tends not to fly them with state money because they
don't have as much control of access as if it were state lands.
VICE CHAIR FATE moved that Committee approve RPL 10-03-4025.
There being no opposition the RPL was approved.
RPL Number: 12-03-0026
CHAIR THERRIAULT stated that if any members needed to drop of
teleconference to please let him know. He moved to the next RPL
12-03-0026 Department of Public Safety Health Insurance Coverage
Assistance to Domestic Violence Shelters.
SUSAN SCUTTER, Council of Domestic Violence and Sexual Assault,
was present to present the RPL. The division was requesting
authority to expend federal funds that were received in the
amount of $486,100 to cover health insurance increases for the
non-profit programs statewide that the division supports. Ms.
Scudder stated that she would be happy to answer any questions.
CHAIR THERRIAULT asked why it was not contained in the operating
budget during the legislative budget process.
MS. SCUDDER replied that the department funds the shelters on a
two-year funding cycle and it is the second year. So the
increase was not anticipated. The Department was also
optimistic that HB 315 would pass and provide some relief for
the shelters.
CHAIR THERRIAULT noted that during the last four years the
Council had lapsed 22 percent of its federal authority. He
asked if the total amount could not be expended in FY 03 budget.
MS. SCUDDER stated no that the council receives a variety of
federal funds. She went on to state that the federal funds that
are obligated to the operating of the shelters are always fully
expended. The other federal funds that are received go over the
course of several federal fiscal years that sometimes projects
are not completed or go into other fiscal years.
REP. FATE moved that the Committee approve RPL 12-03-0026.
There being no opposition the RPL was approved.
RPL Number: 31-03-0001
CHAIR THERRIAULT moved on to the final RPL 31-03-0001
Legislative Affairs Agency, 2002 Russian Civic Hosting Program
During the Primary & November Elections.
KARLA SCHOFIELD, Deputy Director, Legislative Affairs Agency,
explained that the Legislature was requesting authority to
receive and expend $81,281 in federal funds from the Library of
Congress to bring two groups of Russians to Alaska to observe
the elections. Housing, air and ground transportation, and
translation interpretation will be provided. Notification for
receipt of the funds was not received until late in July 2002.
Ms. Schofield explained that this was the reason why the funds
were not included in the FY 03 budget process. She stated that
Rhonda Thompson, Legislative Staff, was in the Anchorage LIO to
answer any questions.
CHAIR THERRIAULT stated that because it was so close to the
primary election, was the group in Alaska and the Agency used
other funds and now it would be backfilling.
MS. SCHOFIELD said that the Presiding Officers had authorized
reimbursement of transportation and meal allowances as the
Russian Delegates had already arrived in Alaska.
REPRESENTATIVE DAVIES was unsure of the amount of the RPL as the
back-up showed $83,281.
MS. SCHOFIELD clarified the amount was $83,281 as requested.
VICE CHAIR FATE moved that the Committee approve RPL 31-03-0001.
There being no objection the RPL was approved.
OTHER COMMITTEE BUSINESS
CHAIR THERRIAULT moved to the invoices of the redistricting
board. He stated that each member should have received the back
up. The appropriation was granted to the Committee for
$2,789,000 section 55 of SB 2006. The last sentence of the
appropriation reads "the balance of the appropriation after the
Committee has paid the prevailing parties' fees was to be used
to pay legal fees of the redistricting board as determined
appropriate by the Legislative Budget & Audit Committee." The
committee has already paid the prevailing parties' district
court fees because the language in the appropriation stated the
committee must do so once determined by the Court Order.
CHAIR THERRIAULT stated that he did authorize a partial payment
while waiting to get the meeting scheduled in late July 2002.
He stated that Phil Volland and Vicki Otte, Chair of the
Redistricting Board were both present. He stated he had been
contacted by Bert Sharp member of the Board and former Senator
in support of payment. Also Charlie Cole had expressed support
as well as Ms. Otte. He hoped committee members had had a
chance to review the billings.
CHAIR THERRIAULT directed members to tab 4 in the binders. The
section had a break down of outstanding bills less the interim
payment left a total of $217,856 outstanding.
MR. VOLLAND stated he was present to answer questions and assist
the committee anyway he could.
CHAIR THERRIAULT stated that he had requested Pat Davidson to
take a look at the billings and the track those to what was
actually taking place in the trial. She indicated that those
look accurate. He stated he had a question on the July 20, 2002
billing. On the second page MDB paralegal billing was shown as
an hourly rate of $25/hour for archiving services. Senator
Therriault was concerned that the work should be more of a
secretarial type duty and not a legal fee.
MR. VOLLAND stated there were two reasons. He was asked in July
by State Archives to compile the fullest set of materials on
redistricting. He went on to explain that he asked for
authority from the Board to pay his staff to do so because it
was about 60,000 pages altogether. He felt an obligation to do
so in an organized fashion to benefit the state in the future.
REPRESENTATIVE HARRIS asked if this was just dealing with the
Volland & Taylor aspect of the appropriation or was the
committee dealing with any public interest litigants.
CHAIR THERRIAULT stated that the prevailing parties' bills had
been paid. The final action of the Supreme Court was still
undecided. He expressed some concern about the wording of the
appropriation, but felt comfortable that there would be some
balance left in the appropriation after all invoices were paid.
CHAIR THERRIAULT expressed concern about the archiving
discussion between Mr. Volland and the Board.
MR. VOLLAND stated he would provide Senator Therriault a copy of
the minutes as soon as he returned to his office.
SENATOR HOFFMAN asked about he invoice for February 20, 2002, on
page 4 for Pacific Rim real time transcription from January 14 -
25 for $28,000. He wanted to know what that purchased.
MR. VOLLAND explained that the redistricting trial was somewhat
unique in the sense that the Constitution required an
accelerated trial and appeal and the Alaska Supreme Court had
issued an order setting a deadline for the trial court to rule
and an immediate appeal after the trial court ruled. The only
way to accomplish a transcript that would be ready for the
Supreme Court was to provide a real time transcription during
trial. A specialized court reporter took down testimony in real
time so a daily transcript was provided. It is something that
the trial judge suggested. The cost was split between both
parties.
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CHAIR THERRIAULT asked about the March 20 billing regarding a
supplemental issue. He asked if that dealt with the need for a
supplemental appropriation.
MR. VOLLAND stated that his guess was that it dealt with a
supplemental appropriation. He recalled that he was contacted
through Vicki Otte or directly by someone in the legislature to
provide estimates for that need. He needed to prepare some
documents accordingly.
SENATOR THERRIAULT asked about a billing for a telephone call
with court and KTOO regarding public access on page 3 of the
March billing.
MR. VOLLAND stated that was with regard to the Supreme Court. A
live webcasting of the trial was provided and there were some
questions as to whether that would be provided during the
Supreme Court arguments as well.
CHAIR THERRIAULT asked about the June 20 billing for Mr. Taylor
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attending oral argument before the Supreme Court on the 24 for
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8.5 hours. Also on the 24 prep for argument and attend argument
before the Supreme Court on appeal. Both are on the same day.
MR. VOLLAND stated that appears to be an error. Normally that
time would have deleted for him attending oral arguments.
CHAIR THERRIAULT stated that he had another question regarding
this. He had a staff person following the trial and going
through who was making the argument, on what day, what level of
participation. It seemed that someone at the district court
level there would be someone second chairing, taking notes, etc.
That would make sense to have multiple people there. But that
sort of reasoning holds as well for the Supreme Court.
MR. VOLLAND agreed and wasn't sure why Mr. Taylor was there.
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CHAIR THERRIAULT asked about July 20 billing a call to Heather
Brakes, Senator Therriault's staff for Budget & Audit Committee
wasn't sure what that conversation was.
MR. VOLLAND stated that he couldn't answer the question directly
but could explain that a description was often shorthand for the
amount of time it might take gathering materials together for
the call.
REPRESENTATIVE LANCASTER stated that Representative Mulder was
now present.
CHAIR THERRIAULT asked for authority from the Committee to pay
the invoices after making some reductions and corrections.
SENATOR HOFFMAN wondered how long the Chair anticipated that
might take.
CHAIR THERRIAULT thought about a week or so.
[There is no recording on Side B of Tape LBA 02-6.]
TAPE LBA 02-07, SIDE A
VICE CHAIR FATE moved that the Committee delegate authority to
the Chairman to make a final review of the billings and make
payment based on reasonable charges not to exceed $217,856.
SENATOR HOFFMAN stated he did not object based on the
understanding that it would not take more than approximately a
week. There being no objection that motion passed.
AUDIT REPORTS
VICE CHAIR FATE moved that the committee go into Executive
Session for the purposes of discussing confidential audit
reports under AS 24.20.301.
VICE CHAIR FATE moved that committee return to Regular session
following the Executive Session at 2:55 p.m. No objection was
made.
VICE CHAIR FATE moved that the following preliminary audits be
released for the agencies for response. Those audit reports
were [Department of Revenue, Treasury Revenue Management System
Department of Community & Economic Development, State Medical
Board, Department of Community & Economic Development, Board of
Nursing, Department of Community & Economic Development, Board
of Certified Direct-Entry Midwives]. There were no objections
to the motions to release the preliminary audits.
VICE CHAIR FATE moved that the following final audit be released
to the public. That audit report was [State of Alaska, Single
Audit for the Fiscal Year Ended June 30, 2001]. There being no
objection the audit was released to the public.
VICE CHAIR FATE moved that the Chairman be authorized to
continue communications with the commissioner of DOTPF on Audit
No. 25-30016-02. There being no objection the motion was
approved.
OTHER COMMITTEE BUSINESS
VETERANS' HOME STUDY
CHAIR THERRIAULT moved to the next item on the Agenda, Other
Committee Business. He stated that SB 2006 section 27 an
appropriation was made to the Committee in the amount of
$250,000 for a study of the feasibility of a stand alone
Veterans' Home. The appropriation further stated that it was
the intent of the Legislature that the Veterans' Coalition be
consulted in the development of the request of proposal process.
He stated that he and Commissioner Jim Duncan had a brief
meeting during the special session. Commissioner Duncan offered
to provide copies of previous studies dated January 1993 and
June 30, 1999. Those were received and looked at to see what
questions had already been examined.
CHAIR THERRIAULT stated that before an RFP could be developed
and put out for proposals committee action was needed to give
him authority to expend funds to do that. It was his intent to
do the same as was done with the education cost study. A group
would develop the RFP and also that group would continue to work
with the successful bidder as the work was done. The idea of a
Veterans' Home is appealing but the cost of construction and on-
going maintenance and operation needed to be weighed carefully.
He asked for comments and concerns of committee members.
REPRESENTATIVE DAVIES was concerned that looking at a stand-
alone home only might be too narrow of a study.
CHAIR THERRIAULT explained that the wording of the appropriation
allowed the Committee to look at other possible alternatives.
It was his preference to look at cost of maintenance, cost of
construction, and if those weren't possible that the Legislature
be able to look at what other possibilities might be.
REPRESENTATIVE DAVIES stated he would like to adopt the more
liberal interpretation of feasibility be adopted in the RFP.
SENATOR THERRIAULT stated that Commissioner Duncan was
interested in the Committee contracting with the Department of
Administration to complete the work on its own. He was
concerned that the committee not elect to do that.
SENATOR WILKEN stated that at the Finance Committee meetings
five options were the topic of discussion. He went on run them
down and hoped that study would encompass all five. The first
was to do nothing. The second was a stand alone pioneer home
somewhere in the state. The Third was to take an existing
Pioneers Home somewhere in the state and turn it into a
veterans' home. The Fourth was to have all, or certain Pioneers'
homes segregated with pioneers and veterans in the home but
segregated physically to meet federal standards. And fifth was
to combine the pioneers and veterans commingled as many of us
would like to see happen depending on federal regulations. He
stated that he hoped that the money for this study would go
toward looking at each of these options.
REP. HARRIS seconded that motion.
CHAIR THERRIAULT agreed. He went on to add that there are some
in the state that feel that if a stand alone home is not built
that the state is snubbing the veterans as a group. However,
looking at the trend in the state and across the country more
and more are shying away from going into a home. Seniors in
general are looking for services to allow them to live a quality
life in their own home.
VICE CHAIR FATE made a motion that the Committee authorize the
Chairman to award and enter into a contract for the Veteran's
Home cost study in an amount not to exceed $250,000.
SENATOR HOFFMAN asked if members would have a chance to review
and provide comments on the contract.
HEATHER BRAKES, Legislative Budget & Audit Committee Staff,
explained that an oversight committee would develop the RFP,
review it, and award a contract.
SENATOR HOFFMAN expressed a concern to review the contract.
SENATOR THERRIAULT asked that a roll call vote be taken.
Yeas: Senators Hoffman, Wilken, Chair Therriault,
Representatives Harris, Lancaster, Mulder, Davies, and Fate.
Nays: none.
The motion passed 8-0.
CHAIR THERRIAULT asked Heather Brakes, Committee Staff to give
the Committee an update on the status of the school district
cost study.
HEATHER BRAKES, Legislative Budget & Audit Committee Staff,
explained that during the special session she had told the
committee that the contractor had received a 95% response rate
on the surveys. The response rate was now at 100%. The
contractors are now in the process of cleansing the data and
putting the data together. There would be a draft report to the
oversight committee in November and a final in December. There
was on-going communication with ALASBO working group.
SENATOR HOFFMAN asked whether or not there would be travel to
the school districts throughout the state.
MS. BRAKES replied that she did not think that the contractor
was planning to do so.
CHAIR THERRIAULT explained that the ALASBO working group has led
to the 100% response rate from the school districts.
SENATOR WILKEN asked about the validation of the data coming in
from the different school districts.
MS. BRAKES' understanding was that the contractors were working
closely with Eddy Jeans and the internal auditor at the
Department of Education and the Department of Labor.
CHAIR THERRIAULT stated that one of the main objectives of the
study was to have an end product for the foundation formula. So
that when the formula was updated that data sources that are
reported to the state could be relied upon. Then each of the
school districts would not have to be contacted again. The data
the districts are already reporting to different agencies of the
state could be used.
SENATOR WILKEN asked if there was a sense of whether they were
doing anything different in Alaska to validate information than
what they've done with their other projects across the United
States.
CHAIR THERRIAULT said he did not know that information could be
obtained from the contractors.
SENATOR WILKEN was concerned about the validity and reliability
of the data and pointed out it will be questioned by those who
are not happy about the study.
AUDIT REQUESTS
CHAIR THERRIAULT moved next to an audit request made by Senator
Leman.
MS. DAVIDSON explained that an audit request by Senator Lyda
Green was previously approved on the Medicaid Program internal
and external controls. Senator Leman's request asked the same
questions and she recommended that this request be rolled into
the existing scope of Senator Green's request.
FEDERAL REVIEW OF DIVISION OF FAMILY & YOUTH SERVICES
MS. DAVIDSON passed out a summary of the Department of Health &
Social Services, Division of Family & Youth Services, federal
review results. It is based on observation of the audit staff.
The final federal report will be out mid September. Similar to
the results of the self assessment DFYS was again found to be
below standards. In the area of safety they were found not to
be responding timely to lower priority reports of harm. They
were not making face-to-face contact with children in a timely
manner, and because of a lack of service options DFYS was
compelled to remove children from their homes.
She went on to explain that in the area of permanency that DFYS
was moving too many children too often between foster care.
However, they did compliment DFYS on the balloon project which
brought together state inter-departmental and private sector
workers to move people into adoption.
The well-being section is the focus of Representative Fate's
audit request. This is an area that also needed improvements.
Areas of concern were how well DFYS addresses children's
physical, mental health and specialized education needs.
Standards used by the federal review team was 90% in order to
show compliance and they found that in the cases reviewed only
77% showed that a physical assessment had been done. Sixty-nine
percent showed that a mental health assessment had been done.
And 75% showed that an education evaluation had taken place.
In addition to those the review also looked at seven systemic
factors. Two were found to be in substantial conformance and
five were found to not be in substantial conformance.
The first one in substantial conformance was the statewide
information system. She questioned accuracy of that assessment.
The other area was the agency's responsiveness to the community.
The reviewers identified key strengths including state and
village Tribal coordination and the use of other
multidisciplinary groups.
The five areas that were not in substantial conformance were
with statewide case review. A lack of clear goal oriented case
plans, that parents and children are not actively involved in
case planning and that there were numerous continuous delays.
Secondly, DFYS lacks any formal quality assurance system to
evaluate the agencies performance on an ongoing basis. The
training of social workers and foster parents needs substantial
improvements. The array of services available are insufficient
to meet the needs of families involved with DFYS and the review
team specifically identified areas of alcohol and drug abuse
treatment. Foster and adoptive parent relationships - the
reviewers took exception to the number of times that DFYS
allowed the foster parents to be exempted from the full array of
state licensing standards.
CHAIR THERRIAULT asked for an example.
MS. DAVIDSON, responded that an exemption might be from a
criminal background check. Sometimes that wouldn't be required
before children are placed with the foster parents. She went on
to explain that the state will have 90 days to develop a plan
improvement which will address how the division will bring its
standards within compliance. This will be an on-going review
happening again in three to four years.
SENATOR HOFFMAN noted that an area not addressed is the
uniformity of services provided throughout the state.
MS. DAVIDSON stated that there were 50 cases that were looked at
in Anchorage, Mat-Su, and Nome. She agreed that conclusions
could not be drawn with regard to how each of the office were
serving the public. Identification of deficiencies were probably
statewide.
[There is no recording on Side B of Tape LBA 02-7.]
ADJOURNMENT
There being no further business before the committee, the Joint
Committee on Legislative Budget and Audit meeting was adjourned
by CHAIR THERRIAULT.
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