Legislature(1999 - 2000)
04/13/2000 03:13 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 413 - INTENSIVE FAMILY PRESERVATION SERVICES Number 0771 CHAIRMAN DYSON announced the next order of business as House Bill No. 413, "An Act relating to intensive family preservation services; and providing for an effective date." Number 0766 REPRESENTATIVE SHARON CISSNA, Alaska State Legislature, sponsor, came forward to present HB 413. She outlined HB 413 which allows the Department of Health & Social Services to create an intensive intervention just before the removal of children from their parents into state custody. This proposal is based on a model, called Homebuilders, that has been successfully used by Washington state since 1974. Moreover, this model has also been successfully adapted by close to 30 other states. This program is successful because, even though the family may have received similar services prior to the imminent removal of their children, the family is truly in crisis. At this juncture, families are willing to accept and are searching for a way to safely keep their children at home. House Bill 413 lays out the program and steps that would be necessary to implement the proposal. The bill adds language to existing statutes to offer more intensive family preservation services than are available right now. REPRESENTATIVE CISSNA said the first important thing is the child's safety in the home and the maintenance of that. Section 2 provides for the court to enumerate the reasons why intensive services were not provided if they are in the best interest of the child. Section 3 adds intensive family preservation services to the person having legal custody. Section 4 adds six sections to the statutes, beginning with the addition of a statewide program. Basically the initial project would be in one area. She pointed out that other programs have found it to be successful if [the project] starts in one area and achieves saturation, meaning there is enough of that service to meet all the needs, and then move to other sections of the state. Effectiveness of 70 percent is required in this program. Although 70 percent is a very high measurement, it is necessary because there has to be a program that works. Furthermore, it is not cost effective if this isn't an improvement over existing services. Other states have achieved 70 percent and better effectiveness. REPRESENTATIVE CISSNA noted that the bill lays out the eligibility of services, the conditions that are required for a family and child to get these services, and then the section on the solicitation of funding sources is provided for, and the definitions of each of the terms in the bill. Section 6 says before the termination of parental rights, that it shall offer protective social services and then also consider the eligibility of the child and the family for intensive family preservation services. Section 7 outlines a study for the pilot program and essentially lays out all the data collection required, the [format of the] final report, the job of the person who is essentially covered in the fiscal note, and what his/her job should be. It would be implemented by November 30, 2001 and the person in the position would give a report to the governor and give notice to the legislature that the report is prepared. Number 0403 SUSAN KELLY, Manager, Family Preservation Services, Family Support Services, Prevention Services for Families, Family Independence Agency (FIA), Michigan, testified via teleconference from Ypsilanti, Michigan in support of HB 413. Three times over the last decade she has been invited to testify on the value of these services before the House Ways and Means Committee in Washington, D.C. She is convinced of the value of these services because of the hope she has seen with so many vulnerable and at- risk families. MS. KELLY said this hope has been realized for so many at-risk and multi-problem families. To date her agency has served over 80,000 children representing about 35,000 families. About 85 percent of those children have been able to stay safely with their families. The FIA follows up on those families a year after they have terminated services. A select group of families has been followed for several years. This program has worked well in Michigan for families, children and tax payers. (indisc.) MS. KELLY said the FIA took the position that parents are ultimately responsible for their children and that government doesn't make a very good parent, and substitute families are never as good if safety can be maintained in a child's own family. There are not alternatives to families, and children should not be removed from their families without strong compelling evidence that the child can't remain safely with the family. Child protection and child safety should not be pitted against trying to find ways to really support families. MS. KELLY explained that the federal government maintains an entitlement to all the states that children should be removed if they are in harm's way or are in danger. The children are also entitled through the child protection laws to be protected by mandatory reporting laws, but there is a big gap in the funding stream from Washington to the states. There is entitlement to move to child protection but there isn't entitlement for children with adequate resources that enable them to be cared for safely in their own home. MS. KELLY said the system must move from a child rescue mentality. She notes Alaska has a strong zero tolerance for child abuse, and that needs to be coupled with strong support for families. To strengthen families is one of the best ways to protect children. It is difficult to tell which families are hopeless and thus ways need to be found to work with highly volatile families. CHAIRMAN DYSON asked Ms. Kelly if she believes that HB 413 makes family support services an entitlement on the same level as child protective services. Number 0011 MS. KELLY said if the bill is structured [in its current form] and is in one jurisdiction, no; however she thinks Alaska will see some great success with it. What will be seen is the freeing up of resources. TAPE 00-46, SIDE A Number 0001 MS. KELLY noted the FIA has been able to hold the line on out-of- home-care for several years because it built up a strong prevention in family support. Number 0066 PRISCILLA MARTIN, Executive Director, National Family Preservation Network, Lobbyist, Behavioral Sciences Institute, testified from Idaho. She said it is important for the legislature to pass HB 413 rather than have the department implement it because then it becomes a part of state policy, and the integrity of the model can be protected. Washington state has had this model for 25 years and there has never been a child death while working with the family. In regard to the issue of funding and implementation, almost all states use family (indisc.) dollars for programs; however, states with the highest level of commitment of dollars frequently make use of federal funds through a number of programs. Some private foundation funds are also possibly available. MS. MARTIN noted the real key to implementation is the support from the child welfare agency. It is essential that the department supports this because it is the one who does the referrals. The Homebuilders model has been replicated in 30 states and six foreign countries. She is not aware of a success rate lower than 75 percent. On the cost effectiveness, a researcher has calculated that the break even point is a 27 percent success rate. For every dollar invested into family preservation services, the state will save $3.43 in out-of-home care costs. The model also works very well with minority families. The organizations that she represents stand ready and willing to help implement this model. [HB 413 was heard and held.]
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