Legislature(2005 - 2006)CAPITOL 106

03/23/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 33 SUPPORTING IN-STATE MED. CARE FOR VETS TELECONFERENCED
Heard & Held
+= HB 430 APPROP: PALMER SENIOR CITIZEN CENTER TELECONFERENCED
Moved Out of Committee
+= SB 255 OPTOMETRY: EXTEND BD/ LIC. ENDORSEMENT TELECONFERENCED
Moved Out of Committee
*+ HB 436 SOCIAL WORKER CASELOADS & WORKLOADS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 356 MINORS: MEDICAL CONSENT,INCL BONE MARROW TELECONFERENCED
Heard & Held
HB 436-SOCIAL WORKER CASELOADS & WORKLOADS                                                                                    
                                                                                                                                
4:35:08 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 436, "An  Act requiring the Department  of Health                                                               
and  Social Services  to  employ a  sufficient  number of  social                                                               
workers; relating  to the protection  of children in need  of aid                                                               
by reducing the  caseloads and supervisory duties  to comply with                                                               
certain  national  standards;  and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
4:35:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LES  GARA,  Alaska  State  Legislature,  sponsor,                                                               
explained that the  main intent of HB 436 is  to require that the                                                               
state  have enough  staff  to  manage the  case  loads such  that                                                               
foster children  and those  children who  are victims  of abusive                                                               
situations are  protected.  The  Child Welfare League  of America                                                               
(CWLA), a national organization,  has adopted a national standard                                                               
that  specifies that  there should  be  1 case  worker, of  those                                                               
working  in  child  protective service  roles,  for  every  12-15                                                               
children.    The  reasons for  the  aforementioned  standard  are                                                               
multiple.   Representative  Gara informed  the committee  that in                                                               
Alaska's foster  care and child-in-need-of-aid systems,  the case                                                               
worker, once he/she  receives a report of  harm, investigates the                                                               
case, assess  the child's educational  and counseling  needs when                                                               
the child is  placed in the foster care system.   The case worker                                                               
is charged  with finding  services for the  child and  moving the                                                               
child out  of foster care  as quickly  as possible and  back into                                                               
the home  or an adoptive home.   However, the state  doesn't have                                                               
the staff to do such in an effective manner.                                                                                    
                                                                                                                                
4:38:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  then informed  the committee that  since the                                                               
introduction of HB  436, the [Office of  Children's Services] has                                                               
decided to have an outside  consulting agency review the agency's                                                               
workload rather than  the caseload because 12  cases in Anchorage                                                               
is different than 12 cases on the  Kuskokwim River.    There have                                                               
been  problems  with the  study  and  thus  the report  won't  be                                                               
available in  time for this session.   Therefore, the hope  is to                                                               
utilize the  legislation to educate everyone  that Alaska largely                                                               
can't meet the federal goal  of reuniting children in foster care                                                               
with  their parents  within  12 months  or  placing those  foster                                                               
children  who  can't  be  reunified  with  their  family  up  for                                                               
adoption  and permanent  placement within  24 months.   The  most                                                               
concerning, perhaps, is  that when a report of harm  that a child                                                               
may be  subject to abuse  at home is received,  staff limitations                                                               
don't allow the detailed investigation  required to make a proper                                                               
decision to occur.   The aforementioned might  result in removing                                                               
a child  from a  home too  quickly or not  removing a  child when                                                               
he/she should be  removed.  Therefore, he expressed  the need for                                                               
the  legislature  to adopt  the  guidelines  from OCS's  workload                                                               
study.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GARA related that  the caseload for social workers                                                               
in Anchorage  was close  to 30  children.  As  of last  year, one                                                               
social worker in Dillingham had  52 cases, which meant that those                                                               
children were  not being protected.   However, he  mentioned that                                                               
the  situation in  Dillingham  may have  been  corrected by  this                                                               
year.   He went  on to  say that  although the  state has  done a                                                               
decent job of  adding social workers over the last  few years, it                                                               
seems  that  the  state  is   at  least  15  case  workers  short                                                               
statewide.   Representative  Gara  acknowledged  the notion  that                                                               
since  the state  began adding  positions to  OCS things  must be                                                               
okay.   However, he  opined that  although things  have improved,                                                               
the situation isn't  okay.  In many regions in  this state, it is                                                               
a crisis base  service system rather than a  system that provides                                                               
what the  children need  to prosper.   Without enough  staff, the                                                               
children can't be provided what  they need to prosper, he opined.                                                               
He  related  that  anecdotally  he  has  been  told  that  Alaska                                                               
probably  sends more  foster children  to jail  than to  college.                                                               
Representative Gara  related that  HB 436  is a  discussion point                                                               
until  the workload  study is  complete,  the recommendations  of                                                               
which could possibly spawn a committee bill.                                                                                    
                                                                                                                                
4:45:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  said that Representative Gara  did a good                                                               
job relating the tasks of the  social worker's job as they relate                                                               
to the child's  needs.  However, that's only a  small part of the                                                               
larger job  because the  social worker's job  is to  identify the                                                               
problems in the household and  work on reunification.  Therefore,                                                               
the social worker  has to meet with the parents,  arrange for the                                                               
parents  to  have  assessments   and  receive  services,  monitor                                                               
compliance, write  court reports, attend  court, et cetera.   The                                                               
study should  be very helpful, she  said.  If social  workers can                                                               
do things  thoroughly at the  front end children can  return home                                                               
faster if the social worker  has confidence that he/she can visit                                                               
and monitor  the child.   Furthermore, doing things right  at the                                                               
beginning saves money over the long term.                                                                                       
                                                                                                                                
4:46:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA characterized  this  [legislation] as  one                                                               
part of what  needs to be done.   She opined that  when the state                                                               
takes custody  of a child,  the state is essentially  saying that                                                               
the it  can do  a better job  than the parents.   However,  if an                                                               
appropriate  permanent  placement  is   not  found  quickly,  the                                                               
psychological   processes   such   as  bonding   are   disturbed.                                                               
Representative  Cissna  suggested that  HB  436  may help  retain                                                               
foster parents, which would be a step in the right direction.                                                                   
                                                                                                                                
4:48:44 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON said HB 436 is important in the way of prevention.                                                                 
                                                                                                                                
4:49:40 PM                                                                                                                    
                                                                                                                                
TAMMY  SANDOVAL,   Deputy  Commissioner,  Office   of  Children's                                                               
Services,  Department  of  Health  and  Social  Services  (DHSS),                                                               
relayed that while [OCS] has mostly  met the goals of the federal                                                               
government's performance improvement plan.   Since the goals have                                                               
been set  low, there is  room to get better  if the desire  is to                                                               
work on  prevention.  If  there were lower caseloads,  she opined                                                               
that the goals could be met.                                                                                                    
                                                                                                                                
4:51:14 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  inquired  as  to  the  number  of  social  workers                                                               
required  to  protect  and actually  help  the  children  without                                                               
burning out social workers or foster parents.                                                                                   
                                                                                                                                
4:51:33 PM                                                                                                                    
                                                                                                                                
MS. SANDOVAL agreed that's the key.   She explained that the data                                                               
from the  workload study is  being cleaned  up so that  the study                                                               
can be released.   She highlighted that the  department entered a                                                               
fiscal note  for 18  staff, which she  estimated may  actually be                                                               
more or  less by a  few.  The data  cleanup will run  through the                                                               
end  of March  and the  contractors are  willing to  "re-put" the                                                               
formula.   Therefore, the study  may be  available by the  end of                                                               
session, but  she did  note that the  contractors are  willing to                                                               
speak with any legislator with questions.                                                                                       
                                                                                                                                
4:54:13 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  said that  once the study  is released,  the matter                                                               
could come before the committee again.                                                                                          
                                                                                                                                
4:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  suggested that  if  the  study relates  the                                                               
staff shortage,  perhaps a memorandum  from the committee  to the                                                               
co-chairs  of   the  House  Finance   Committee  and   the  House                                                               
leadership expressing the  need to add [funding  for staff] would                                                               
be the quickest way to address the situation.                                                                                   
                                                                                                                                
CHAIR WILSON said,  "We'll work on something  ... because there's                                                               
nothing more important than our kids."                                                                                          
                                                                                                                                
4:55:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that the  legislation proposes                                                               
a certain ratio of social  workers per children without providing                                                               
any funding.   He asked if  the department is willing  to support                                                               
such even  if the funding has  to be taken from  elsewhere in the                                                               
department's budget.                                                                                                            
                                                                                                                                
MS. SANDOVAL said that the  department doesn't believe it can put                                                               
in  an increment  for  a  staff increase  this  year because  the                                                               
results   of  the   workload  study   weren't  available.     The                                                               
department's  plan  is to  work  with  the commissioner  and  the                                                               
governor with regard to the  2008 increment.  Ms. Sandoval opined                                                               
that there aren't the resources to hire 15 new staff.                                                                           
                                                                                                                                
4:58:03 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  inquired as  to  whether  the funding  would  come                                                               
through the supplemental budget.                                                                                                
                                                                                                                                
MS. SANDOVAL said she didn't know.                                                                                              
                                                                                                                                
4:58:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  suggested that  there would probably  be a                                                               
substantial savings when reviewing the  cost of keeping the child                                                               
in the  system for a  long duration  [versus the cost  of funding                                                               
the proposed  positions].   She asked if  the committee  would be                                                               
interested in  making a plea  to the House Finance  Committee for                                                               
supplementals that would address this specific issue.                                                                           
                                                                                                                                
4:59:27 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  suggested that  the committee  should wait  and see                                                               
what  [the  study  reveals].     She  again  indicated  that  the                                                               
committee would "work on something."                                                                                            
                                                                                                                                
4:59:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  remarked that  the preferred route  would be                                                               
to  come up  with  the funding  when it's  known  what is  needed                                                               
rather  than having  a mandate  with inflexible  standards.   The                                                               
reason  for the  legislation, he  reminded the  committee, is  to                                                               
push  the discussion.    If  the problem  is  solved through  the                                                               
workload  study   and  the  budget,  the   legislation  won't  be                                                               
necessary.   However, if  the necessary  progress isn't  made, he                                                               
opined that  he would like  to see  legislation pass in  order to                                                               
act as a "hammer."                                                                                                              
                                                                                                                                
5:00:48 PM                                                                                                                    
                                                                                                                                
[HB 436 was held over.]                                                                                                         

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