Legislature(1997 - 1998)

02/13/1997 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SB  73 FOSTER CARE REVIEW BOARD                               
                                                                              
                                                                               
 CHAIRMAN LEMAN  called the Senate Labor and Commerce Committee                
 meeting to order at 1:35 p.m. and announced  SB 73  to be up for              
 consideration.  He said it had been introduced at the request of              
 the Governor.                                                                 
                                                                               
  MS. CONNIE SIPE,  Director, Division of Senior Services, explained           
 that the Citizens Foster Care Review Board by statute is placed in            
 the Department of Administration and the Division of Senior                   
 Services is its administrative home.  She said she has a background           
 in health and social services with issues regarding foster care and           
 she is the spokesman for the administration on this bill.                     
                                                                               
 She said the statute that currently exists creating a Citizens                
 Permanency Planning Board and local review panels was passed in               
 1990 with a $579,000 appropriation to start the Statewide system              
 including staff, a Statewide advocacy board, a planning and                   
 standard setting board, and local panels who would actually provide           
 review of the foster care cases handled by the Division of Family             
 and Youth Services (DFYS).  She said that the statute wasn't really           
 implemented and all program activity ceased.  In FY 91 unexpended             
 funding was reappropriated and there was no program funding for FY            
 92 because it was not requested in the governor's budget.                     
                                                                               
 In 1993 the legislature appropriated $125,000 for a pilot program             
 in Anchorage funding the program for eight and a half months in FY            
 94 and Governor Hickel appointed panelists in October '93.  The               
 program is working now with an annual budget of $134,000 which                
 funds two social workers and a clerk at three-quarters time.  None            
 of them can work a full year or at full-time.  She said the statute           
 is now only partially implemented.  The Statewide board has not               
 been convened because the statute requires that the citizen members           
 be members of local operating review panels.  Since there are no              
 local citizen review panels, except in Anchorage, there is not a              
 pool of other citizens from which the Governor can appoint to the             
 State-level board.  Therefore, the State-level Board does not                 
 exist.  Currently, there are about 16 trained volunteers in                   
 Anchorage who review cases of foster care children.                           
                                                                               
 The Governor's bill is meant to revitalize this program.  The                 
 administration has looked at trying to find a way in today's fiscal           
 climate to get the program spread Statewide as originally intended.           
 They did not think asking the legislature for a renewal of the                
 $580,000 a year funding would be successful and so they have                  
 slightly changed the statute so that they think the system can over           
 the next year and a half or two go Statewide, but with a modest               
 increment in funding.  They propose to slightly reduce the size of            
 the Statewide board number of public officials who are appointed to           
 the Board, and make the government officials voting members because           
 to encourage a more active interest.  To ensure the views of                  
 citizens are dominant SB 73 says they must constitute the majority            
 of any quorum on any official actions taken.  She said there is a             
 belief that the public entities, like the court system, the public            
 defenders, the Office of the Public Advocate, etc. want citizens              
 review to work - for all cases, not just a few as happens now.                
 This bill would require that every single case that comes through             
 DFYS that is required to have reviews of children and their foster            
 care placement would come through a citizen's panel for review at             
 every required hearing step.                                                  
                                                                               
 By doing that they believe, and have reached an agreement with                
 Family and Youth Services, that DFYS would make theirs the official         
 hearing.  By federal law to receive federal money that helps                  
 support children in foster care, Title 4E in the Social Security              
 Act, requires certain events to trigger reviews of a child's                  
 placement out of their home. When the State is audited they receive           
 money that helps pay for foster care placements.  DFYS is already             
 conducting in-house reviews usually with one or two outside citizen           
 members of a review panel on children's foster care cases.  This              
 would stop so there would be no duplication of effort and keep                
 costs down.                                                                   
                                                                               
 DFYS would become the staffing for the panels.  Currently the staff           
 sets up the hearings which is a very time consuming process.  There           
 is a long list of people who need to be notified:  interested                 
 relatives, tribal entities, social service agencies, foster care              
 parents, court members, and lawyers; they have to research and                
 search for certain parties; they have to go through the DFYS case             
 and pull out summaries or materials for the panel members to review           
 before they come to the review.                                               
                                                                               
 The two three-quarter time social workers in Anchorage have their             
 hands full just training new panel members as others drop off and             
 setting up the number of cases they do now.  They do 250 - 300                
 cases per year; probably less than half of all cases in Anchorage.            
 They do not function in any other town in this State.  This bill              
 would make the commitment that DFYS would be staffing the citizen             
 panels.  However, the Citizens Foster Care Review Board has                   
 regulation power under this statute and their staff would turn                
 their efforts toward setting policies and procedures for how the              
 cases were set up and planned.  The Statewide Board would use its             
 staff to do training and constant recruitment in the other judicial           
 districts.                                                                    
                                                                               
 Number 181                                                                    
                                                                               
 She emphasized that this bill tries to revitalize this system and             
 make it go Statewide.  She noted the fiscal note is $141,800 for              
 the first year, about $20,000 are one-time costs.  That would add             
 one full-time person in the Executive Director position classed as            
 a range 20 and bring the two social workers and clerk to full time.           
 She said they are very handicapped by lack of computers and don't             
 have a xerox machine.  The Senior Services Division loans them lots           
 of things.  This would give them enough money to travel and hold              
 training in other judicial districts.  There would be an overall              
 increase in the budget from $134,000 per year by a standing                   
 increase of about $120,000.  The Board would be reactivated by the            
 Governor and there would be appointment of citizens throughout the            
 State.                                                                        
                                                                               
  CHAIRMAN LEMAN  asked for questions from the committee members and           
 there were none.  He said it was not his intention to report this             
 bill from committee today, but he wanted to get a quick overview of           
 it as he has some concerns with DFYS.                                         
                                                                               
  MR. SCOTT CALDER  said he represents primarily himself and he is             
 also associated with Concerned Parents For Reform.  He has been               
 following this issue very closely for the last few years.  He has             
 been very active in getting the Citizens Review Panel for                     
 Permanency Planning to become a reality because of the                        
 victimization he, his son, and family have suffered with the social           
 service agencies and the court system.  He thinks it couldn't have            
 possibly occurred had there been an implementation of the Citizen             
 Review Panel for Permanency Planning.  He said that SB 73 does                
 everything necessary to establish what he had hoped to see not                
 happen on this panel.                                                         
 MR. CALDER said he read the position paper from the National                  
 Association of Social Workers, but he didn't support some of the              
 things it said like, "SB 73 would ensure a fresh perspective and              
 aggressive stance on achieving permanency."  He thought the                   
 existing laws already do and SB 73 would diminish that affect.  He            
 said that SB 73 is not needed to bring citizens' review to the                
 communities.  AS 47.14.220 requires the Governor to appoint local             
 panel members.  He thought it wouldn't be a problem for him to find           
 five people willing to do the job, but he thought the obstacle was            
 that the Governor had not made the appointments.                              
                                                                               
 He also disagreed that SB 73 would "promote needed interagency                
 collaboration, ensure that all State Departments involved in                  
 securing permanency for children are involved in productive                   
 decision making."  He thought that was code for they wanted to be             
 able to vote on the decision, but they can do anything they want              
 already.  Current law already allows and specifies that the                   
 Division heads would be ex-officio members.  Their participation is           
 necessary in an advisory capacity, but in terms of making decisions           
 it's inappropriate for them to be sitting at a citizen review                 
 panel.  It is inappropriate to change the balance of power.                   
                                                                               
 SB 73 would reduce the number of citizens on a panel which                    
 currently has five voting members.  Of these five, three would                
 constitute a quorum needed to carry a vote.  Only two affirmative             
 votes would be needed in SB 73 which would change the process                 
 considerably.                                                                 
                                                                               
 Number 286                                                                    
                                                                               
 Still referring to the position paper, MR. CALDER said that SB 73             
 would not increase cultural appropriateness. Indian children are              
 already protected by the Indian Child Welfare Act and the review              
 panel would simply determine whether or not there was compliance              
 with it.                                                                      
                                                                               
 Number 382                                                                    
                                                                               
 Another point he made is that the State would save a lot of money             
 by having an extra citizen review of the State's out-of-home                  
 placements of children - not just foster care, but detention and              
 other settings where children are removed from their homes.                   
                                                                               
 MR. CALDER said the last legislature found it necessary to extend             
 the sunset termination date of the citizen review panel in HB 92              
 which was signed by Governor Knowles on April 12, 1995.  Otherwise,           
 he said, the laws have already been written and they are fine the             
 way they are.  He thought it was a good idea to have only citizens            
 serving on the panel and to have the Governor directly responsible            
 for appointing the local panel members.  It is also important that            
 the State panel produce a report by the 10th day of each regular              
 session so the legislature would have some idea of what is going on           
 with out-of-home placements early in the session.                             
                                                                               
 He thought it was important that the appointed citizens had good              
 training and that it not be done by the people who are being                  
 reviewed.                                                                     
                                                                               
 Number 349                                                                    
                                                                               
 He disagreed that an appropriate function of the review panel was             
 to impact case management for children in out-of-home placement.              
 He didn't think they needed another level of case management,                 
 although he thought improvements were needed.  He thought the                 
 personnel in DFYS were already supposed to be doing these things.             
 He said in many cases parents of the children can't even obtain               
 records about what is being done to their children.                           
                                                                               
 Specifically, he said, it is important to know information on the             
 number of children reunited with their families based on direct               
 inspection of the records by people who don't work in the system.             
 They need to know the number and recommendations and justifications           
 for program improvement, including recommendations relating to                
 State agencies and the panel review system.  He said this is such             
 a simple, important job that has been identified for so long, that            
 there must be a real problem with what's going on when you have a             
 law that says the Governor shall appoint volunteers to review these           
 cases and it hasn't been done.                                                
                                                                               
 In conclusion, he recommended that they not pass SB 73, but simply            
 extend the sunset date and ask the Governor to follow through.                
                                                                               
  CHAIRMAN LEMAN  thanked Mr. Calder for his testimony and said they           
 had no questions for him at the time.                                         
                                                                               
 Number 410                                                                    
                                                                               
  MS. DIANE WORLEY,  Director, Division of Family and Youth Services,          
 supported SB 73.  She explained that it is a compromise of where              
 they were with the original citizen's review panels and the fact              
 they have not been able to bring those to fruition due to funding             
 and different changes.  She thought this was a combination of the             
 best of the citizen's review panel and the fact that within the               
 DFYS they are required by federal law to do six month reviews                 
 already.                                                                      
                                                                               
 MS. WORLEY said she strongly supports citizen involvement in the              
 process.  The reason they support this bill is because they are               
 always being asked why they aren't implementing the citizens review           
 panels Statewide as they are supposed to by law.  The answer is               
 that it is out of their control.  They do hear cases around the               
 State, but they can't do the citizen's part of that.  They have               
 citizen participation in the 4E reviews.  The problem is finding,             
 training, and maintaining volunteers to do this kind of work.  It's           
 hard work needing a good understanding of the process and rules               
 that must be followed in order to collect the federal dollars.  MS.           
 WORLEY emphasized the big issue is for the citizens to have                   
 consistency and the support they need to do this job.                         
                                                                               
 One of the things Mr. Calder mentioned was the power and the voting           
 and she wanted to reiterate that all they do at a six-month review            
 is go through the case to make sure they have done the planning and           
 have looked at all the issues.  Therapists, families, and agencies            
 are invited to give information.  The review information is taken             
 to the courts; any decision making is done by the court.                      
                                                                               
 Number 465                                                                    
                                                                               
  MS. ANGELA SALERNO,  Executive Director, National Association of             
 Social Workers, supported SB 73.  She clarified that they are                 
 advocating for vulnerable groups, specifically here, for kids in              
 foster care.  They are not here advocating for DFYS.                          
                                                                               
 MS. SALERNO said she they were instrumental in getting the original           
 bill passed in 1990.  She believes that citizens will bring a                 
 fresh, aggressive perspective to reviewing these cases which is a             
 very important factor in achieving permanency for children.                   
                                                                               
 Because we are looking at tightened budgets, this is a way to                 
 expand their service to other parts of the State when it has been             
 going on in Anchorage only for a number of years.                             
                                                                               
 She clarified that the Board being formed, with members of the                
 administration on it, is not the voting body.  That Board will                
 actually engender panels with citizens on them that will then do              
 the deliberations and voting on cases.                                        
                                                                               
 She said there is one concern to a number of people on page 6, line           
 19 stating the panel shall consist of three public members and two            
 members from the department.  She suggested changing it to one more           
 public member and reducing the department members.                            
                                                                               
  CHAIRMAN LEMAN  asked if there were any questions and there were             
 none.  He stated they would work on this bill and bring it back at            
 a future date.                                                                
                                                                               
  SENATOR KELLY  said he supported the legislation, but he was not             
 excited about the makeup of the commission with the Director of the           
 Office of Public Advocacy and the Public Defender on it.  He wanted           
 more citizen participation.  CHAIRMAN LEMAN said he shared those              
 concerns.                                                                     

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