Legislature(1999 - 2000)

04/20/2000 03:25 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE HEALTH, EDUCATION AND SOCIAL                                                                                     
            SERVICES STANDING COMMITTEE                                                                                         
                   April 20, 2000                                                                                               
                     3:25 p.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Chairman                                                                                             
Representative Joe Green                                                                                                        
Representative Allen Kemplen                                                                                                    
Representative John Coghill                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Jim Whitaker                                                                                                     
Representative Carl Morgan                                                                                                      
Representative Tom Brice                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
DFYS REPORT AND AUDIT                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
PAT DAVIDSON, Legislative Auditor                                                                                               
Legislative Audit Division                                                                                                      
Legislative Agencies & Offices                                                                                                  
PO Box 113300                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Presented the DFYS Report and Audit.                                                                       
                                                                                                                                
RUSS WEBB, Deputy Commissioner                                                                                                  
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, Alaska  99811                                                                                                           
POSITION STATEMENT:  Commented and answered questions on the DFYS                                                               
Report and Audit.                                                                                                               
                                                                                                                                
DEIRDRE O'CONNOR, Children Services Manager,                                                                                    
Southeast Region                                                                                                                
Family Services                                                                                                                 
Division of Family and Youth Services                                                                                           
Department of Health & Social Services                                                                                          
3025 Clinton Drive, Suit 200                                                                                                    
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Answered questions on the DFYS Report and                                                                  
Audit.                                                                                                                          
                                                                                                                                
TONY LOMBARDO, Director of Advocacy                                                                                             
Covenant House Alaska                                                                                                           
609 F Street                                                                                                                    
Anchorage, Alaska  99510                                                                                                        
POSITION STATEMENT:  Testified on the DFYS Report and Audit.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-49, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN FRED DYSON called the House Health, Education and Social                                                               
Services Standing Committee meeting to order at 3:25 p.m.  Members                                                              
present at the call to order were Representatives Dyson, Kemplen                                                                
and Coghill.  Representative Green arrived as the meeting was in                                                                
progress.                                                                                                                       
                                                                                                                                
CHAIRMAN DYSON announced that the only order of business was                                                                    
hearing the Division of Family and Youth Services Report and Audit                                                              
to identify problems and solutions and solicit from DFYS what                                                                   
progress has been made, what solutions are working or not, things                                                               
that remain to be done, things the legislature can help with and                                                                
entertain some of the questions raised in the audit.  He has                                                                    
forwarded to DFYS a letter which suggests that some children who                                                                
are aging out of the system are struggling in the transition when                                                               
reunification hasn't worked.  Some of the children may have had                                                                 
some unfortunate transitions and are still in the midst of that.                                                                
Some of the cases that DFYS has worked on have gone to criminal                                                                 
proceedings, and one or more parents are suing the department.                                                                  
Because of the ongoing criminal and civil actions, the legislators                                                              
need to not do anything that will prejudice those cases.  The                                                                   
committee will be careful about those specific cases where there is                                                             
a pending action.                                                                                                               
                                                                                                                                
Number 0236                                                                                                                     
                                                                                                                                
PAT DAVIDSON, Legislative Auditor, Legislative Audit Division,                                                                  
Legislative Agencies & Offices, came forward to present the report.                                                             
She reported to the committee that over the last three years four                                                               
audits examining various aspects of the Division of Family and                                                                  
Youth Services (DFYS) have been conducted.  The first audit was                                                                 
completed in March 1998 and contained eight recommendations.  The                                                               
second audit was completed in August 1998 and contained six                                                                     
recommendations.  The third audit was a follow-up on the                                                                        
recommendations contained in the first report and was completed in                                                              
January 1999.  The last audit effort has been completed, however,                                                               
the Budget and Audit Committee has not yet approved the report for                                                              
release.                                                                                                                        
                                                                                                                                
MS. DAVIDSON said rather than going over recommendation by                                                                      
recommendation, she would focus on three operational areas which                                                                
need improvement.  The first one is responding to reports of harm.                                                              
Although DFYS states it has a "zero tolerance" policy, by necessity                                                             
the agency must prioritize which reports of harm are investigated.                                                              
The past audit reports have reflected concerns that the agency did                                                              
not have in place a standard, widely accepted approach regarding                                                                
how to consistently assess what reports of harm should be                                                                       
investigated and which ones, due to lack of resources, could be                                                                 
passed over.                                                                                                                    
                                                                                                                                
MS. DAVIDSON noted the legislature has authorized additional                                                                    
positions to increase the DFYS's ability to respond to reports of                                                               
harm.  It is a prudent time for the DFYS to establish and implement                                                             
various policies and procedures that clearly identify investigative                                                             
priorities across the state.                                                                                                    
                                                                                                                                
MS. DAVIDSON reported that the second area that needed improvement                                                              
was the training of social workers.  This has been a long standing                                                              
area of concern.  The emphasis that has been placed on training has                                                             
varied from administration to administration over the years, and                                                                
the current administration has placed a renewed emphasis in this                                                                
area.  This has been a success area for DFYS.  With the increasing                                                              
certification requirements for licensure of social workers, the                                                                 
training and continuing professional education will in likelihood                                                               
take on more importance in future years.                                                                                        
                                                                                                                                
MS. DAVIDSON stated that the third area of concern is the                                                                       
relationship with parents.  The DFYS often times has had an                                                                     
adversarial relationship with one of its main constituent groups,                                                               
the parents of children the agency takes into state custody.  It is                                                             
recognized that the primary focus of DFYS is on the welfare of                                                                  
children.  However, sometimes this focus is maintained to such an                                                               
extent that it is possible to be detrimental to effective                                                                       
communication with the parents whose children have been taken into                                                              
state custody.  To that end, it has been suggested that DFYS:                                                                   
consider how the agency can provide more medical and psychological                                                              
counseling information about children in state custody to parents;                                                              
work with the court system to establish a less intimidating, more                                                               
mediation-like process to resolve custody situations rather than                                                                
utilizing the very legalistic, somewhat intimidating child in need                                                              
of aid process.                                                                                                                 
                                                                                                                                
Number 0492                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON asked her to repeat that last sentence and then                                                                  
asked if that was like recommendation number five in the 1998                                                                   
audit.                                                                                                                          
                                                                                                                                
MS. DAVIDSON answered yes.                                                                                                      
                                                                                                                                
MS. DAVIDSON continued saying it was suggested that DFYS better                                                                 
publicize the procedures and process within DFYS that are open to                                                               
parents who believe that a social worker is not treating them                                                                   
fairly which goes to the ombudsman-like process; and make more of                                                               
an effort to solicit and document cooperation of parents in                                                                     
carrying out case plans so families can be unified in a more timely                                                             
manner.                                                                                                                         
                                                                                                                                
Number 0550                                                                                                                     
                                                                                                                                
MS. DAVIDSON mentioned other issues addressed in the report.  One                                                               
is that the legislature should consider amending relevant child                                                                 
protection statutes to provide better and more consistent casework.                                                             
This was accomplished by the prior legislature.  Improvements to                                                                
the agency's management information system are necessary from both                                                              
an internal management perspective and to report timely on the                                                                  
agency's caseload statistics.                                                                                                   
                                                                                                                                
Number 0582                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL asked Ms. Davidson if any credence was given                                                             
to the different regional setting of the different types of                                                                     
training or different priorities in the policy of taking reports of                                                             
harm.                                                                                                                           
                                                                                                                                
MS. DAVIDSON answered with regard to the differences in the offices                                                             
across the state, to the extent there were significant differences,                                                             
it was in how the agencies handled "workload adjust," which is that                                                             
determination of which cases get investigated and which ones don't                                                              
or are delayed.  That is the biggest difference seen across the                                                                 
regions.                                                                                                                        
                                                                                                                                
Number 0673                                                                                                                     
                                                                                                                                
RUSS WEBB, Deputy Commissioner, Department of Health & Social                                                                   
Services, came forward to comment and answer questions on the DFYS                                                              
Report and Audit.  He believes there are certainly areas of                                                                     
success.  It is unfortunate that the most recent effort of the                                                                  
Legislative Audit Division to look at the issues is not yet                                                                     
available to everyone.  Although he understands the reasons why                                                                 
that is the case, it would have made this meeting more fruitful for                                                             
everyone.  Given that information is not available, he will talk                                                                
about what he knows and try to not violate some of the things that                                                              
Ms. Davidson has asked him not to violate.  Some of the past                                                                    
recommendations, from the Legislative Audit Division and from other                                                             
forums like the Governor's Child Protection Review Task Force,                                                                  
talked about the need for additional staff in DFYS to get to the                                                                
point where there would be an adequate response to the legislative                                                              
mandate.  It is fairly clear now, as it was not clear a year ago,                                                               
that the impact of that additional staff is significant.  The DFYS                                                              
[with additional staff] is indeed able to respond to more reports                                                               
of harm, and fewer children are left unprotected.                                                                               
                                                                                                                                
MR. WEBB referred to a chart describing the percentages of reports                                                              
of harm that the DFYS responded to from July 1996 to February 2000.                                                             
In fiscal year 1997 at the time of the initial audit, the DFYS was                                                              
responding to about 70 percent of all the reports of harm.  The                                                                 
legislative mandate was to respond to every report of harm.  With                                                               
the addition of 28 new staff and a number of other improvements                                                                 
made of utilizing existing resources, the DFYS is now responding to                                                             
about 90 percent of reports of harm.  He believes that is a                                                                     
significant fact worthy of note.  He believes that the new law                                                                  
passed two years ago is demonstrably having some of the desired                                                                 
impact in terms of better protecting children, moving cases to                                                                  
permanent resolution and moving children into permanent homes                                                                   
quicker.                                                                                                                        
                                                                                                                                
MR. WEBB noted that DFYS has done everything in its power to                                                                    
effectively manage the budget that it has to support the efforts of                                                             
social workers and achieve the greatest response capacity possible.                                                             
Responding to a report of harm is not the entire job; it's just the                                                             
start.  The resources need to be allocated between responding and                                                               
moving children to permanency and trying to work with parents in a                                                              
productive way to resolve the issues that place children at risk.                                                               
This, as well as other things, will demonstrate that this is the                                                                
case.  The issue of focusing the resources on the highest risk                                                                  
cases is important.                                                                                                             
                                                                                                                                
MR. WEBB said he believes that the DFYS has improved its                                                                        
consistency in making sure the DFYS is prioritizing the response to                                                             
those cases that are highest risk.  That has been focused on in                                                                 
terms of the policies and procedures.  He agrees with Ms. Davidson                                                              
that a replacement of the management information system is critical                                                             
in making additional improvements throughout.                                                                                   
                                                                                                                                
CHAIRMAN DYSON apologized for his being late, the time constraints                                                              
of the meeting today and this report being heard at the end of                                                                  
session.  He asked if the department is now able to recruit the                                                                 
quality of staff to fill the vacancies.                                                                                         
                                                                                                                                
Number 0995                                                                                                                     
                                                                                                                                
MR. WEBB replied the DFYS is a much better position, and the                                                                    
problem three years ago does not exist now in filling vacancies.                                                                
The DFYS is able to fill as many positions with its current budget.                                                             
Staff is being trained, and higher quality staff is being hired.                                                                
The DFYS has engaged with the university to bring in more staff.                                                                
The answer is yes.                                                                                                              
                                                                                                                                
CHAIRMAN DYSON asked what is going on with turnover, what causes it                                                             
and what can be done to reduce it.                                                                                              
                                                                                                                                
MR. WEBB indicated that turnover has been reduced from 32 percent                                                               
in FY98 to the 21 percent that is projected for this year.  The                                                                 
single most critical factor he has heard from staff in regard to                                                                
turnover is the caseload and workload--the staff burns out.                                                                     
Training is another key issue.  Training for new staff helps reduce                                                             
their stress if they know what they're doing and how to do it well.                                                             
It is important to get more specialized training for tenured staff.                                                             
                                                                                                                                
Number 1085                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON asked Mr. Webb why the MIS [management information                                                               
system] hasn't been overhauled or replaced.                                                                                     
                                                                                                                                
MR. WEBB answered that the department doesn't have the money to                                                                 
replace it.  The department has asked for $5.4 million in the                                                                   
capital budget to replace the MIS.  If the department gets that                                                                 
money, the MIS will be replaced.  Several steps have been taken to                                                              
improve the use of the existing MIS.  A new project coordinator                                                                 
will be working on a contract to review the business processes and                                                              
try to get ready for assessing new applications and applying                                                                    
technology most efficiently to assist the staff.                                                                                
                                                                                                                                
CHAIRMAN DYSON said the budget and audit report identified the need                                                             
for an ombudsman-type function.  Several people have encourage the                                                              
House HES committee to become an oversight group.  He believes that                                                             
the Foster Care Review Board was working pretty good and was a good                                                             
direction to go and that got dropped two years ago.  He asked what                                                              
the department thinks about Legislative Budget and Audit's                                                                      
recommendation for an alternative mediation and ombudsman-type                                                                  
function for DFYS.                                                                                                              
                                                                                                                                
Number 1183                                                                                                                     
                                                                                                                                
MR. WEBB informed the committee that the DFYS is working with the                                                               
court system to try to take advantage of every mediation                                                                        
opportunity available in a variety of different forms.  That is                                                                 
part of good casework.  If it can use the court system's mediation,                                                             
that will be done.  There is an internal position to help resolve                                                               
complaints.  The DFYS disagreed somewhat with Ms. Davidson's                                                                    
recommendation that the DFYS find a special ombudsman; if the                                                                   
legislature wanted that, it should do that.  The DFYS doesn't                                                                   
disagree with that; it works with the ombudsman's office all the                                                                
time.  If the legislature wants to fund one, the DFYS would be                                                                  
happy to have it.                                                                                                               
                                                                                                                                
MR. WEBB noted the DFYS did establish a position, held by Tim                                                                   
Spengler, as an internal trouble shooter.  Part of Mr. Spengler's                                                               
focus is to try to field complaints that people have, get to the                                                                
root of those complaints, resolve them in whatever way he can,                                                                  
whenever possible and at least to get to the facts if he can't                                                                  
resolve them.  He believes Mr. Spengler has been successful in                                                                  
trying to prevent some things from going to the grievance process                                                               
or into court.  Mr. Spengler has tried to make certain that the                                                                 
grievance process is available to people.  The DFYS has tried to                                                                
fulfill the spirit of the recommendations that the legislative                                                                  
auditors made.  The DFYS disagreed in some instances on the                                                                     
specifics, but the intent was generally followed.                                                                               
                                                                                                                                
CHAIRMAN DYSON asked Mr. Webb what the court does for DFYS in                                                                   
mediation that isn't part of the formal court process.                                                                          
                                                                                                                                
MR. WEBB said essentially the court takes cases that might                                                                      
otherwise be headed to court and tries to resolve them through                                                                  
mediation, much like other civil litigation processes.  The court                                                               
has hired and trained mediators for that purpose.                                                                               
                                                                                                                                
CHAIRMAN DYSON asked Mr. Webb what other child protection agencies                                                              
around the country do in terms of the ombudsman's function or                                                                   
mediation or alternative complaint resolution.                                                                                  
                                                                                                                                
Number 1324                                                                                                                     
                                                                                                                                
MR. WEBB answered that many states take advantage of mediation                                                                  
processes much like the court established here.  Some agencies have                                                             
an internal ombudsman.  Some other states, like Alaska, have its                                                                
own ombudsman office separated from other things.  Mr. Spengler                                                                 
doesn't precisely serve an ombudsman function, but he certainly                                                                 
serves something akin to that in terms of fielding complaints and                                                               
trying to resolve them.  In addition, Alaska has a grievance                                                                    
process in regulation which most states don't have.                                                                             
                                                                                                                                
CHAIRMAN DYSON commented that many of the complaints his office                                                                 
receives often have to do with either the investigator getting bad                                                              
information and/or believing the wrong people or being unfair, or                                                               
being a monster, or having attitude or being prejudiced and so                                                                  
on--not the sort of things of classic mediation.  There is a real                                                               
problem with actions and decisions, and in some cases there is                                                                  
justification.  It is an emotional issue.  The perception of many                                                               
people who have encountered DFYS in an adversarial role is that all                                                             
of the resolution systems are in-house, and therefore very suspect.                                                             
He asked Mr. Webb to help the committee in the next few months to                                                               
find what other jurisdictions have done with that issue and see if                                                              
there is a way to increase the confidence of the public that there                                                              
is an objective review and certainly fund it.                                                                                   
                                                                                                                                
Number 1477                                                                                                                     
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Mr. Webb if there were any statistics                                                              
on false accusations and how the department has responded to those.                                                             
                                                                                                                                
MR. WEBB answered the department doesn't have a record of false                                                                 
allegations; those are exceptionally rare.  In his experience, he                                                               
doesn't know of a false allegation.  He believes what sometimes                                                                 
occurs is people make a good faith allegation that are not                                                                      
particularly well-based.  The examples of those that he is familiar                                                             
with are instances, particularly in custody battles, between                                                                    
estranged parents.  He has not found those to be false allegations;                                                             
in other words, he believes that the people believe that they are                                                               
making a legitimate complaint; they have a legitimate concern.  The                                                             
concern may not be well founded, but they believe it with all their                                                             
heart.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Mr. Webb about the priorities that the                                                             
department responds to in terms of a situation.  If someone says                                                                
this is priority one and the department says no, it is actually a                                                               
priority three, how does the department keep track of that.  He                                                                 
wondered how the department assesses which ones were indeed                                                                     
legitimate priority one cases and which ones were in reality                                                                    
priority three cases.                                                                                                           
                                                                                                                                
MR. WEBB answered the priorities are based on the information that                                                              
comes into the department.  The priorities essentially are based on                                                             
the risk of harm alleged, the child's age, the danger presented in                                                              
that kind of information as well as prior reports of harm.  The                                                                 
department doesn't know until it gets there what it will look like.                                                             
The department is able to assess what is found in an investigation                                                              
after the data is recorded.  To some degree those two things can be                                                             
compared.  People don't call the department and say they have a                                                                 
priority one; they call them with the information of the kind of                                                                
harm they believe is occurring to the child, and it is the                                                                      
department's assessment of whether it is a priority one, two or                                                                 
three.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KEMPLEN asked if statistics are kept on how the                                                                  
department responded based on its evaluation of either downgrading                                                              
or upgrading these calls.                                                                                                       
                                                                                                                                
Number 1667                                                                                                                     
                                                                                                                                
DEIRDRE O'CONNOR, Children Services Manager, Southeast Region,                                                                  
Family Services, Division of Family and Youth Services, Department                                                              
of Health & Social Services, came forward to answer questions.  The                                                             
priority levels are what DFYS uses to determine when it first needs                                                             
to get out to see the family, and how long a time the DFYS believes                                                             
the victim will most likely be able to be safe and not receive                                                                  
further harm.  If it is identified initially as a priority three,                                                               
it is going to be a priority three until DFYS goes out and sees the                                                             
family.  If at that point it is realized that lots of circumstances                                                             
exist that were not related to the DFYS, and it needs to act very                                                               
quickly to protect the child, the DFYS doesn't necessarily go back                                                              
and change the priority level because at that point it is actively                                                              
involved in the investigation.  The DFYS is working on the family's                                                             
need as opposed to what the report of harm needs to be called.                                                                  
                                                                                                                                
MS. O'CONNOR noted if there is a case identified as priority three                                                              
and then two days later another report of harm is reported on the                                                               
same child or family, that will come up as that information is                                                                  
entered in the current MIS.  That would then be upgraded to a                                                                   
priority two or one because two reports of harm were received in a                                                              
very short time which says it is a very significant situation.                                                                  
Once the DFYS actually lays eyes on the child, whether or not it is                                                             
a priority one, two or three, is of less importance than doing an                                                               
assessment of risk of harm to the child.                                                                                        
                                                                                                                                
MR. WEBB added the brief answer is the DFYS hasn't compared that                                                                
information. What does occurs though, in some instances, based on                                                               
the assessment of the information the DFYS got, it may be a                                                                     
priority one, but when the DFYS goes out, it finds that the                                                                     
situation is not as it appeared to be.  The same things occurs on                                                               
the reverse side.  There may be a priority three report and after                                                               
investigation, it turns out that the child is at great risk of                                                                  
harm.  He doesn't have the data that tells him how many of those                                                                
occur.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KEMPLEN concluded that Mr. Webb couldn't tell him                                                                
how many priority ones occurred within the past month.                                                                          
                                                                                                                                
MR. WEBB said he could tell him that, but he could not tell him how                                                             
many priority ones, upon investigation, were actually priority two                                                              
or three and vice versa.                                                                                                        
                                                                                                                                
REPRESENTATIVE KEMPLEN asked for the reasons why that information                                                               
is not available.                                                                                                               
                                                                                                                                
MR. WEBB answered that information is not recorded; all that really                                                             
matters is what action is needed to protect the child.  The                                                                     
priority system is designed for resource allocation, not for                                                                    
ranking risk at the time of investigation.  The value of it is gone                                                             
at the time the resource has been allocated.                                                                                    
                                                                                                                                
REPRESENTATIVE KEMPLEN asked Ms. Davidson if she thought this                                                                   
priority ranking would fit into the category that she reported that                                                             
no consistent policies and procedures were in place for reports of                                                              
harm.                                                                                                                           
                                                                                                                                
MS. DAVIDSON answered yes, there is a priority ranking system, but                                                              
what was seen in some regions was risk category three was not being                                                             
responded to but priority one and two were being responded to.                                                                  
Other regions responded to priority one, some priority two cases                                                                
weren't being responded to and none of the priority three cases                                                                 
were being responded to.  While there was a ranking system, it fell                                                             
apart in consistent decision making.                                                                                            
                                                                                                                                
Number 1855                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON asked Mr. Webb for the department's response to the                                                              
children who have aged out or gotten out of the system and have had                                                             
real problems in transition.  [This is referenced from a letter                                                                 
from Tony Lombardo of Covenant House Alaska in Anchorage to                                                                     
Representative Dyson.]                                                                                                          
                                                                                                                                
MR. WEBB replied there is no question that there are kids who have                                                              
difficulty in transition.  He believes that the people at Covenant                                                              
House see kids who have had contact with DFYS at various times in                                                               
their lives, some of whom may have run away from a foster home or                                                               
other things.  He asked some of the staff to take a look at a list                                                              
provided by Representative Dyson, and the staff was able to                                                                     
identify five or six of the kids on the list even though last names                                                             
were not given.  It seems fairly clear that Covenant House doesn't                                                              
have some of the information.                                                                                                   
                                                                                                                                
MR. WEBB indicated that some of the people on the list have been                                                                
dropped from DFYS care and are in residential care.  It is not                                                                  
clear to him how accurate the list is, but there clearly is a                                                                   
problem helping kids transition out of DFYS custody, and there                                                                  
clearly is a problem with some kids coming to Covenant House as                                                                 
runaways from their parents.  Those kids may allege abuse or                                                                    
neglect; the DFYS may do an investigation and find out that there                                                               
are willing and able parents capable of caring for those kids, and                                                              
the kids simply don't want to return home.  Those are not child                                                                 
protection cases necessarily; those are kids with problems and some                                                             
of them are open cases.  There is a runaway position in Anchorage                                                               
that tries to work with those kids.                                                                                             
                                                                                                                                
CHAIRMAN DYSON summarized Mr. Webb's answer that some of those kids                                                             
were in state custody or runaway status.  Some of those kids are                                                                
kids who have either never been or may not have gone through                                                                    
reunification or alternative placement and the case was closed, but                                                             
they did at some point in their life have contact with DFYS.  He                                                                
wondered if there is another category.                                                                                          
                                                                                                                                
MR. WEBB said there potentially is another category, one where the                                                              
case is closed, the kid becomes an adult and receives a significant                                                             
amount of money.  The department holds in trust the permanent fund                                                              
dividends, as it legally has to do, which is released to the person                                                             
when he/she becomes an adult.  In one case, the young adult ended                                                               
back in Covenant House soon after his release without the money.                                                                
That is precisely the kind of issue that needs to be dealt with                                                                 
through transition independent living training.  Kids need to learn                                                             
how to manage their money and be prepared to be adults before they                                                              
get the money.                                                                                                                  
                                                                                                                                
Number 2050                                                                                                                     
                                                                                                                                
TONY LOMBARDO, Director of Advocacy, Covenant House Alaska,                                                                     
testified via teleconference from Anchorage.  He wanted to raise                                                                
this issue on behalf of the program staff.  They are not trying to                                                              
cast any dispersions on DFYS, but there are information flow                                                                    
issues.  The Covenant House would like to ascertain as best it can                                                              
where these kids are coming from because for the staff, the kids                                                                
are real case histories.  The staff are concerned that there are                                                                
youth who receive the trust funds and are released right to the                                                                 
street without anywhere to go.  There are possibly kids being                                                                   
released before they are 18 for a variety of reasons, whether they                                                              
are runaways, they simply can't ascertain their custodial status                                                                
but the Covenant House is just seeking a solution to a better                                                                   
interface with DFYS on behalf of the kids.                                                                                      
                                                                                                                                
CHAIRMAN DYSON asked Mr. Lombardo if he or someone on the staff                                                                 
would be willing to serve on a task force to work on this problem.                                                              
                                                                                                                                
MR. LOMBARDO replied absolutely.                                                                                                
                                                                                                                                
CHAIRMAN DYSON asked Mr. Webb if there was someone in DFYS in                                                                   
Anchorage that Mr. Lombardo could touch base with to facilitate the                                                             
communication breakdown.                                                                                                        
                                                                                                                                
MR. WEBB suggested that James Steele, the Children's Services                                                                   
Manager in Anchorage, would be more than happy to talk with Mr.                                                                 
Lombardo.  In regard to the question about a task force, he                                                                     
suggested contacting Ms. O'Connor.  With the federal money that is                                                              
coming, there are some some requirements that DFYS will work with                                                               
collaborative partners in the community, like Covenant House, and                                                               
thus DFYS would be happy to include them in that planning process.                                                              
                                                                                                                                
CHAIRMAN DYSON asked if the federal act and the funding allow for                                                               
some financial support to the community partners.                                                                               
                                                                                                                                
MR. WEBB noted he couldn't answer that question because he didn't                                                               
know all the "strings attached to the dollars."                                                                                 
                                                                                                                                
REPRESENTATIVE KEMPLEN asked what happens if there is a false                                                                   
accusation called in to DFYS.                                                                                                   
                                                                                                                                
Number 2149                                                                                                                     
                                                                                                                                
MR. WEBB said it would be difficult to determine if it was a false                                                              
accusation as opposed to the kind he described earlier.  For                                                                    
example, reports of harm may come in anonymously and the intent of                                                              
the reporter cannot be interpreted.  The DFYS can try to assess and                                                             
get as much information about that as it can.  The DFYS can go out                                                              
and determine whether the report had a foundation or not; but it is                                                             
not in the business of doing criminal investigations about the                                                                  
intent of the reporter.  If there is no foundation to the report,                                                               
then the DFYS will take no further action.                                                                                      
                                                                                                                                
REPRESENTATIVE KEMPLEN asked if there is a penalty for someone                                                                  
saying something false.                                                                                                         
                                                                                                                                
CHAIRMAN DYSON interjected to Representative Kemplen that that                                                                  
subject has come up a lot of times.  A fair number of the reports                                                               
are spite motivated and have to do with custody hearings, jealousy                                                              
and all kinds of stuff.  Quite a bit of time has been spent trying                                                              
to figure out how to deal with that but also not inhibit people                                                                 
feeling the freedom to report when they are not sure, but it                                                                    
appears to them there is harm.                                                                                                  
                                                                                                                                
CHAIRMAN DYSON told Mr. Webb that more than a year ago a group met                                                              
and wanted to get a brochure out to give to parents when a child is                                                             
taken from them.  He would like the department's assurance when he                                                              
gets his part done, that the department will review and approve it                                                              
and will start using it.  He asked if, at this point, parents who                                                               
have lost custody of their children temporarily or whatever have                                                                
adequate access to legal help.                                                                                                  
                                                                                                                                
MR. WEBB answered if parents are unable to afford counsel, the                                                                  
court will appoint counsel for them.  He believes that is working.                                                              
The public defender and OPA [Office of Public Advocacy] are                                                                     
constrained in terms of their budget, but this is a priority area.                                                              
                                                                                                                                
CHAIRMAN DYSON said another one he is eager to work on is the                                                                   
independent ombudsman suggestion and the resurrection of the foster                                                             
care review board.                                                                                                              
                                                                                                                                
CHAIRMAN DYSON indicated this is not the end; the committee is all                                                              
going to stay involved in this issue.  If people have their                                                                     
questions faxed in, he will try to get some of those answers for                                                                
them.                                                                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:11 p.m.                                                                                                      

Document Name Date/Time Subjects