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Child Welfare Legislative Oversight Panel

MINUTES OF THE

CHILD WELFARE LEGISLATIVE OVERSIGHT PANEL

July 15, 1997--10:00 a.m. -- Room 305 State Capitol



Members Present:    
    Sen. Lyle W. Hillyard, Senate Chair
    Rep. J. Brent Haymond, House Chair
    Sen. Blaze D. Wharton
    Rep. Steven Barth
    Rep. Nora B. Stephens
    
        



    
Staff Present:
    Mr. Bryant R. Howe
     Research Analyst
    Ms. Janetha W. Hancock
     Associate General Counsel
    Ms. L. Kaye Clark
     Secretary


Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of         Legislative Research and General Counsel.

                
1.    Panel Business--

    a. Sen. Wharton called the meeting to order at 10:15 a.m.

2.    Update on Process for Hiring of New Director of the Division of Child and Family Services-- Rod Betit, Executive Director, Department of Human Services, reported to the committee on the status of recruitment for a new director. He said that the goal is to hire a proven child welfare professional possessing excellent clinical, administrative, and legislative skills, with at least ten years of experience. From the twelve applications received, two candidates have been selected for final interviewing by Governor Leavitt. The new director is expected to start by mid-September.
        
3.    Report on Results of Child Welfare Meeting Sponsored by Utah Children--
Representatives from Utah Children Board -- Judge Regnal Garff, Flora Weggeland, and Kay Jacobson distributed copies of a summary of the proceedings entitled "Child Welfare At The Crossroads: Making a Better Future For Our Children."     

    Judge Garff explained that there were 140 participants at the meeting, including a diverse cross section of those involved with child welfare services. The participants divided into groups to identify critical barriers in the system and then make recommendations for change.

    Judge Garff reviewed two of the barriers listed in the report. The first concerns the current training of workers, attorneys and volunteers is fragmented and may not promote understanding and trust among the persons who are regularly in contact. There is no training in the collaborative model, no training in group decision-making, and little or no cross-training. Recommendations for change include training staff with a collaborative model, use of mentors,

involving other stakeholders in the training, and use of stakeholders at the local level as a resource.

    The second barrier is that service plans are not flexible or individualized to address the individual child and/or family needs. Plan preparers often focus on one process or outcome to the exclusion of others. Recommendations for change include assigning primary responsibility to the caseworker to promote collaboration, encouraging better attendance by attorneys, promoting the ability to collaborate by assigning one caseworker and Guardian Ad Litem to one judge, training attorneys and judges in child development and family issues, training social services workers in legal concepts, and the use of an independent mediator to assist service planners in securing more agreement.

    Ms. Weggeland also reviewed the following barriers listed in the handout: 1) the lack of trust and communication among system stakeholders in the allocation and use of resources and 2) the lack of trust and communication among all the players involved in preparation and delivery of service plan. Recommendations for change in these areas include: use of "managed care" model to pool resources, move toward a "children's budget" format, provide information at state and local level regarding the Families, Agencies, and Communities Together (FACT) Initiative with the goal of prevention and intervention and hard-to-serve cases, involve the GAL and the defense counsel in the service plan development, clarify the purpose of visitation between the child and the natural parent, and provide training about the role of the therapist . Ms. Weggeland also suggested the legislature consider legislation mandating cooperation across all agencies, including school districts.

    Mr. Howe noted that H.B. 231, effective July 1, 1996, provided incentives to communities to develop collaborative community-based plans for at risk children. To date, no community has come forth with such a plan. He said that the mechanism already exists under H.B. 231 to make the recommended changes.

    Ms. Jacobson said other barriers discussed by the forum include: 1) low morale, risk of burnout and high turn over, especially among foster parents and caseworkers, but also among attorneys; 2) lack of adequate resources and services to prevent abuse and neglect and to promote family stability; 3) foster parents are not currently viewed and treated as full partners in DCFS service delivery to children and families ; and 4) the natural parents tend to be systematically excluded. The forum recommendations for these areas of concern include: providing better salaries, developing a uniform reporting format within DCFS and between agencies, create job descriptions for case managers, perform candid exit interviews to document turnover issues, develop career ladder for caseworkers, create job descriptions for foster parents and improvement in prevention services and other supports for family stability .

    
Judge Garff concluded with the suggestion that the FACT Steering Committee be given

responsibility for implement ing the recommended changes.

    Rep. Haymond expressed appreciation for the work done in identifying these issues. He stated that work must be done to solve problems at the family level. He praised the Youth Reclamation Program as a collaborative effort that has had remarkable results.
        
4.     Review of Recent Caseload Trends in the Division of Child and Family Services-- Bryant R. Howe, Research Analyst , distributed a handout with charts showing the trends in the following areas: 1) number of children in custody of the Division of Child and Family Services, 2) percent of caseload by permanency status, 3) number of children by treatment goal 4) number of new cases opened vs. Cases closed, 5) ratio of new cases opened vs. Cases closed, 6) foster care recidivism rates, 7) number of child abuse referrals, 8) number of substantiated child abuse referrals, 9) disposition of child abuse referrals, and 10) number of foster homes.

    Mr. Howe noted that these charts show record high numbers for this month in the number of children in custody and new cases opened. Also, the number of substantiated child abuse referrals have increased. After several months of declining, the number of foster homes increased by 51 in May over April.

    
Rep. Haymond asked Mr. Howe to discuss treatment goals for children in custody. Mr. Howe said those children with a return home goal remain in custody for an average of 11.8 months. He will prepare a report showing the length of stay in custody by treatment goal.

5. Update on Monitoring Panel Activities_
Pamela Atkinson, Chair, reminded the committee of Judge David Winder's orders to prepare a report for October 1996 through March 1997, tell the court what resources were needed to complete the report, and prepare a comprehensive plan including any non-compliance discovered by the panel. After conducting a nationwide search of child welfare experts, Paul Vincent's Child Welfare Policy Practice Group was selected to be the consultant. This group has interviewed 69 people, will review 400 cases and then follow up on 50 children. The focus on the follow up will be to evaluate the outcome for the children.

    Rep. Haymond stressed the need for common methodology. Ms. Atkinson agreed and said that has been taken into consideration.

    Rep. Barth asked when the report and plan is expected to be completed. Ms. Atkinson said that should happened within the next four months.

    Sen. Hillyard inquired about the cost of the audit. Ms. Atkinson said that the total cost

will be $280,000. Since the money was not in the budget, the state has agreed to pay for the audit because it was a federal order.
    
    Sen. Wharton asked Ms. Atkinson about the status of the Grievance Council. She suggested the roles and responsibilities of the Grievance Council and the Consumer Hearing Panel be clearly stated to avoid confusion.    

    Rep. Haymond thanked Ms. Atkinson for her input.            

6.     Oversight Hearing: Implementation of Section 62A-4a-117, Performance Monitoring System and Policy and Management Information System Review--

    a. Review of Statute--Bryant R. Howe, Research Analyst, distributed copies Section 62A-4a-117. He said that this section requires the director to submit a written report describing the difference between the actual performance and performance goals of the Division. This report is due December 31, 1997.

    b. Report --Kathryn Cooney, Division of Child and Family Services, reviewed the handouts entitled "Division of Child and Family Services, Outcome Measures, Performance Monitoring System Summary Baseline Data FY '96". This report identifies the desired outcomes and performance goals, provides a clear definition of data, and provides an example of what the data demonstrates. The report also shows areas where data is insufficient.

    Ms. Cooney presented the following information from the handout: 1) the average length of time for all children before they achieved permanency was 10.2 months; 2) since 1981, 10% of adoptions have been dissolved, and the child has been returned to DCFS custody; and 3) 27 percent of children adopted were adopted by their foster family .

    Rep. Stephens asked what the legislature could do to reduce the time before permanent deprivation. Ms. Cooney suggested the panel explore mediation as an alternative to permanent deprivation through the court so that families could voluntarily give up their rights .

    
Mr. Howe praised the agency for the excellent job that was done on this report. Rep. Haymond thanked Ms. Cooney for her work on this report.

7.    Other Business_


        a.     Future Meeting Dates: August 19th, September 9th, October 14th , and November 18th

    Chairman Haymond adjourned the meeting at 12:00.


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