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Child Welfare Legislative Oversight Panel
MINUTES OF THE
CHILD WELFARE LEGISLATIVE OVERSIGHT PANEL
August 19, 1997--9:00 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.
Chair Hillyard called the meeting to order at 9:05 a.m.
1. Panel Business_
a.
Approval of minutes of June 24, 1997 and July 15, 1997 meetings
MOTION: Chair Haymond moved that the minutes of the June 24, 1997 and July 15, 1997 meetings be approved as printed. The motion passed unanimously.
b. Review of Custody Trends in the Division of Child and Family Services--Bryant R. Howe, Research Analyst, reviewed charts showing the number of children in custody,
number of children by treatment goal, percent of caseload by permanency status, number of
foster homes, and children in custody by living arrangement other than shelter care.
Mr. Howe said there is a wide variety of living arrangements for children in the
custody of the division other than shelter care. These arrangements include: 475 children in
basic foster care, 514 in specialized foster care, 164 in psychiatric and sex offender treatment,
and 188 living in their own homes or with a relative. There are also 75 runaways whose
whereabouts are unknown.
Mr. Howe distributed a report from the Nation Center for Policy Analysis titled "The
State of The Children: An Examination Of Government-Run Foster Care." This report ranks
states' child welfare systems by 1) the percent of the state's population of children in foster
care and 2) the number of foster child adoptions in the state in 1996. Utah ranked third in the
nation. Mr. Howe said this was due to the large number of adoptions with the "MASH"
project in 1996, and the fact that Utah has a lower percent of children in foster care than most
states.
Pamela Atkinson, Monitoring Panel, said there is a drop-in shelter for runaways.
There are also plans for a group home for older children (17-18 years) who are not capable of
independent living.
2. Child Fatality Review Committees in Utah_
a. Department of Human Services- Terry Johnson, distributed a handout titled "DHS Fatality Reviews." She said the DHS Fatality Reviews process is set up to review the
department's response to the death of a client and to insure that proper policies and procedures
were followed when services were delivered. The committee also makes recommendations
about policies and procedures which should be changed in order to provide maximum safety to
clients.
Ms. Johnson said reviews are mandated by department policy in the following cases:
.
all children who are currently receiving services
.
all children who have received DCFS services in the past year
.
any other death the department deems appropriate
.
reviews mandated by the Settlement Agreement (in place since 1994)
Sen. Hillyard asked how many deaths have been investigated so far this year. Ms.
Johnson said they have reviewed approximately 30 deaths which is 22 percent of all childhood
deaths in the state.
Sen. Wharton asked if the recommendations of the Fatality Reviews are implemented.
Robin Arnold-Williams, DHS, said the division directors are held responsible for
implementing or resolving any disagreement with the recommendations.
b. Department of Health - Patricia Keller distributed a handout titled "Utah Child Fatality Review Committee Fact Sheet." She said the goal of the Child Fatality Review
Committee (CFRC) is the development of a better understanding of child fatalities in order to
reduce the preventable, intentional and unintentional deaths to children 0-19 years of age in
Utah.
Criteria for full committee review include: inaccurate and incomplete death certificate;
investigation problems; concerns about medical care access, quality or other issues;
incongruency between the autopsy and death certificate; and degree of preventability.
Ms. Keller said there is funding in place for a one year study of adolescent suicide.
This study includes ages 14- 21. There are approximately 65 deaths due to suicide in this age
group each year in Utah.
Sen. Wharton expressed concern about childhood deaths caused by abuse and neglect.
Ms. Keller said the number is about 3-4 per year. Ms. Atkinson said that by removing
children from abusive homes, there may be fewer cases of abuse.
Chair Haymond requested that Ms. Arnold-Williams send the panel copies of the letter
from Rod Betit regarding DCFS compliance with certain requirements. She agreed to send
copies of the letter.
3. Overview of the Utah Child Welfare System: System Components, Requirements, Time Frames, and Performance_Janetha W. Hancock, Associate General Counsel, and Bryant R.Howe, Research Analyst, reviewed the document "The Utah Child Welfare Statutory
System" which charts the steps taken after child abuse or neglect is reported to DCFS. Ms.
Hancock said that the statute requires a thorough investigation upon receipt of the report of
abuse or neglect. If abuse or neglect is substantiated and the child is removed from the home,
the parents receive a written statement of procedural rights and the child is placed in DCFS
"protective custody." Ms. Hancock went through the options available at each step in the
process including: shelter hearings, returning the child to the home, placement with other
parent or relative, DCFS temporary custody, reunification efforts, permanency hearing,
termination of parental rights and adoption.
Mr. Howe said that staff will complete this chart with data on the performance of the
child welfare system for next month's meeting.
Sen. Wharton asked about placement of the child after being taken into DCFS
protective custody and before the shelter hearing takes place. Ms. Hancock said the notice
requirement states that the person who takes the child into custody shall immediately inform
through the most efficient means available, the parent, guardian or responsible relative. Mr.
Howe said the parents will also be notified by the 72 hour hearing.
Ms. Hancock said that the Child Welfare Reform Act of 1994 limited reunification
efforts. Efforts may not extend beyond 12 months from the date the child was removed from
the home.
4. Other Business --
Ms. Arnold-Williams distributed a document titled "Division Of Child And Family
Services Consumer Complaint Resolution Processes" to answer the questions raised at last
month's meeting regarding the Grievance Council.
Sen. Wharton discussed his concerns that the Consumer Hearing Panel and the
Grievance Council can provide no relief because they do not have the power to resolve
problems. He said that the Office of Child Protection Ombudsman is effective but should not
be located in the same office as DHS. He said that the Ombudsman office needs to be
independent to ensure neutrality.
Rep. Stephens agreed with Sen. Wharton and said that Michigan has this hearing
process in place. She requested that the Child Welfare Legislative Oversight Panel obtain
information from Michigan and make specific proposals regarding the creation of an
independent ombudsman office to handle all hearings.
Chair Hillyard said that the next meeting of the Child Welfare Legislative Oversight
Panel will be held on Sept 9, 1997. The meeting agenda will include these items:
.
What is the purpose of the Consumer Hearing Panel and the Grievance Council?
.
How can we make them more effective?
.
What would happen if we did away with them and made the Ombudsman independent?
Chair Hillyard adjourned the meeting at 11:00 a.m.
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