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Child Welfare Legislative Oversight Panel

MINUTES OF THE

CHILD WELFARE LEGISLATIVE OVERSIGHT PANEL

November 18, 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 9:00 a.m.

1.    Panel Business_
    a.     Approval of minutes of October 7, 1997 minutes
    
     MOTION: Chair Haymond moved that the minutes of the October 7 , 1997 meeting be approved as printed. The motion passed unanimously. Rep. Barth was absent for the vote.

    b.    Review of Custody Trends in the Division of Child and Family Services (DCFS) _ Bryant R. Howe, Research Analyst, distributed to the panel information regarding the number of children in the custody of the DCFS, number of children by treatment goal and permanency status, percent of caseload by permanency goal, number of new cases opened vs. the number of cases closed, foster care recidivism rates, number of children in custody who are free for adoption, and child abuse and neglect cases. Mr. Howe reported that the number of new cases opened has declined and the number of child abuse victims has increased in the last quarter .

    Mr. Howe referred to the handout titled "Adoption and Safe Families Act of 1997" and highlighted changes in the federal legislation. Robin Arnold-Williams, Director, Department of Human Services (DHS), distributed a summary of the major provisions of the bill titled "Legislative Alert _ Final Adoption Bill Passes House and Senate: President to Sign Bill This Week."

2.    Child Welfare Amendments_
    a.    Review of Proposed Legislation _ Janetha W. Hancock, Associate General Counsel, reviewed the draft legislation "Child Welfare Amendments." She outlined the changes as follows:
1.    Civil definitions of "child abuse" in Title 62A and Title 78 are amended to include "commission of domestic violence in the presence of a child." Chair Hillyard requested information on the various definitions of domestic violence in statute.
2.    The attorney general's office is authorized to employ and utilize special child protective services investigators to investigate allegations of abuse and neglect while a child is in DCFS custody, or when the abuse or neglect is alleged to have been committed by an employee of DCFS.

     MOTION: Sen. Wharton moved that the language on page 10 line 4 of the bill be changed to read "a Department of Human Services employee." The motion passed unanimously. Rep. Barth was absent for the vote.

3.     Clarification to the statute governing process for removal from a foster home.

4.     Jurisdiction of juvenile court to:
        a. enter protective orders on behalf of minors - unless parent v. parent
        b. order testing for and determine paternity in specified cases

5.     Change to one standard at shelter hearing.

6.    "Kinship care": Placement with a relative to be reviewed at least every six months - no later than 12 months after placement, the court shall schedule a hearing for the purpose of entering a permanent order based on child's best interest.

7.    Limitations of preferential consideration of placement with non-custodial parent.

8.    Allows termination of parental rights hearing to be held in lieu of or in conjunction with permanency hearing. Carol Verdoia, Attorney General's Office, stated that the need for clarification of this language came from a court of appeals case.

9.    Evidence of grounds for termination of parental rights: changes and clarifications. Chair Hillyard requested that language be added to include retroactivity.

10.    Early intervention for juveniles program expanded into Third District Juvenile Court and funding re-authorized.

    b.    Public Comment _ Scott Clark, Board of Child and Family Services, feels there are provisions in the proposed legislation that may undermine the ability of parents or relatives to intervene in the process. He suggested the panel ask for the judges' input regarding their decisions against the recommendations of DCFS. Chair Haymond said he will continue to work with the Administrative Office of the Courts on those issues.

    Ken Patterson, Director, Division of Child and Family Services, said he appreciated the

forum for participation in drafting this legislation.

    c.    Panel Discussion and Action _ Chair Haymond said that input on the draft legislation "Child Welfare Amendments" is welcomed. He requested that suggestions be submitted by the first week in December prior to the numbering of the bill.

3.    Independent Child Protection Ombudsman_
    a.    Review of Proposed Legislation _ Bryant R. Howe, Research Analyst, reviewed the proposed legislation "Independent Child Protection Ombudsman." He said the bill creates the position of child protection ombudsman within state government, describes the duties and powers of the ombudsman, and provides for compensation. Mr. Howe noted that this bill is based on Michigan and Washington law. He then addressed the following issues for the panel: investigations and decisions by the ombudsman, who may request investigation, actions required, classification of records, access to records, and ombudsman reports and recommendations.

    Sen. Wharton said the purpose of the bill is to strengthen the Office of the Child Protection Ombudsman (OCPO). He said the ombudsman's office is the appropriate place to remedy the problems that people have with the system.

    b.    Public Comment -- Ms. Arnold-Williams said the governor's chief of staff does not support the requirement in the bill that the ombudsman report directly to the governor. She said this bill significantly increases the number of cases heard by the ombudsman and would, therefore, require additional staff and funds. She noted that DHS would be willing to codify the Office of Child Protection Ombudsman within the DHS statute if the panel so desires.

    Mr. Clark said this legislation creates a conflict within agencies including the Attorney General, Guardian Ad Litem, and the courts. Scott Reed, Attorney General's Office, recommended this bill cross reference the statute regarding confidentiality of records. Ms. Verdoia said the ombudsman may not have authority over court orders. Carolyn Nickels, Attorney General's Office, said this bill also creates a conflict with the consumer hearing panel.

    c.    Panel Discussion and Action _ Sen. Hillyard recommended adding "unmarried" person and "disabled person over the age of 18" to the definition of "child."
        
    Sen. Wharton said he will continue to work on the bill and encouraged further input. He stated that the OCPO is an effective program that needs to be strengthened and expanded.

4.    Adjournment _

     MOTION: Sen. Wharton moved to adjourn the meeting at 10:50 a.m. The motion passed unanimously.

        

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