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MINUTES OF THE
CHILD WELFARE LEGISLATIVE OVERSIGHT PANEL
November 6, 1998_9:00 a.m. -- Room 405 State Capitol
Members Present:
Sen. Lyle W. Hillyard, Senate Chair
Rep. J. Brent Haymond, House Chair
Sen. Blaze D. Wharton
Rep. Nora B. Stephens
Rep. Steve Barth
Staff Present:
Mr. Bryant R. Howe,
Research Analyst
Mr. R. Chet Loftis
Associate General Counsel
Ms. Tracey Fredman
Legislative 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 9:10 a.m.
1. Panel Business --
MOTION:
Rep. Haymond moved that the minutes of the October 23, 1998 meeting be approved as printed. The motion passed unanimously.
a. Mr. Bryant Howe, Research Analyst, distributed to the panel an update regarding the number of children in the custody of the Division of Child and Family Services by Treatment
Goal and Permanency Status, and percent of caseload by Permanency Status. He commented
that the caseload dropped significantly in November, 1998.
2. Child Abuse Database Amendments _
a. Mr. Chet Loftis, Associate General Counsel, distributed a document titled "Child Abuse Database Proposals." Also distributed were copies of statutory text of Juvenile Records
and Child Hearsay, and Child Abuse and Neglect Statues At A Glance. Discussion followed on
each proposal contained in the first handout. These proposals dealt with the following issues:
1. Returned notices
MOTION: Rep. Barth moved to adopt the return notice paragraph which reads "As to a returned notice, it is proposed that: (1) information be included on the licensing database in such
a way that it alerts the department that a person who is applying for a license has a substantiated
finding of abuse or neglect that he has not had the opportunity to challenge because his hearing
notice was returned as undelivered; and (2) before the licensing process may go forward, the
person be given the opportunity to challenge the finding at a hearing." This motion passed
unanimously.
2. Juveniles
MOTION: Rep. Haymond moved to include paragraphs 1, 2, and 3, as stated in the proposal, "As to juvenile perpetrators, it is proposed that: (1) for those under 8, no substantiated
finding of child abuse be included on the licensing database; (2) for those between 8 and 14,
substantiated findings of child abuse in which predatory conduct results in serious harm be
included on the licensing database; (3) for those between 14 and 18, substantiated findings of
child abuse be included on the licensing database. The motion passed unanimously.
Rep. Barth suggested amending paragraph 4 to read "Excepting cases of sex abuse a
juvenile may be remove a substantiated finding of abuse three years after reaching the age of
majority if (a) no substantiated finding of abuse has made been made since reaching majority and
(b) rehabilitation, as defined by the Department of Human Services, has been attained. .
3. Hearsay Statements
MOTION: Rep. Haymond moved to amend the proposed paragraph as follows "As to a child's hearsay statement, it is proposed that: (1) an administrative law judge be given the
discretion to substantiate a finding of child abuse solely on the hearsay statement of child that
qualifies for admission under the provisions of Section 76-5-411 or Criminal Procedure Rule
15.5." The motion passed unanimously.
4. SAFE Database
MOTION: Rep. Haymond moved to accept paragraph 1 as stated, and paragraph 2 with modifications as follows "As to allegations on the SAFE database, it is proposed that (1)
"without merit" allegations be removed after one year if no subsequent allegation has occurred;
and (2) unsubstantiated allegations be toward an individual be removed as a data item on the
SAFE file after 10 years except if (a) no substantiated allegation exists, and/or (b) DCFS gives
cause that it should remain on the file. The motion passed with Rep. Barth voting in opposition.
5. Licensing Database Offenses
MOTION: Rep. Barth moved to accept the proposal as stated "As to the offenses that may be included a substantiated findings on the licensing database, it is proposed that no change
be made to existing law." The motion passed unanimously.
6. Access to Databases
MOTION: Rep. Barth moved to accept the proposal as stated "As to those who may access a child abuse database, it is proposed that access to the database by prosecutors be
clarified." The motion passed unanimously. Sen. Hillyard was absent for the vote.
7. Expanded Use
MOTION: Sen. Wharton moved to accept the proposal as stated "As to expanded use of the licensing database to screen for additional purposes, it is proposed that any expanded use
result in a new notice and an opportunity to challenge being given to each person who had not
previously taken advantage of the hearing process." The motion passed unanimously. Sen.
Hillyard was absent for the vote.
8. Judicial Findings
MOTION: Sen. Wharton moved to accept the proposal as stated "As to the preclusive effect of a judicial finding of substantiated abuse, it is proposed that a person be able to request a
hearing, notwithstanding a judicial finding of substantiated abuse, if that person was not a party
to the proceeding in which the finding was made." The motion passed unanimously. Sen.
Hillyard was absent for the vote.
MOTION: Rep. Stephens moved to add a provision stating that access to the SAFE Database and the Licensing Database will be restricted to those agencies, entities, and parties
who have a legitimate responsibility to protect children, as currently specified in law. The
motion passed unanimously. Sen. Hillyard was absent for the vote.
Mr. Howe clarified the motion by saying that in effect employers may not require
information from the database as a condition of employment. Rep. Haymond said that the effect
of the motion is that the SAFE Database and the Licensing Database cannot be used for any other
purpose except what has been defined in law. Rep. Barth said the issue is too complex and
should be addressed in a separate bill. Rep. Haymond requested that the staff put this into the
bill for further discussion.
3. Other Business
a. Next Meeting Date November 24, 1998.
4. Adjournment
Rep. Haymond adjourned the meeting at 11:20 a.m.
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