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January 13 & 14, 2004
Notes from the House Interim Committee on Child Abuse, Neglect, Foster Care & Adoption (by Kim Howes, NCCAI)
January 13, 2004
Present: Rep. Jennifer Weiss (co-chair), Rep. Tim Moore (co-chair), Rep. Jeff Barnhart, Rep. Bobby Barbee, Rep. Curtis Blackwood, Rep. Becky Carney, Rep. Margaret Dickson, Rep. Beverly Earle, Rep. Rick Eddins, Rep. Jean Farmer-Butterfield, Rep. Phillip Frye, Rep. Howard Hunter, Rep. Maggie Jeffus, Rep. David Lewis, Rep. Marvin Lucas, Rep. Earline Parmon, Rep. Jean Preston, Rep. Karen Ray, Rep. John Rayfield, Rep. Deborah Ross, Rep. Alex Warner, Ms. Tamara Barringer, Ms. Jennifer Tolle-Whiteside.
Deputy HHS Secretary Lanier Cansler gave a presentation on NC FAST. They need a plan and then money. They will be producing their plan over the next 4 months. There is a $9 million net cost just for the connectivity to a 1970's-based system. They really need a web-based system. The $9 million is not appropriated money; it is HHS money. They would like this to be an appropriation in the Continuation Budget. The consultants have projected a $100 - $200 million savings to the counties. The State can use Federal matching funds for this. They are looking at the Minnesota plan. This is one that the Feds have already approved and that fits our needs.
Rep. Earle said that she likes the Mecklenburg system. Mr. Cansler says there is no child welfare component to it and it is not web-based. Rep. Earle admits that the General Assembly has used the welfare fund money as a shopping spree; they have been robbing this fund.
Rep. Ross Are counties keeping the same information? Is there a plan for regularizing what information they all keep?
Cansler Standardization is part of the deal.
Sherry Bradsher (from HHS) There are 30 different systems in the counties now. Many are mainframes AS400 that mostly collects demographic data. No county has an eligibility system or a case management system. What counties want most is an eligibility system that has transferability. Ultimately, this would be interactive for citizen use.
Rep. Rayfield What about low wealth counties?
Cansler When we develop this system, it will be available to all counties.
Rayfield Will there be a cost to counties?
Cansler If they have a PC and access to the Internet, they'll be able to access the system.
Rayfield Can all agencies tie into the system?
Cansler Some, but not all of the information. There will be security built in.
Ms. Barringer What about criminal information?
Bradsher There is no need to build a criminal system, because AOC already has it. We are working with them on a contract agreement.
Barringer Has the budgetary issue been resolved?
Bradsher It is in-process.
Rep. Blackwood What about the public schools?
Cansler There has been no discussion with the public schools.
Rep. Weiss Asks for a short timeline and the cost (appropriation) of the system.
David Atkinson (HHS) presents data.
Rep. Barnhart There is wide variation of numbers among counties.
Atkinson We have had structured intake for a year now and that should lessen the variation.
Barnhart There is no correlation to population. I want to take a better look at this.
Ross The number of child abuse and neglect cases in adolescents jumped very high.
Rep. Farmer-Butterfield I want to know about MRS. How did the pilot counties get selected and what can we expect in terms of data?
Atkinson These 10 counties stepped up and said they were ready.
Blackwell What can we do to help all the children?
Bradsher (on the statewide criminal background checks) DSS has been talking with AOC so that DSS can access these records 24/7. These have been some of the best interagency talks I've had since I've been in state government. AOC has a $75 access fee/person. So many counties can't afford it. We suggested our model that would pay for staff within that agency and AOC was agreeable to that. They have 2 FTEs available to DSS social workers. There will be 10 demonstration counties. The contract is not yet in place. Maybe AOC will sign it next week and then HHS. By July 2004, all 100 counties will be trained. We estimate 500 2,000 users statewide.
Barnhart What about liability?
Bradsher This is just one piece of the picture. Other factors go into a decision. The Attorney General opinion agrees. I am comfortable with this.
Weiss What about training of new hires (at AOC)?
Bradsher AOC has a temporary arrangement and it is easy, after training.
Farmer-Butterfield What is the total cost?
Bradsher - $201,835, with the Feds matching half. The 10 pilot counties are: Richmond , Nash, Forsyth, Brunswick , Alleghany, Cherokee, Orange , Davie , Greene, and Gates. There are no big counties here because they already had access to criminal background checks.
Rep. Frye What will it cost now?
Bradsher We will have unlimited usage. Even with our high turnover rate, we won't be paying per worker.
Rep. Eddins What if there's an outstanding warrant?
Bradsher This database has arrests and pending charges only.
Weiss This is a big fix. The advocates have asked for this.
Barringer Will this be part of the regular procedure?
Bradsher Where appropriate, yes.
Tammy Tyson, with the SBI, talked about Federal Criminal Background Checks. The SBI has 3 ways to check:
• Name check (cost $10)
• State fingerprint check (cost $14)
• National (Federal) fingerprint check. This involves a fingerprint card. It is searched at the SBI and forwarded on to the FBI. It is available to governmental agencies only. There is one exception to this nursing homes, direct care or patient care.
The SBI is very supportive of getting national background checks, especially for children, the sick, the elderly, and the disabled.
Ms. Tolle-Whiteside How long does it take to process Federal fingerprints?
Tyson About 15 days, though this fluctuates.
Tolle-Whiteside What about foster parents?
Tyson Yes. They have a law. Foster and adoptive parents are required to have a Federal background check. It takes about 15 days to do this. The name checks are faster. It takes anywhere between 7 days and 23 days. In any one day, we can get 1,000 fingerprint cards.
Barnhart Is there a minimum requirement for state residency to apply to be a foster parent?
Bradsher No. But they are required to do MAPP training. And, there is usually a waiting period of the class. It's a 3-month class.
Barnhart So, what is the minimum time, realistically?
Bradsher Between 3 and 6 months.
Barnhart That is something else we should look at.
Bradsher With foster and adoptive parents, we are able to get pin checks prior to the licensing.
Barnhart OK. Retract everything I said.
Barringer TPRs and permanency plans can take up to 3 years.
Jane Volland, Administrator for the Guardian ad Litem Program AOC has a committee to look at expedited appeals. NC is one of few states that does not have this. She is co-chairing this AOC committee and offers to bring more information to this Interim Committee. She would love to have this Committee's support for this issue.
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Notes from the House Interim Committee on Child Abuse, Neglect, Foster Care & Adoption (by Kim Howes, NCCAI)
January 14, 2004
Present: Rep. Jennifer Weiss (co-chair), Rep. Tim Moore (co-chair), Rep. Jeff Barnhart, Rep. Bobby Barbee, Rep. Curtis Blackwood, Rep. Becky Carney, Rep. Margaret Dickson, Rep. Beverly Earle, Rep. Rick Eddins, Rep. Jean Farmer-Butterfield, Rep. Phillip Frye, Rep. Howard Hunter, Rep. Maggie Jeffus, Rep. David Lewis, Rep. Marvin Lucas, Rep. Earline Parmon, Rep. Jean Preston, Rep. Karen Ray, Rep. John Rayfield, Rep. Deborah Ross, Rep. Alex Warner, Ms. Tamara Barringer, Ms. Jennifer Tolle-Whiteside.
The meeting was opened by Rep. Moore. The first speaker to address the Committee was Sarah Worley, CPS supervisor from Sampson County . She listed 4 major needs of social workers:
• Better communication between counties
• More juvenile officers
• Training for social workers, law enforcement, school workers and teachers
• More mental health resources to refer clients to
She stated the need for mental health resources is crucial because only 1/3 of all abuse & neglect reports are substantiated and the majority of those cases are a result of substance and sexual abuse. Social workers can't help the families if there are no services available to send them to.
Rep. Hunter asked her, What aren't we doing that the results are the death of a child? She replied that there needs to be better communication between agencies and encouragement to the public to report suspected abuse because many times these tragedies have no previous CPS or DSS involvement.
Rep. Weiss asked for a scenario of serious abuse where and how they would work with law enforcement (LE). Ms. Worley stated that upon report they would contact LE and try to schedule a visit at the same time so they can minimize the number of times a child is interviewed. LE can provide criminal background checks. There is no way of knowing if a family has previous CPS involvement from another state. The sheriff has the ability to give verbal federal criminal record information.
Rep. Barnhart asked how many cases deal with repeat offenses and how many suspected child abuse repeat reports are not substantiated. Ms. Worley said that intake workers can't check the Central Registry on intake and can't check other counties for non-substantiations. Rep. Barnhart then asked staff to find hard data on repeat child abuse reports and documentation on non-substantiated repeat reports.
There was discussion about a national central registry to be able to check on CPS involvement in other states, but no one knew if this was possible.
Rep. Warner stated that a few years ago he submitted a bill requiring mandatory cooperation between social workers and LE. The bill was dropped at the request of the interested parties and there was a promise of cooperation. Is this working? Ms. Worley said that they have never had a problem when they asked for LE escort, but added there are wide variations between counties.
Rep. Lucas noted that poverty seems to be a risk factor for abuse and wondered if there was a way to track children born on public assistance (home visits) to make sure everything is OK. Response was that no, children aren't tracked.
The next person to address the Committee was a law enforcement officer from Sampson County , Laura Blanchard. She is the only officer in Sampson County who investigates child abuse cases. She stressed the importance of notification of LE so an investigation can begin. She gave two examples of instances where LE/CPS should be notified but aren't:
• Some magistrates will not notify DSS or LE if a parent brings a child in with bruises and wants a warrant sworn for the offending parent
• If LE is called to investigate a sexual molestation of a child, and the offender is not the parent or caretaker, but the offender has 3 daughters at home, there is not a report to DSS.
Rep. Earle stated that the General Assembly can't keep taking money from HHS and expect these problems to go away.
Next to appear before the Committee were five people from Wake County , which uses a team approach. From DSS: John Webster and Kathy Suithall; from LE: Linda Barker, Graham Wood and Kim Pierce.
They proceeded to describe how the team works together and highlighted two locations where CPS and LE are in the same building (Zebulon and Fuquay Varina). Wake County also has team meetings twice a month. These teams consist of LE, DSS, DA and sometimes mental health and other health care providers as necessary and they discuss 5-6 cases where input/collaboration is needed. Wake County also has a Children's Services Division that follows children ages 0-4 who have special needs or were born with controlled substances in their blood. These children are also considered at-risk.
Someone asked how much employee turnover effects the investigations. A worker from Swain County answered from the audience that community collaboration is essential to save these kids. DSS can't do it alone. Rural counties don't have that. Recidivism is a problem because resources aren't there for services that are necessary. Salaries vary widely between counties and social workers leave.
A program officer from Wake County who has also consulted in 63 counties across the state (sorry I didn't get his name) said there are major recruitment issues and suggested the Committee may want to consider a state minimum salary for social workers and said some counties start social workers at $14,000/year. He also said, Kids in Beaufort and Hyde counties hurt just like kids in Wake County and help shouldn't rely on the poverty level and tax rates of a county.
Rep. Dickson noted that there is wide disparity between counties and kids shouldn't be treated differently depending on where they live.
Rep. Moore then suggested that if anyone had recommendations to send them to either Co-Chair. They would try to get hard data on social worker ratios, salaries, etc., for the next meeting. The meeting for next month will be scheduled later this week. The meeting was adjourne
