Children Services Committee

Minutes

Children Services Committee Meeting

December 11, 2002

 

 

 

1.       Review Agenda, Approve Minutes and Set New Agenda Items

Present: John Shore, Brenda Jackson, Sue Kerns, Velvet Newman, Joyce Gardner, Denise Shaffer, Rita Bland, Linda Cole, Pam Grantham, Beckie Kimbrell, Sonya Toman, Janice Fisher,Cyndy Benson, JoAnn Lamm, Mike Herzing, Tom Brewer, Wanda Bullard, Linda Galacci, Karen Ellis, Connie Oxendine, David Gordon, Chris Sinha, Lisa Roberson, Connie Polk, Rebecca Grigham, Sara Anderson Mims, Christine Howell, Keith Davis, Devin Kelley, Bertram Wilson

 

Conclusion: Approved minutes of October meeting. (No meeting in November due to Social Services Institute.

 

 

 

Action Items:

·          

Person Responsible:

 

 

Deadline:

 

 

 

2.       Committee Work Plan Priorities

Discussion: The following priorities were adopted as the work plan for Children’s Services for the year:

  1. Policy revisions to accommodate MRS statewide implementation.
  2. Policy re: kinship placement across county lines.
  3. Structured CPS intake process.
  4. Statutory changes for the long session.
  5. Policy on Drug Testing in CPS investigations.
  6. Policy on post-adoptive services.
  7. Training issues (testing out, etc.)
  8. Re-authorization of IV-E waiver.
  9. Policy collaborative between child welfare and Work First.
  10. Revision to Family Services case plan.
  11. Spreading Family2Family statewide.
  12. Address issues re: Hispanic and Native American populations.
  13. Policy/outcomes regarding placement appropriateness.
  14. Update policy on confidentiality.
  15. Having State systems automatically notify counties of foster care rate changes triggered by change in age of child.

 

Conclusion: Adopted list committee members voted on as work plan.  John Shore is to put in work plan format of Directors Association.

 

Action Items:

·         Put adopted list in work plan format

Person Responsible:

John Shore

Deadline:

1/1/03

 

 

 

 

3.       Discussion of Child Welfare Outcomes and Division Reorganization

Discussion:  Brenda Jackson reported that NCACDSS Board sent a letter to Secretary Odom expressing concern about elimination of the Children’s Services Section Chief’s position.  The Association felt that they should not tell the Department how to organize itself and decided to focus on outcomes.  JoAnn Lamm reported that the Department is moving to performance contracts and outcome measures.  JoAnn is to be the primary contact person for counties on Children Services issues.  The State staff committed to continuing progress of recent years.  Sherry Bradshere will cover in January or Febuary the final reorganization structure and outcomes.

 

Conclusion: Committee will continue to focus on outcomes in Children’s Services.

 

Action Items:

·          

Person Responsible:

 

 

Deadline:

 

 

 

 

4.       Update on Multiple Response

Discussion:  Pilot counties Alamance, Franklin and Guilford all reported positive experiences in implementing MRS.  The approach has impacted organization and staffing patterns.  All the counties commented on the cultural and organizational change that has resulted from MRS.  JoAnn reported that pilot counties were making good progress but that the in-home services portion really has not been completely tackled.  The Department has a draft legislative goal enabling MRS statewide.  An implementation plan would have to be written.  Rebecca Brigham presented a training plan to usher in MRS in the other 90 counties.  It consists of four cornerstone trainings – two focused on staff and two focused on supervisors.  It was recommended that counties begin thinking about how MRS will impact them and start getting staff and community partners ready.  It was suggested that the 10 pilot counties write up how they transitioned their organizations into MRS so that the other counties might learn from their experiences.

 

 

Conclusion: Counties need to begin planning for MRS coming in the next year or so.

 

Action Items:

·          

Person Responsible:

 

 

Deadline:

 

 

 

 

5.       Review of Legislative Packet for Upcoming GA Session

Discussion:  JoAnn Lamm presented a draft of legislative changes that the Department is considering for the upcoming session of the General Assembly: 1) twelve changes pertain to revisions necessary to take MRS statewide; 2) two changes dealing with clarification of definitions of juvenile; 3) a change that will allow the service of summons by other than law enforcement; 4) a change that tightens continuances for TPR; 5) clarifying that an affidavit of parentage establishes paternity in CW cases; 6) a requirement that schools must use their process for absent students before calling CPS; 7) a definition change that brings boot camps under facility services; 8) increase the number of pre-service training hours to 82 to incorporate domestic violence training; 9) an amendment that provides confidentially protection to family foster and therapeutic homes; 10) a clarification of powers of Child Fatality Review Team to obtain medical records; and, 11) an amendment that gives State DSS authority to determine residency of a child when in dispute among counties.

 

Conclusion: 

 

Action Items:

·          

Person Responsible:

 

 

Deadline:

 

 

 

 

6.       Update on Role of Safety Assessments in Inter-County Kinship Placements

Discussion:  Continued to future meeting.

 

Conclusion: 

 

Action Items:

·          

Person Responsible:

 

Deadline:

 

 

 

 

7.       Update on Legality of using Urine Testing in CPS & Foster Care

Discussion:  Dave Gordon of the Attorney Generals Office said that all urine testing raises 4th Amendment issues.  The cleanest way to do drug testing is with a Court order.  Courts have found that you can test special needs groups – new hires, airline pilots, bus drivers, etc.  To do drug test otherwise you need 1) reasonable suspicion and 2) competent testing.  If as a result of your investigation you have reasonable suspicion, then you need voluntary consent if you don’t have a court order.  Some counties saying, “ take the test or we take kids,” or “test or we won’t allow visitation.”  This does not meet the voluntary standard.  The second standard is competency of the test.  Home test almost absurdly don’t meet the standard.  Test where the samples are taken by a social worker but results come from a certified lab probably don’t meet the standard since the competency of the social worker in a lab process could be challenged.  The AG’s office and Department are concerned about the exposure the State faces in these types of tests.  There could be a tort claim of up to $500,000 per case.  The State would be responsible for the liability.  They advise that best if you can have a court order to do the testing.  If not, need to be sure you have reasonable suspicion and a voluntary consent.  The advice to always use a certified lab to take the sample and do the results.  The Department will be asking for an AG advisory opinion that will be shared with counties.  In the meantime, they request that counties follow the advice above.

 

Conclusion: Division will ask formal opinion from Attorney General.  May take 6 months.  Meanwhile liability continues if practice continues.

 

 

Action Items:

·          

Person Responsible:

 

Deadline:

 

 

 

 

 

8.       Future Meetings

Discussion: In January – 1) structured intake process; 2) role of safety assessment; 3) FSCP; 4) testing out of pre-service training.  In February – 1) revised CPS manual.

 

Conclusion: 

 

 

 

Action Items:

·          

Person Responsible:

 

Deadline: