Joint Committee Committee on Child Welfare (04/16/2010)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON CHILD WELFARE

Date:	04/16/2010	ATTENDANCE

Time:	01:06 PM to 05:16 PM	Boyd	X
		Gagliardi	X
Place:	SCR 356	Lundberg	*
		Nikkel	*
This Meeting was called to order by		Kefalas	X
	Senator Newell	Newell	X

This Report was prepared by
	Kelly Stapleton
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Introductory Comments and Welcome Discussion of the CWAC recs Challenges by the Child Welfare Advocates Witness Testimony		- - - -

01:06 PM -- Introductory Comments and Welcome

Senator Newell, chair, brought the committee to order and addressed the intention of the committee. She spoke about the Governor's Child Welfare Action Committee (CWAC). She stated that the committee would cover various aspects of the child protection system. She stated that at the hearing on the following Friday there would be a policy decision of next steps.

01:13 PM -- Karen Beye, Executive Director, Colorado Department of Human Services, introduced herself to the committee. She provided an overview of the child welfare system. She spoke to the state audit of the child welfare system. Ms. Beye stated that accountability has not been consistently applied in monitoring the child welfare system. She stated the department's goals are to increase transparency and accountability. Ms. Beye commented that the entire child welfare division has been restructured over the last three years. Ms. Beye described the Colorado Practice Initiative, which is a collaboration between the University of Texas, Center for Child Welfare and the University of Denver, Butler Institute for Families to establish the Mountains and Plains Child Welfare Implementation Center. She stated that the center provides in-depth, long-term consultation and support to state child welfare agencies to develop and implement projects for systemic practice changes to improve outcomes for children, youth, and families. She stated that by September, the department will have developed a practice model and established a phased-in implementation plan for the practice model.

01:22 PM

Ms. Beye stated that according to the most recent Colorado Family and Services Review (CFSR) report, Colorado's rate of child abuse fatality ranked below the average of all other states and that Colorado demonstrated the strongest performance in the placement of children in close proximity to their home. She said that Colorado ranked 100 percent in preventing repeat maltreatment of children. She provided other statistics to the committee regarding how the various counties are doing. She highlighted that one of the themes of the CWAC was that children should receive the same services, and provision of services should not be different depending on where the children reside. She stated that of the 42,000 open cases that the department manages, there are slightly over 12,000 children in out-of-home placement, slightly over 2,000 children in residential care, and over 1,000 children in adoptive care.

01:30 PM

Ms. Beye said that parents and primary caretakers are responsible for keeping children safe. She stated that the system is obligated to identify individuals and provide the necessary services. She indicated that Colorado will not eliminate child fatalities completely, and that no state has, but that the state of Colorado can seek out answers to pertinent questions and implement best practices. She spoke to a piece of legislation that will start a pilot program in five counties which will allow the county departments of human services to implement a differential response to alleged child abuse. She stated that this has been proven to have positive outcomes.

01:37 PM

Ms. Beye spoke about training standards for state child welfare system staff. She stated that there is no national standard for workload, as states vary on staff requirements. She indicated that there has not been a study conducted regarding workload in the state in over 20 years. She stressed that data and information gathering is important. She stated that three-quarters of the families involved in the child maltreatment study had been involved in some type of domestic violence situation. She indicated that this may be another piece of the child welfare puzzle. She suggested that peer support among counties can be helpful. She indicated that the department needed steady and reliable funding. She stated that beginning new programs involves risks because the department cannot necessarily depend upon future funding. She suggested that a two-year funding cycle could alleviate some of those concerns. She asked the committee to work through the process and that the expectations could be agreed upon. Ms. Beye thanked the members of the CWAC committee for their hard work.

01:44 PM

Representative Kefalas asked if Ms. Beye could speak to systemic changes that have been implemented to improve child protection services. Ms. Beye responded that the department has changed some of the risk assessment rules to focus on training and consistency. She described the new training academy which she believes will lead to improved outcomes. She stated that approximately 400 new staff will be trained in the academy.

02:02 PM -- Discussion of the Child Welfare Action Committee (CWAC) Recommendations

The panel of CWAC members came to the table and introduced themselves to the committee. Members of the panel included: John Faught, president of the board, Kempe Children's Foundation; Barbara Shaklee, Assistant City Attorney in the City and County of Denver Human Services; and Judge Katherine Delgado, 17th District Court Judge.

02:05 PM

Department of Human Services' Executive Director Karen Beye referred to the CWAC recommendations matrix (Attachment A) and gave a brief overview of each of the 35 recommendations. Judge Delgado spoke to recommendation 2 which concerns establishing quality assurance and state leadership on cultural and diversity issues. She said that the state is starting to collect data and that all the directors of county departments of human services received information on this as of April 9, 2010.

02:10 PM

Ms. Beye briefly reviewed recommendations 3 through 6. Ms. Shaklee briefly discussed recommendations 7 through 35. Ms. Shaklee commented that recommendations 30 through 35 came out of the Co-occuring issues Subcommittee of the Child Welfare Action Committee. Ms. Shaklee spoke about related recommendations and their impact on the child welfare system in the state. A brief overview of recommendations 3 through 35, as discussed by the panel, are as follows:

Recommendation 1 addresses mandatory reporters;
Recommendation 3 addresses pre-service training for child welfare caseworkers, supervisors, and case aides;
Recommendation 4 addresses pre-service training for child abuse/neglect hotline staff;
Recommendation 5 concerns expansion of the Child Welfare Educational Stipend Program;
Recommendation 6 concerns evaluation of training effectiveness;
Recommendation 7 concerns domestic violence representation in collaborative management programs;
Recommendation 8 concerns assessing domestic violence in child abuse and neglect reports;
Recommendation 9 concerns utilizing judicial records;
Recommendation 10 utilizes Temporary Assistance for Needy Families (TANF) funding to support domestic violence prevention and intervention;
Recommendation 11 concerns creating and implementing a workload study;
Recommendation 12 concerns the establishment of a child welfare division research and performance improvement team;
Recommendation 13A addresses the results of a counties compliance and workload study;
Recommendation 13B addresses preparing youth to be adequately prepared upon turning age 18;
Recommendation 13C provides increased support and services to kinship caregivers for children in out-of-home placements;
Recommendation 14 advises the department to develop a centralized call center. Ms. Shaklee stated that this recommendation is controversial and will be discussed later in the hearing;
Recommendation 15 addresses the ombudsman program established under Senate Bill 10-171;
Recommendation 16 speaks to Executive Director Beye's comments on improving child welfare data quality and evaluate practices;
Recommendation 17 concerns differential response as addressed in House Bill 10-1226, which Senator Newell pointed out is awaiting the Governor's signature;
Recommendation 18 concerns in-service training for child welfare caseworkers, supervisors, case aides, and child abuse/neglect hotline staff;
Recommendation 19 concerns the use of a family-centered engagement method. Kinship will be involved with decisions regarding children in out-of-home placement;
Recommendation 20 concerns access to services;
Recommendation 21 concerns disparity and cultural competency, which Judge Delgado commented on earlier in the panel's discussion;
Recommendation 22 concerns a child welfare system of care;
Recommendation 23 concerns an increase in the number of kinship care homes and culturally appropriate foster homes;
Recommendation 24 concerns feedback to mandatory reporters of child abuse/neglect as addressed in Senate Bill 10-152;
Recommendation 25 addresses corrective action plans and sanctions, which Ms. Shaklee commented that this will be implemented through rules in the department to ensure that fatality reviews are sent to counties;
Recommendation 26, which concerns a change of venue for transferring of families from county to county, would allow counties to have better communication;
Recommendation 27 addresses the recruitment of faith-based resource families;
Recommendation 28 concerns a child welfare quality assurance program;
Recommendation 29 addresses an organization structure for the child welfare structure to improve delivery of child welfare and other human services;
Recommendation 30 addresses developing a coordinated effort for training on the issues of domestic violence, substance abuse, and mental health;
Recommendation 31 concerns representation of domestic violence and co-occuring issues on collaborative teams;
Recommendation 32 addresses joint analysis of behavioral health organization;
Recommendation 33 concerns development of a review group to examine statutes and encourage cross collaboration of co-occuring issues;
Recommendation 34 addresses a domestic violence intervention approach to develop standardized principles and consistency so that child protection workers are well trained about domestic violence issues; and
Recommendation 35 addresses a standardized co-occurrence screening process.

02:32 PM

Ms. Shaklee commented on the five subcommittees of the CWAC. Judge Delgado stated that she supports the recommendations that came out of the CWAC committee.

02:38 PM

Representative Gagliardi asked about Judge Delgado's comments regarding the closure of the Colorado Disparity Resource Center. Judge Delgado stated that the grant, that funds the center was for one year and expires in June 2010, but that the center has applied for additional grants. Executive Director Karen Beye stated that the funding came from the TANF Strategic Use Fund. Senator Boyd asked if there was coordination going on with the behavioral health reorganization. Representative Peniston asked if the panel could discuss the child welfare training academy. Judge Delgado commented on foster adolescents and some of their unique issues they deal with. She described the court-appointed special advocates (CASA) who are individuals who volunteer to help juveniles in the court system. She stated CASAs are trained and come to court every time the juvenile has a court hearing.

02:53 PM

Steven Burgess, County Commissioner, Lincoln County, introduced himself to the committee. He commented on the two recommendations regarding establishing a centralized call center and having the state take over the authority of the child welfare system. He commented that county lines can sometimes be a barrier to children receiving services in some of the rural communities.

02:58 PM

Mr. Faught spoke to the CWAC recommendation to support the state administration of the child welfare system. He stated that the CWAC reviewed how other states administer their child welfare systems. He stated that many individuals put a lot of work into the process. Mr. Faught spoke about the committee's process in developing a hybrid recommendation for the child welfare system. He said that the committee wanted to take advantage of what was being done well in the state and improve those things that were not being done well. He stated the committee was concerned with making sure children receive sufficient resources and that services provided are consistent across the state. He commented on the partnership between the state and the counties in administering the child welfare system successfully. He stated that there needs to be consistent accountability in the child welfare system. He stated that the ombudsman is not the panacea to the child welfare system, but it could certainly provide additional help and resources to the system. He spoke to the various stakeholders that have been working on this issue and have become a model of the child protection system.

03:11 PM

The CWAC committee members introduced themselves to the Joint Select Committee on Child Welfare. Senator Newell thanked the members for their work on the committee.

03:24 PM

Senator Lundberg asked the panel members if they could further discuss the instance in which the 35 fatalities occurred over the last several years. Ms. Beye provided information to the panel concerning the child fatalities. The committee took a brief recess.

03:38 PM

The committee came back to order.

03:38 PM -- Challenges of Child Welfare Advocates

Kippi Clausen, Shari Shink, and Becky Miller-Updike came to the table. The panel introduced themselves to the committee. Kippi Clausen, representing Mile High United Way, Bridging the Gap, gave a brief overview of the Bridging the Gap program. She said that the purpose of the program is to help children achieve success and to facilitate public-private partnerships. She said that the challenges that young people face that are insurmountable. She said that one of the leading causes for a family's involvement in the services of the Bridging the Gap program is poverty and that key challenges for the program are permanency and access. She said that public education is critical for the success of children and that the state needs to strongly invest in public education for the future of youth. She indicated that only 3 percent of children in foster care nationwide graduate.

03:53 PM

Ms. Clausen spoke about the importance of financial literacy for youth and a current program that Bridging the Gap has to educate youth about financial literacy.

03:55 PM

Shari Shink, representing the Rocky Mountain Children's Law Center, said that the state's greatest challenge is to make children a priority. She said that the state has an obligation to ensure that children can become productive citizens when they leave the system. She said that 75 percent of people ages 17 to 24 are ineligible for the military, indicating that they are physically unfit and have no high school diploma. She said that 25 percent of kids who emancipate from the foster care system end up in jail. She commented that the state should create a permanent commission in the legislature to consider issues of children consistently. She said that Colorado is the first state in the nation to mandate the reporting of child abuse. She spoke about how the state needs to engage the public. She said that foster families are critical and need to be invested in. She spoke about the importance of data to determine child welfare practices in the state. She distributed a handout to the committee (Attachment B).

04:09 PM

Becky Miller-Updike, representing the Tennyson Center for Children, gave an overview of the Tennyson Center. She said that the average number of moves that a child has when he or she arrives at the Tennyson Center is seven. She said that the children who attend the Tennyson Center have a high and expensive level of need. She said that a true continuum of care is necessary to improve the status of child welfare in the state. She said that there should be greater integration between the different counties and school districts, which all have different criteria concerning child welfare. She said that there is a need for greater accountability in the system. She distributed handouts to the committee concerning the 2008 children's action agenda (Attachments C and D).

04:15 PM

The panel responded to questions and comments from the committee. Representative Gagliardi asked Ms. Miller-Updike about a packet that she received in the House Health and Human Services Committee. Representative Nikkel asked about Ms. Miller-Updike's suggestion to organize the judicial districts for child welfare. Ms. Miller-Updike said because a majority of the cases will go through the court system, and because the judicial districts are siloed, it makes sense to integrate judicial districts in the state. Representative Kefalas commented on the presentation of the panel. Senator Newell asked the panel to comment on their top priority for child welfare in the state. Ms. Shink said that communication and the transfer of information are critical.

04:25 PM

Conversation ensued between Senator Boyd and Ms. Shink concerning caseworkers and the delivery of child welfare services in the state. Ms. Clausen, responding to Senator Newell's question concerning what her top priority is concerning the child welfare system, said that the state should increase the use of public-private partnerships. Ms. Miller-Updike said that it is important for the state to take steps to make success feasible for children in the system. Senator Newell acknowledged that Barbara Drake, a Committee Welfare Action Committee member, was present at the meeting.

04:29 PM -- Witness Testimony

The following people testified before the committee:

04:29 PM -- Carla Bennett, representing the Colorado Coalition of Adoptive Families, the Municipal League of Women's Voters, and herself, came to the table. Ms. Bennett spoke about the citizens' responsibility for protecting children. Ms. Bennett said that citizens need an accessible and independent process for registering their concerns and that Senate Bill 10-171 is a positive step toward holding citizens accountable.

04:32 PM -- Kathy Hartman, Jefferson County Commissioner, gave a brief overview of her experience in the child welfare system in the state. Ms. Hartman said that the state's ability to supervise the child welfare system is stretched. Ms. Hartman commented on the importance of implementing workload studies. Ms. Hartman spoke about current funding issues.

04:38 PM -- Susan Beckman, representing Colorado Counties Inc. (CCI), came to the table. Ms. Beckman said that CCI is underfunded and is cutting programs as a result. Ms. Beckman said that the state needs to do a workload study. Ms. Beckman said that it is critical that the relationship between the state and counties is strengthened in order to effectively improve the child welfare system. Ms. Beckman said that data are a critical component in making decisions about child welfare.

04:43 PM

Representative Kefalas asked Ms. Hartman if there has been a fiscal analysis done to demonstrate what the gap is in the state and what resources are necessary to improve child welfare services. Ms. Hartman responded that she has requested such fiscal analysis because there has not yet been one. Conversation ensued between Representative Kefelas and Ms. Hartman concerning children who are aging out of the foster care system.

04:47 PM -- Barbara Kirkmeyer, representing Weld County, came to the table. Ms. Kirkmeyer discussed the committee's agenda and said that she thinks the committee should have invited county commissioners to speak to the committee in order to represent the county commissioners' perspective. Senator Newell responded to Ms. Kirkmeyer's testimony.

04:54 PM -- Rosemary Van Gorden, representing herself as a former foster parent, came to the table. Ms. Van Gorden spoke about her experience as a foster parent and the struggles that foster children face. Ms. Van Gorden commented on Senate Bill 10-171 and said that neglect is the greatest reason that children enter the child welfare system. Ms. Van Gorden said that parents need to be educated on how the system works to understand their constitutional rights, and have access to information from the department. Ms. Van Gorden distributed handouts to the committee (Attachments E, F, and G).

05:01 PM -- Rachel Richards, Pitkin County Commissioner, came to the table. Ms. Richards spoke about her experience in Pitkin County working across county lines to share information and services. Senator Newell commented on Ms. Richard's testimony.

05:06 PM

Senator Lundberg commented on Ms. Van Gorden's experience and service in the child welfare system. Representative Gagliardi commented on Ms. Van Gorden's testimony and said that the parent perspective needs to be voiced more often. Representative Kefalas asked Ms. Van Gorden about mechanisms that are in place for foster parents to challenge the judicial system. Ms. Van Gorden responded.

05:10 PM -- Cindy Dominico, chair of the Boulder County Commissioners, came to the table. Ms. Dominico said that the child welfare system is very complex and that the system is experiencing increasing demands. Ms. Dominico expressed her support of the CWAC recommendations. Ms. Dominico said that data-driven decision-making is key to improving the child welfare system.

05:16 PM

The committee adjourned.