MINUTES OF THE

CHILD WELFARE LEGISLATIVE OVERSIGHT PANEL

Wednesday, January 11, 2012– 1:00 p.m. – Room 450 Capitol Building

Note: A list of others present, copy of related materials, and an audio recording of the meeting can be found at www.le.utah.gov.

1.   Committee Business

Chair Christensen called the meeting to order at 1:10 p.m.

MOTION: Rep. Newbold moved to approve the minutes of the November 29, 2011 meeting. The motion passed unanimously. Sen. Davis was absent for the vote.

2.   Guardian ad Litem Budget

Mr. Merrill Nelson, Guardian ad Litem Oversight Committee, expressed the Committee's support of Mr. Rick Smith and the Office of Guardian ad Litem.

Mr. Rick Smith, Director, Office of Guardian ad Litem, distributed and reviewed a report from the Office of the Guardian ad Litem (GAL). He described the roles of the GAL and its attorneys, then described the training and certification of GAL attorneys. He followed up on issues raised at the November meeting of the Panel, including the Office of Guardian ad Litem's fiscal year 2013 budget priorities: (1) addressing the lack of salary parity between guardians ad litem and other government attorneys; (2) increasing support staff levels, including hiring additional investigators; and (3) reducing case loads by increasing the number of attorneys.

Panel discussion followed.

MOTION: Rep. Anderson moved that the Panel submit a letter to the Executive Offices and Criminal Justice Appropriations Subcommittee endorsing the request of the Office of Guardian ad Litem funding requests. Action on that motion was postponed until later (see Agenda Item 7 for a restatement of and vote on the motion).

Rep. LaVar Christensen spoke regarding the budget requests of the Office of Guardian ad Litem. He suggested that the Panel look closely at the GAL's current budget before approving additional funding, specifically at the amount of time and money being expended on divorce cases in district court.

3.   Definitions of Abuse and Neglect

Mr. Brent Platt, Director, Division of Child and Family Services (DCFS), reported on an administrative rule written to ensure the definitions of abuse and neglect used by the division are consistent with state statute. He distributed a document containing definitions and statutes.

Mr. Bob Smith, Assistant Attorney General, Child Protection Division, Utah Office of the Attorney General, spoke in additional detail regarding the definitions of abuse and neglect.

Panel discussion followed.

4.   Child Welfare Outcomes and Compliance with Statutory Requirements

Ms. Kristin Lambert, Program Manager, Office of Services Review, Department of Human Services, described the method of selecting cases for review, then conducting the annual Qualitative Case Review (QCR). The review examines two primary domains: (1) child status, and (2) system performance. She discussed trends and areas of concern identified in the annual QCR.

Mr. Brad McGarry, Director, Office of Services Review, Department of Human Services, discussed trends and areas of concern identified by the annual Case Process Review.

Mr. Platt responded to the reports. He discussed DCFS' efforts to improve its performance.

Panel discussion followed.

5.   Adoption Assistance

Ms. Cosette Mills, Federal Revenue Manager, DCFS, distributed "Federal Requirements for Adoption Assistance Maintenance of Effort: Report to the Child Welfare Legislative Oversight Committee" and "Attachment 1," which featured one table that outlined "Adoption Assistance Federal Law Changes Implementation" and another table titled "FY 2011 State and Federal Costs for Monthly Subsidies." She briefed the Panel on how a recent change in federal law will expand eligibility for adoption assistance for children with special needs.

Panel discussion followed.

6.   General Session Preview

The Panel reviewed child welfare legislation requested for the 2012 Annual General Session of the Legislature.

Rep. LaVar Christensen discussed issues of concern that he said would take three to four bills to address, including termination of parental rights, the number of children removed from their homes, and the Office of Guardian ad Litem's district court caseload.

Rep. Tim Cosgrove reviewed proposed legislation regarding a formerly proposed bill, "Child Custody Evaluators," which he is considering proposing again for the 2012 Annual General Session. He suggested that evaluators need training beyond a law degree to qualify them to determine child custody.

Rep. Christine Watkins reviewed proposed legislative amendments for the 2012 Annual General Session: 1) a requirement that DCFS provide an information pamphlet to families of children being removed from the home; 2) a requirement that children in foster families be kept abreast of their ethnic heritage; and 3) a requirement that DCFS have "clear and convincing evidence" before it removes a child from a relative’s care based on age or health-related problems alleged to be incapacitating.

Mr. Kelvin L. Davis spoke against granting the GAL's funding request. He discussed his own experience with the GAL, including the removal of his children without what he considered sufficient evidence or investigation. He recommended that case workers be better screened and evaluated to eliminate those who are performing poorly.

Ms. Heather Thomas, CASA Advocate, spoke in favor of the GAL and the extraordinary work they do with very limited resources. She recommended the GAL's funding request be granted to ensure the office's continued improvement and smaller caseloads.

Ms. Lynne Skowronski spoke against granting the GAL's funding request. She expressed concern over a recent audit of that office and suggested the revenue generated from fees charged to parents of children in the system be reviewed before any additional funding is considered.

7.   Child Fatality Reviews

Ms. Frost introduced the executive summary of the Child Fatality Review and explained the necessity of closing the meeting to discuss specific cases.

Ms. Cheryl Dalley, Fatality Review Coordinator, Office of Services Review, Department of Human Services, presented the Child Fatality Review report, including a breakdown of child fatality statistics and causes of death among children who had received DCFS services, or whose families had received DCFS services, within 12 months of the child's death.

RESTATEMENT OF MOTION: Rep. Anderson's previous motion to submit in writing the Panel's support of the Office of Guardian ad Litem's funding request, subject to available funding, was restated (see Agenda Item 2). After Panel discussion, a vote was taken. The motion failed with Sen. Christensen, Sen. Davis, and Rep. Anderson voting in favor, and Rep. Newbold and Rep. Watkins voting in opposition.

MOTION: At 4:10 p.m., Rep. Newbold moved to close the meeting to the public for the purpose of reviewing 2011 child fatality review reports. The motion was made pursuant to Utah Code Subsection 52-4-205(2)(b) and the Chair signed the affidavit required by Utah Code Subsection 52-4-206(6)(a). The motion passed unanimously.

8.   Motion to Reopen the Meeting to the Public

MOTION: At 4:42 p.m., Rep. Newbold moved to reopen the meeting. The motion passed unanimously.

9.   Adjourn

MOTION: Sen. Davis moved to adjourn the meeting. The motion passed unanimously.

Chair Christensen adjourned the meeting at 4:47 p.m.