WORK SESSION DOCUMENT

 

 

NEVADA LEGISLATIVE COMMITTEE ON CHILDREN, YOUTH AND FAMILIES

(Nevada Revised Statutes 218.5372 – 218.53727)

 

AUGUST 28, 2002

 

Staff of the Legislative Committee on Children, Youth and Families prepared the following work session document to facilitate the Committee’s discussion of possible recommendations.  It contains recommendations presented in public hearings and in correspondence during the course of the study for the Committee’s consideration.

 

The possible recommendations are compiled and organized by topic to assist members in determining which proposals to forward to the 2003 Session of the Nevada Legislature.  The possible recommendations listed in this document do not necessarily have the support or opposition of the Committee.  Sponsors of recommendations may be noted in parentheses.  The Committee may accept, reject, modify or take no action on any of the proposals.

 

Pursuant to Nevada Revised Statutes (NRS) 218.2429, the Committee is limited to 10 bill draft requests (BDRs), including requests for the drafting of legislative resolutions.  The Committee’s recommendations will be submitted to the Legislative Commission and highlighted in the report that will be prepared for the 2003 Session of the Nevada Legislature. 

 

 

FUTURE FUNDING OF THE PROVISION OF CHILD WELFARE SERVICES

 

1.      Draft legislation necessary to implement the future funding of the provision of child welfare services in the state.  The details of this recommendation will be discussed at the October 21, 2002 meeting of the Committee when the plan for funding the provision of child welfare services will be reviewed and possibly revised. 

 

The Division of Child and Family Services (DCFS), Department of Human Resources, in consultation with Clark and Washoe Counties, must develop and submit the plan to the Committee no later than September 15, 2002 for review, pursuant to Section 132 of Assembly Bill 1 (Chapter 1, Statutes of Nevada, Seventeenth Special Session 2001).  (Recommendation developed by staff for consideration by the Committee.)

 

MODIFICATIONS TO THE JUDICIAL SYSTEM

 

2.      Draft legislation authorizing a court to grant a permanent guardianship in a proceeding held pursuant to Chapter 432B of NRS (Protection of Children from Abuse and Neglect).  (Proposed and discussed by Judge Gerald Hardcastle, Eighth Judicial District Court, and Judge Deborah Schumacher, Second Judicial District Court, on February 14, 2002 and June 28, 2002.)

 

3.      Draft legislation to amend NRS 432B.430 to provide that proceedings are open to the general public unless the judge or master determines that the hearing should be closed in the best interest of the child. (Proposed by Judge Hardcastle, February 14, 2002 and June 28, 2002.)

 

Alternative– Draft legislation to amend NRS 432B.430 to provide that the judge or master, upon request, may open proceedings if doing so is in the best interests of the child.  (Discussed, in concept, during the testimony of Judge Schumacher on June 28, 2002.  No written proposal submitted to staff prior to the work session.)

 

ASSISTANCE TO YOUTH “AGING OUT” OF FOSTER CARE

 

4.      Draft legislation to allow DCFS to continue to provide services to foster care children past the age of 18 years in certain circumstances.   (Proposed by Judge Hardcastle during testimony on February 14, 2002.)

 

5.      Draft legislation requiring the Director of the Department of Human Resources to include in the State Plan for Medicaid a provision that specifies young people between the ages of 18 and 21 years who were in foster care on their 18^th birthday are eligible for Medicaid coverage, to the extent authorized pursuant to federal law.  (Concept of ensuring Medicaid funding for this group of people discussed by Assemblywoman Barbara E. Buckley and Judge Gerald Hardcastle during testimony on February 14, 2002.  Staff developed a proposed recommendation for purposes of discussion.)

 

CHILD WELFARE INVESTIGATIONS

 

6.      Draft legislation to require agencies that provide child welfare services to establish protocol for ensuring that children under three years of age who are reported as possible child abuse/neglect victims will be examined by a physician who is trained in diagnosing child abuse/neglect.  (Proposed by DCFS, in writing, in a memorandum to Committee staff dated August 15, 2002.)

 

7.      Draft legislation requiring that all Child Protective Services employees and employees of agencies that provide child welfare services and their supervisors demonstrate competence in using standardized safety assessment protocol.  In addition, require training in standardized safety assessment protocol.  (Proposed by DCFS, in writing, in a memorandum to Committee staff dated August 15, 2002.)

 

MENTAL HEALTH CONSORTIA RECOMMENDATIONS

 

8.      Draft legislation to amend NRS 433B.333 to include a representative of the Welfare Division on the mental health consortium.  (Recommended by the Washoe County Mental Health Consortium based upon the need for assistance with reviewing Medicaid-related issues.)

 

9.         Draft legislation amending NRS 433B.335 to change the deadline for each consortium to submit the annual plan to the Committee from January 15 to February 15 to allow time for the Department of Human Resources to review the plans and for the consortium to make any necessary revisions pursuant to the Department’s review.   (Proposed in concept by Pam Becker, Chair of the Washoe County Mental Health Consortium, during testimony on June 28, 2002.)

 

10.    Include a statement in the report expressing the Committee’s support of the recommendation from the three mental health consortia to maintain funding for services to severely emotionally disturbed children in the child welfare system, which was provided under Assembly Bill 1 (Chapter 1, Statutes of Nevada, Seventeenth Special Session, 2001), contingent upon a review of the amount of funding necessary to provide these services.   (Recommendations for funding were made by the Clark, Washoe, and Rural Mental Health Consortia.)

 

11.    Include a statement in the report expressing support for expanding the funding of mental health services to additional children in the child welfare and juvenile justice systems identified as underserved, contingent upon a review of the amount of funding necessary to provide these services.  (Additional funding recommended by the Clark County Mental Health Consortium and the Rural Mental Health Consortium, which suggested an additional $1 million in state Medicaid matching funds.)

 

12.    Send a letter to the Director of the Department of Human Resources requesting that the Department and the appropriate divisions therein review and comment on the recommendations from the 2002 annual plans submitted to the Department and the Committee by the Mental Health Consortia pursuant to NRS 433B.335.  Request that a report of the Department’s review be provided to the Committee prior to the 2003 Session. 

 

Alternative – Include a statement in the report generally supporting the work of the Mental Health Consortia and the recommendations presented in their first annual plans.

 

ASSISTANCE FOR FOSTER CARE PROVIDERS

 

13.    Draft legislation to authorize the Department of Human Resources to develop a program for licensing or certifying providers of respite care.  (Proposed by Deanne Blazzard, President, Foster Care and Adoption Association of Nevada [FCAAN], on June 28, 2002)

 

Possible Alternatives(Alternatives developed by staff for the purposes of discussion.)

 

a.       Include a statement in the report encouraging DCFS to work with FCAAN to explore methods of increasing the number of providers of respite care.  

 

b.      Draft a letter to DCFS encouraging the agency to work with FCAAN to explore methods of increasing the number of providers of respite care. 

 

14.    Send a letter to Governor Kenny C. Guinn urging the inclusion of an increase in The Executive Budget for the 2003-05 biennium for DCFS to fund foster parent respite care to allow foster parents 14 days of respite per fiscal year at a rate of $30 a day for ages 1 through 12 years and $35 a day for ages 13 through 18 years.  In addition, urge the Governor to include in the budget authorization to use these funds for hourly respite in lieu of requiring an overnight respite placement. (Proposed by Deanne Blazzard, President, FCAAN, on June 28, 2002.)

 

15.    Draft legislation to create an Ombudsman position within the Department of Human Resources to assist foster parents with problems and concerns while working within the foster care system.

 

Alternative:  Send a letter to Governor Kenny C. Guinn supporting an increase in the budget of DCFS to augment the annual grant to the State Foster Care Association, which may contract with the Foster Care and Adoption Association of Nevada, Inc. to provide these services. (Both recommendations proposed by Deanne Blazzard, President, FCAAN, on June 28, 2002.)

 

16.    Draft and enact legislation to specifically authorize administrators, supervisors, social workers or staff of the DCFS to become licensed foster care providers.(Proposed by Deanne Blazzard, President, FCAAN, on June 28, 2002)

 

Alternative - Draft a letter to the Administrator of DCFS urging his review of any formal or informal policies that would prohibit administrators, supervisors, social workers or staff of DCFS from becoming licensed foster care providers.  (Alternative recommendation developed by staff for discussion purposes.)

 

17.    Draft a letter to the Administrator of DCFS urging the adoption of a change to Nevada Administrative Code 424.270 to increase the minimum requirement for annual training for family foster parents from the current requirement of 4 hours to 12 hours by Fiscal Year 2006. (Proposed by Deanne Blazzard, President, FCAAN, on June 28, 2002.)

 

18.    Guidelines for Foster Care Rates - The following two recommendations were presented on this issue:

 

a.      Draft legislation to amend Nevada Revised Statutes to require the Department of Human Resources to use the United States Department of Agriculture’s Middle-Income Urban West Guidelines for raising a child when preparing its budget concerning reimbursement rates for foster care. (Proposed by Deanne Blazzard, President, Foster Care and Adoption Association of Nevada, on June 28, 2002.)

 

b.  Include a statement in the report recognizing the cost of raising a child, as reflected in the USDA’s 2001 Annual Report on Expenditures on Children by Families, and encouraging DCFS, the Department of Human Resources, the Governor’s Office, and the Legislature to consider these average costs when determining the reimbursement rates each biennium.  (Recommended by Assemblyman Joseph E. Dini, Jr., during testimony on June 28, 2002.)

 

KINSHIP CARE ISSUES

 

19.    Include a statement in the final report supporting the areas of improvement for kinship care and child welfare in general identified through the course of the study by David Love, Executive Director of Bethel Renaissance Aging Council, and the Intergenerational Community Navigator Project for Grandparents Raising their Grandchildren Support Group. 

 

In addition, include as part of the statement, encouragement for the DCFS and the Welfare Division to review these issues and, based upon the review, report any recommendations for legislation deemed necessary to implement improvements to the child welfare system to the Committee.  

 

The following items are directly from the testimony of Mr. Love on June 28, 2002:

 

a.      Improve distribution of kinship care information and referral.

 

b.      Make available special needs provider services to strengthen the whole family in the health and wellness area.  The special needs area is very important to grandparents raising grandchildren.

 

c.      Deal with the issue of teen responsibility for successful fathering.  There is a need to focus with the family focus centers on providing courses to some of the parents of the children being raised by the grandparents.

 

d.      Provide an Intergenerational Navigator Program, as they do in Ohio, to help grandparents through the child welfare system, be it legal or financial.  Many times grandparents need financial support in order to get through the legal system.

 

e.      Provide financial support for kinship care initiative for health and fitness.

 

f.        Provide legal help and court involvement for a grandparent when a parent does not want to give the grandparent authority to make decisions about medical treatment.  If the grandparent decides to stay out of the state foster care system and take informal custody of the grandchild on his or her own, they will not qualify for foster care assistance.

 

g.      Provide childcare services such as day care, nursery school, babysitting, as well as respite care on a sliding price scale, based on the ability to pay, in order to provide grandparents some relief from caring for children 24 hours a day, 30 days a month.

 

h.      Address problems with medical care and insurance assistance, which are very important, since early periodic diagnosis will allow for mental health treatment follow-up, as well as make available physicians who may opt out of the Medicare payment system. Grandparents might be receiving benefits, but they cannot find a physician who will provide mental health services through the Medicare system.

 

i.        Facilitate relationships with parents of grandchildren.  An important aspect for grandparents is dealing with the parents of their grandchildren, so there needs to be group interaction, as well as some counseling, in the family focus centers to assist with solutions for grandparents, as well as the parents of the children.

 

j.        Better usage of the family focus centers in follow-up of children who are 18 years old and opting out of the system, but would like to continue their education.  This past June, three good students graduated from high school, but they were not given any advice of financial assistance in order to continue their education.