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Minutes for SB85 - Committee on Public Health and Welfare

Short Title

Requiring notification to the governor and the legislature of missing foster care youth.

Minutes Content for Tue, Feb 2, 2021

Chairperson Hilderbrand opened the hearing on SB85.

Jenna Moyer, Staff Revisor gave an overview of SB85. (Attachment 8)  She took questions from committee members.

Rachel Marsh presented her proponent testimony stating that passage of SB85 would codify existing policies and procedures for case management providers. SB85 would enact into law policies and practices that foster care case management providers currently follow in reporting to Department of Children and Families (DCF).  SB85 may need to be clarified to indicate that reporting is required for such child that has "spent any overnight period in a facility, not licensed as a placement for foster youth, under the control of the contractor". She also recommends updating and replacing Section 1(b)(4) referencing the Child Welfare Systems Task Force to read: "DCF shall make an annual report to the legislature addressing any legislative action needed to address needs of youth with runaway behaviors or without access to stable placement." (Attachment 9)

Questions were asked by committee members.

Greg Smith stated in his opponent testimony that his concern is, if passed into law, SB85 will be interpreted to supersede DCF policy, which requires immediate reporting to law enforcement if a child is missing. Notification to law enforcement needs to be the top priority in an abduction or missing child case.   (Attachment 10)

He took questions from committee members.

Tanya Keys, in her neutral testimony, stated that DCF is already monitoring and notifying the governor, legislature and local newspapers in each instance that a child is missing from their placement or spends the night in a Case Management Provider (CMP) owned facility. DCF Secretary Laura Howard received daily updates on missing and runaway youth in DCF custody. Contractors are also required by DCF policy and procedure to use the critical incident reporting process to notify the department anytime a child in foster care spends the night in an office. Should SB85 be enacted, DCF staff will be required to complete additional administrative work in order to comply with its new notification requirements. Additional, the potential that notifying local newspapers and the legislature could reveal the identity of foster youth in small rural communities, is a serious concern. (Attachment 11)

She took questions from the committee members.

Chairperson Hilderbrand closed the hearing on SB85 and adjourned the meeting at 9:30 a.m. The next scheduled meeting is February 4, 2021.