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ARIZONA STATE LEGISLATURE
Forty-eighth Legislature – Second Regular Session
SENATE PUBLIC SAFETY AND HUMAN SERVICES
AND HOUSE HUMAN SERVICES
Minutes of Meeting
CoChair Linda Gray called the meeting to order at 11:05 a.m. and attendance was noted by the secretary.
Members Present
Senator Linda Gray, CoChair Representative Nancy Barto
Senator Chuck Gray Representative David Bradley
Senator Jack Harper Representative Andrew Tobin
Senator Victor Soltero
Members Absent
Senator Leah Landrum Taylor (excused) Representative Pete Hershberger, CoChair
Representative Chad Campbell
Xochitl Calderon, interpreter for Matthew Wangemann, Chairman of the Governor’s Council on Developmental Disabilities
Mr. Delgardo, representing self
Monica Cooper, representing self
Katie Griffith, Member, Governor’s Council on Developmental Disabilities
David Carey, representing self
George Garcia, representing self
Franc Kahn, Executive Director, Governor’s Council on Developmental Disabilities
Catherine Dahlquist, Performance Audit Manager, Office of the Auditor General
Gary Arnold, Child Protective Services, Division of Children, Youth and Families
David Longo, Financial Business Operations Administrator, Division of Children, Youth and Families
PRESENTATIONS:
Sunset Audit of the Governor’s Council on Development Disabilities:
Xochitl Calderon, interpreter for Matthew Wangemann, Chairman of the Governor’s Council on Developmental Disabilities (DD), spoke on behalf of Mr. Wangemann. She reviewed the slide presentation included in the packet prepared by the Council (Attachment 1). She advised that Mr. Wangemann has been the Chair of the Council for approximately four years. Mr. Art Gode is the Council Vice Chair, and Mr. Franc Kahn is the Executive Director of the Council. She related that the Council operates under the federal definition of developmental disability: a severe, chronic disability of an individual that is attributable to a physical or mental impairment that is manifested before the individual attains age 22, is likely to continue indefinitely, results in substantial functional limitations in three or more of the major life activities and reflects the individual’s need for lifelong or extended duration assistance. The Council implements new ideas for enhancing the lives of people with disabilities and advocates for its constituency. The mission of the Council is to work in partnership with individuals with developmental disabilities and their families, to assist in change, advocacy and capacity-building activities that promote independence, choice and the ability of all individuals to pursue their own dreams.
Ms. Calderon advised that the Council is authorized by the Federal Developmental Disabilities Assistance and Bill of Rights Act. The Council is funded by the U.S. Department of Health and Human Services Administration on Developmental Disabilities. The Arizona Department of Economic Security is the Council’s designated state agency. She reviewed information on membership of the Council, history, quality control, public involvement and achievements. The consequences of terminating the agency will create a noticeable void in advocacy for those with developmental disabilities and loss of federal grants, resulting in loss of funds and services. Consolidating the Council with another agency will likely result in forfeiture in the ability to effectively perform its critical functions for the disabled community and would jeopardize the continuation of federal funding.
Mr. Delgardo, representing self, testified that he became involved with this issue because of a family member who is disabled. He spoke in support of continuing the Council.
Monica Cooper, representing self, advised that she is a self advocate and belongs to a self-advocacy group, “People First for Arizona.” She related that the Governor’s Council on Developmental Disabilities has been a valuable asset to the State of Arizona. The Council has provided grants to members of her group to go to various Arizona junior and senior high schools to teach students about self-advocacy. In addition, the Council is helping the Self-Advocacy Coalition to get funded while it is attempting to get its nonprofit status. Without the Council, she said it would have been very difficult to form groups that could join together for a common cause.
Katie Griffith, Member, Governor’s Council on Developmental Disabilities, testified in support of the continuation of the Council. She urged Members to continue to fund the Council.
David Carey, representing self, advised that he works for the Arizona Bridge for Independent Living and has been involved with the Council for eight years. He said the Council is important because it provides funding and programs which have been beneficial in improving the quality of life for the disabled. He urged that the Council be fully funded.
George Garcia, representing self, said that he is speaking on behalf of other people who have disabilities. If the program is terminated and its funding stopped, it will silence the voice of many people who have disabilities. The Council is an organization that allows people to come together and speak as one. He stated that the program is needed and it is important that its funding be continued.
Representative Tobin queried how the disabled community is reacting to the minimum wage issue.
Franc Kahn, Executive Director, Governor’s Council on Developmental Disabilities, replied that there are a number of diverse opinions on what course to pursue on this issue. The Council functions under a federal mandate of equal rights and access for people with developmental disabilities. When the State adopted an increase in the minimum wage that trumped the federal minimum wage, the Council tried to develop an approach of what its constituents were looking for, and it petitioned the Arizona Industrial Commission to work out a compromise to address concerns. The Industrial Commission listened to the various viewpoints and adopted a protocol that seems to be working well. He said he has not heard discussions about making changes.
Representative Barto questioned whether the issue was discussed by Council members. Mr. Kahn answered in the affirmative. He said there were heated discussions because of the various viewpoints and concerns were addressed. Representative Barto said her concern is that constituents have been informed of discussions on this issue. Mr. Kahn advised that members of the public were given the opportunity to testify and members of the Council were afforded the opportunity to address concerns raised.
In reply to Representative Barto, Mr. Kahn stated that the Council has six staff members, all State employees, who work in the communities to address constituents’ problems. They act as a pipeline of information, reporting back to him and, in turn, he reports to the full Council.
Representative Barto noted that the letter from the Director in the annual report differs from the Council’s mission statement in that it omits mention of the family’s role (Attachment 1). Mr. Kahn replied that families play an important role in the Council’s efforts in assisting its constituents.
Senator Chuck Gray asked about the overall budget for the Council. Mr. Kahn advised that this year’s allocation to the Council is $1.3 million. All monies received by the Council come from the Department of Health and Human Services; the Council receives no funds from the State. There are no matching State funds; however, states are responsible for making in-kind support contributions to help the various councils carry out their mandates.
Senator Chuck Gray queried the amount of State monies that are allocated towards advocacy. Mr. Kahn replied that the Council allocated $10,000 to $12,000 last year.
CoChair Linda Gray noted that she had seen a figure of $20,000. Mr. Kahn said it is possible that as much as $18,000 was sent; however, a lot of those monies are recouped from booth fees charged to participants at the event. CoChair Linda Gray asked about the participants of the booths and what they are charged. Mr. Kahn said the cost is about $200; however, he noted that the cost is waived for any entity that cannot pay.
In response to CoChair Linda Gray about lobbyists, Mr. Kahn advised that the Council does not lobby; but there is a Legislative Liaison whose duty is to educate policymakers at a cost of approximately $70,000 to $75,000. CoChair Linda Gray asked Mr. Kahn to provide the Rule which prohibits the Council from using the funding for lobbyists.
CoChair Linda Gray announced that the Committee will not make recommendations today on the continuation of the Council because of the absence of some Members who are attending leadership meetings and because of the quantity of material that was presented to Members.
Persons in support of continuing the Governor’s Council on Development Disabilities who did not speak:
Art Gode, Vice Chairman, Governor’s Council on Developmental Disabilities
Cynthia Gafford, Executive Assistant, Governor’s Council on Developmental Disabilities
Jon Hinz, Member, Governor’s Council on Developmental Disabilities, representing self
Presentation on Question and Answer documents and Information Briefs related to Child Protective Services prepared by the Office of the Auditor General:
Catherine Dahlquist, Performance Audit Manager, Office of the Auditor General (AG), presented information on an information brief and two questions-and-answers documents related to Child Protective Services (CPS) that were issued by the AG’s Office in 2008 (Attachment 2). The information was developed at the request of legislators and other key stakeholders who wanted information but did not want a full audit. The documents do not contain recommendations.
Ms. Dahlquist reviewed the process that CPS must follow when temporarily removing a child from the home. She also reviewed information on child and family advocacy centers.
Senator Harper asked Ms. Dahlquist to give an example of removal due to the physical or mental condition of the caregiver. Ms. Dahlquist replied that it is anything that prevents the caregiver from providing adequate care to the child. Senator Harper queried whether there is a standard in statute or whether it is left up to CPS or a judge. Ms. Dahlquist answered that the standard is probable cause of imminent danger.
Discussion ensued on the time frame from the time the child is removed from the home until the time of the hearing in court.
Discussion ensued on the issue of CPS employees who were promoted without being evaluated. Ms. Dahlquist noted that this is not an area that the AG’s Office was requested to evaluate.
Representative Tobin asked whether there have been evaluations to determine the number of CPS employees who are also caregivers for the State. Ms. Dahlquist replied in the negative. Representative Tobin said he would like to see if there is some statistical data on this issue.
CoChair Linda Gray questioned the percentage of cases that go beyond the 21-day deadline in trying to resolve the issue and to get the child either back with the parent or placed in foster care. Ms. Dahlquist replied that is not an area that was looked at by the AG’s Office because that falls under the purview of the Juvenile Court.
Gary Arnold, Division of Children, Youth and Families, responded to questions.
CoChair Linda Gray asked about deadlines. Mr. Arnold explained that there are a number of different time frames and other factors that might lengthen the court process.
Senator Chuck Gray asked for an update on the problem of background investigations of CPS employees. Mr. Arnold responded that employees go through extensive criminal history background and fingerprint checks. He revealed that there was a period of time when employees did not have fingerprint checks. Senator Chuck Gray noted that some employees had gone through that process and had slipped through. He said he would like to have information on those employees who did not meet the standards as well as the disposition, in addition to the charges or allegations, and what happened to them as far as their employment is concerned.
Senator Chuck Gray queried CPS’s annual budget.
David Longo, Financial Business Operations Administrator, Division of Children, Youth and Families, stated that the annual budget for CPS is approximately $400 million. The Division receives General Fund monies, federal funds, other grants and other funds.
Senator Chuck Gray raised questions relating to federal funds. Mr. Longo advised that Title 4E monies comprise approximately 35-40 percent of the federal funds. He stated there is a review process and safeguards in place to ensure that the child is placed legitimately.
CoChair Gray asked what has been done to correct probationary employees being promoted without evaluations. Mr. Arnold said the Division has instituted an extensive effort to train supervisors on the evaluation process.
In response to Representative Bradley relating to other safeguards in place, Mr. Longo advised that supervisors meet with staff on a regular basis.
Representative Bradley asked whether there are frequent meetings related to the removal of children so that the decision does not rest solely on the caseworker. Mr. Arnold advised that there is ongoing review of cases. Representative Bradley queried whether there is any financial incentive for the caseworker relative to removal. Mr. Arnold replied in the negative. He said there is a stipend to investigative staff for completing a specific number of investigations during a monthly period.
Representative Bradley asked whether there is any incentive from the federal government for adoption of children or for kinship cases. Mr. Longo said there is no incentive for the child removal process. The only incentive from the federal government is for children achieving permanency through adoption. There is no additional incentive for kinship placements.
CoChair Linda Gray asked CPS to provide information on the amount and percent increase in the CPS budget over the last ten years.
Presentation on the performance audit of the CPS Complaint Management Process by the Office of the Auditor General:
CoChair Linda Gray announced that item #5 on the agenda will be discussed at the next meeting (Attachment 3).
Without objection, the meeting adjourned at 1:00 p.m.
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Joanne Bell, Committee Secretary
July 6, 2016
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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SENATE PUBLIC SAFETY AND HUMAN SERVICES
AND HOUSE HUMAN SERVICES
COMMITTEE OF REFERENCE
2
November 6, 2008
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