Children and Youth Committee - Senate & Aging, Children and Youth, Legislative & Military Affairs -
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3:28
If everybody take their seats wearing it started about one minute.
Are the. Chairman sees a quorum call this meeting to order. And I think we have any much going on today as far as anything out of the norm norm but represent fight you have anything you'd like to add. Just that it's been a long time good see everybody. That it is so I think we're gonna start with Adam Adam C..
Just approval of the February minutes. I need to review those I'm ready for motion when someone's. Ready to make one. I've got a I've got a motion and a second all those in favor say aye. Opposed say no. Motion carries and we'll move on to Adam the the Arkansas state police is a major Jeff drew available.
Eight major we are ready for your report when you are ready. Good afternoon Sir is in committee members are going over the final quarter. Of twenty nineteen which would be October through December. Actually major you know we've we've been skipping a bunch why don't you just give us the annual report yes Sir I'm Williams has any specific questions before that we can do that yes Sir thanks. All right in the the annual report will go to.
At page three it shows you the comparison of the last five years. If you'll notice we had a slight drop off from nineteen to eighteen process six hundred fifty two calls to decrease. And I told except the calls for twenty nineteen was. Thirty seven thousand five ninety one which is a decrease of one thousand two hundred fifty eight. It will move over to page four.
It'll show you the call break down by month in category. Page five was simply compare at twenty eighteen to twenty nineteen. And. Pages six through nine will break down the documented and miscellaneous categories.
Moving on to page eleven it will reflect the quarterly break down to see seat investigations doing this quarter I'm sorry the. Annual have will close five thousand five hundred and thirteen cases with one thousand eight hundred fifty one of those been found true which gave us is a substantiation rate of thirty four percent that would be our our true findings. Page twelve and thirteen.
That will cover the priority one allegations by month an allegation tight. I with the totals been listed on twelve and thirteen and it will be the same thing on page fourteen and fifteen for our property to allegations. And it'll be the twenty nineteen annual report. I've got two questions yes Sir for you one I'm not certain you're prepared to answer but
you know we we've been three or four months now work kids aren't going where the mandatory reporters are at home are you seeing calls go up or significantly decrease is there anything happening in the the current twenty twenty quarter the cause of the crease on average what I've been looking at we normally get anywhere from. Twelve hundred to fifteen hundred calls a week as drop between four and twenty four and six hundred the only thing it seems to be considered one not
as much of a drop off is the the accepted rate. We get more. I don't wanna see credible calls but you know the more likely be accepted out of the ones we received now yes Sir. Entry at the bottom of page twelve well second to the last line item is human trafficking labor so says over six of those can you give me an example of of what that would be.
I'll be situations where we kids are are being you used to work moved around it that received the money for it like you see here the work and then that parent would receive it we don't get to get a lot of those calls they're they're very low volume as you can see that are of those immigrants do we know if they're like. I don't believe we've got it. We don't have a broken down between citizens and immigrants. Most mostly Latino okay. Okay thank you Representative
bunch you're recognized Burch sorry yeah. Thank you thank you Mr chair budgeted just a casual question from eighteen to nineteen there is a drop off of twelve hundred plus calls. It is generally our our general way you can describe whether there's a particular category
there was lesser or can't really tell from this on the eighteen to nineteen and no from nineteen to twenty we're gonna see alleged changes for just the reason the church just mentioned that that would have as many people with eyes on on kids and fear reports but I'm looking eighteen to nineteen that decrease. What was the decrease in and are was it completely spread across I'm not sure about the breakdowns that have to go back and review each individual must report to see what with that that is a big lead to get that to you if you like.
It the list in general category so mean that there we go down and and child neglect or do we go down and. Food and security which and that income the all but some of the state yet I I'd like to know if there's kind of categorically something and I don't want to create a whole lot of work for you but A but I know would have helped is one major change I can think of off hand is educational would neglect when we came in and and made it A little bit harder the to call one instead of just the key had been missing had have other
things involved with it so the law that was changed and and the two thousand nineteen general session yes ma'am you think that impact this I will take that thank you thanks center. Represent Springer you're recognized. Thank you Mr chairman good afternoon I'm choice for I'm new to this committee and I and this is my first report from your department I notice that you've indicated that you have thirty four percent of the calls that you received that you found to be true.
What happened to me what was the result of those two calls would you all do I mean is there some documents a separate document from the one that we're looking at now. I'm sorry the meeting well on page eleven of your report. You say that eight hundred eighteen hundred fifty one of those call those referrals were found to be true and so so what happened as a result of bills that were found to be true what would do and then there's
several qualifications to it now and a lot of times those. Persons we place on the mail. treatment registry the trial some of those are are pursued criminally as well. Me because we have to have a different rate of of proof not all of our cases that are found true or are pursued criminally. Okay so are you saying that the office that office and investigate the mail treatment that they have influx of. Did you over for a number of
them to them then I'm that's what I'm I'm just trying to and state will start out when we get one will make contact along for to see if they liked the partner with this tune to investigate it but we're only hill to a a preponderance and FOR evidence to be placed into the true category well law enforcement they hail and higher standard okay so who could who keeps the within what happens based upon what you all found to be true what department keeps up with whether or not this pursued and not.
This force and in the quarterly reports okay is that the yes ma'am if you look over the quarterly report you'll see at. Some on the. We this page thirty five. So that you see the cases per quarter that is never submitted to the prosecuting attorney to be pursuing you'll see whether they accepted the client what they'll do with it okay all right that helps out a lot so that's based upon the ones that you. Eight hundred yes ma'am art
thank you all I was word for awhile thank you. Senator Pitsch you're recognized. Thank you Mr chairman my question is kind of similar to what she just ask or at least the use the same fact as I look at page twelve these are hotline referrals fifty nine hundred and seventy one which is roughly what the C. ACT investigators closed on page eleven fifty five under imagine there some lag there but those are the same type of referral in my assumption so I guess what I'm trying to get out his turn her
comment about thirty four one in three thirty four percent end up being true. If I take someone. As I look at these numbers line by line if I take twenty five hundred eleven sexual contact hundred sixteen sexual exploitation nine earned sixty eight penetration if I go up there to death with that category I'm way over the one third to me for somebody to make that big of a claim on a phone
call I would find that hard not to find that true so are we implying that some even some of those don't come in as true. If all my question yes Sir if I look at almost six thousand fifty nine seventy one and I say a third of those are true that means two thousand are true well that would imply that the And everything else on this page has to be untrue for only one in three to be found true and that's why I'm struggling a
little bit because just the very serious ones in categories I would think most of those I mean I don't think a lot of people pick up a phone and claim death. And it's not true the death part there's no issue there okay what I found to be. Consistent and not alleging all of them are taking place like that you'd be surprised how many custody calls that we get somebody making clown and acts spouse on merit
must my. The orders with my wife my daughters told me that her husband has tester inappropriately or a done whatever to which none of that is true at all it simply was on the trying to gain custody or seeking leverage with in court I mean I've I've seen it quite often all of us here. So my question and help me understand them because we're pretty sure the thirty four percent to represent the springers question is a true found those to be true does that
mean four thousand of the six thousand. Didn't get to the classification of true and if they didn't get to the classification of true I guess at some level and maybe it's just a spreadsheet I'd like to know which ones have a higher true versus found not true because I'm very concerned with to your point I get that there may be a spouse or somebody causing something to occur. But I can pick four categories and have half of these referrals that I got to believe.
Probably have a pretty a lot higher than one in three to be found true he has anything dealing with the this you know sex act sex contact sexual sexual exploitation sexual penetration I mean those numbers in and of themselves or thirty five hundred almost four thousand there almost two thirds are reported just in those three or four categories. And I guess I'm really struggling of theirs four thousand of just those four categories in only fifteen
hundred of them at one and three roughly are gonna be found to be true so I guess at some level in trying to justify the one third or true forces these numbers and see and what they actually how are. Does that make sense what distress I break down of this. Other call I'm out here that say of those twenty five hundred eleven. Sexual contact what percent what did we have a third of those was there about eight hundred fifty of those true eight earned thirty of those true because if eight hundred thirty of those are true then I can kind of
start to buy into that three force. Found to be true but I got a feeling if somebody calls on the sexual contact her or worse in a sexual deviant way that those are probably a higher number than one in three right and it's not just the that example that I gave you sometimes it could simply be the the child may not disclose if they don't disclose we have something corporation with the child to see it so so help me I guess my thought would be if somebody picks up
the phone and calls in a referral. They either have wanted to motivations it's true. Or they're trying to get even with somebody probably in my mess and some I see like if if you if that's a if you got to the child a comes until you to something that has occurred to to hi you call in and then once we get into the investigative part of it and we sit down with that child and starts speaking to him or her about it and they don't make us aware that it occurred yeah then it'll be found not be found true in the
eyes unsubstantiated. Because we just can't do those motives that and I'm just making from the top here I don't know if that. I guess I just wanna be is but I've I've got to have reason the financial I just can't go in and get a phone call from a what took place in automatically say that is true I've got to go through the investigative part of it I've got to find out from the child what occurred you know as could be something is as simple as a location will wash down this path and then I'll hand it back if that's all right Mister chairman but one down
this path I have this a serious concern that as we deal with these that if we are one third overall of on the some of these have a very high percentage of being true you know a bone fracture a burner is called I would think there's going to be evidentiary immediately to know now I didn't call say might somebody in my family got burned to report it or as a teacher student has a burn if they're in
a barn there so my concern is those maybe a higher percentage and all of the phone calls were getting on on sexual and dangerous things maybe were quite a bit lower than thirty four and I guess maybe at some level I don't know how hard that be to to track whether these became true or not true does that make sense I'm concerned or miss and some of the true. I have. I was able to.
Senate some that they may be managed by best that is because it didn't have the evidence to go with it to support it and and we don't have something to support what even some of our investigators we've we sat down and and all of the cases with and they've you know I I feel in my heart that something has occurred to this child but I don't have what I need to find true on it. We're not just we've got to have to have some the preponderance you know that fifty one forty ninths and more than likely this happen and we can't get to that
level we're not going to find a true. We see a lot of the same stuff with what they're found during the not prosecuted for the same reasons too much. Representative Crawford you're recognized. Thank you Mr chair My questions a little bit different. It's on an individual basis I've
reached out Skews me. I've reached out to mark white and They were involved in the investigation I've been walking through this with the constituent for eight months and Two investigations were conducted by sea ice as CD. With Arkansas state police who found a true find eight K..
So now it's up to the prosecutor. To decide to or not to prosecute. Yes the prosecutor and I've been in his office with my constituent. Doesn't think I can win. So they will not pursue. The father is furious. Because. He knows it's true.
We need some help where do we go when the prosecutor says no and when the case needs to be tried what's the next step. That's another level you have to take. Our investigations of to make sure the crime of actions are pursued but once it gets into the prosecutors in it's up to them whether they want want to go with it in that there's got to be something beyond the prosecutor that. Something we're big state that's a county prosecutor what's next.
Would be something I would build address with you ma'am that that's that's something this place within that office and and the responsible who that they have to report to. So you can't go past accounting office is that what you're telling me. It. We turn it over to them is is their decision we haven't pursued anything that I'm aware of. Once the prosecutor wrist wrist refuses to pursue it.
Not very well not. I have a beyond a reasonable doubt burden of proof. Yeah please. It. Sorry can you hear me am I saying that it really does lie with the prosecutor that they're they're the that's their
jurisdiction to someone outside of that jurisdiction would have be able to make that call and their burden of proof is beyond a reasonable doubt so they don't have the evidence going in where they can meet that burden of proof they won't bring it. They have the burden of proof they just don't think they can win in court is there a difference I think first my understanding and I and I'm I'm with DHS that we have a little you know we're in civil court not criminal court so someone from criminal prosecutor might might be in a better position but if they don't have enough evidence in their pre trial work
to that they can prove beyond a reasonable doubt to a jury then they won't bring it if they do that's where I'm not understanding why they wouldn't bring that if they have the evidence and may prove it beyond a reasonable doubt it's my experience they don't bring it if they don't think that they can prove it beyond a reasonable doubt if they think they can I'm not sure why they would okay let me throw this in there. Let me think a minute before they're out in. Can I add one more thought yes this especially where it does
interact with the ACT is that if the ACT has an investigation and finds true on that they have a lower burden of proof we have to meet each element of the offense by a preponderance of the evidence so that person would go on the child maltreatment registry if there's enough evidence to prove by a preponderance which is much lower. So in that case that person if if there is an add child maltreatment investigation by the ACT that might have been found true in their lease on the registry to for the child protection for other people so separate from the criminal but there is some consequence there.
But not enough consequence. Okay can you can you sorry before you leave we just a state your name for the record your brother yes I'm Anna in both my last name is spelled I am B. E. a you and I'm the attorney but DHS I'm I'm with the attorney for see ACT and and children family services. Thank you can I. Version of Crawford there is a bombing man is a prosecuting coordinator for the state of Arkansas and I'll give you a cell phone number if you want to come back or you can column you
can ask him he'll be very helpful with what next steps might be okay Representative rye you're recognized for a question. Thank you Mr chairman major drill the. Until you get to this point right here of these numbers. I just wonder what percentage of the eighties relates back to may be divorces of people going through a divorce and the mothers trying to hang the day after the day as trying to hang
the mother and you just have to pitch amount I'm I'm sure a lot of them because it's retaliation from one parent to another. To give you an. To give an exact number now I couldn't but I can say that the majority of the complaint calls that I have on investigations. Stand back to custody. Thank you thank you Mr chairman. Are there are there any other questions for major drew. Seeing none thank you for your report.
Okay yes for members that are new you may not have been able to be with us when we toured the and observe the hotline in action so if you would be interested in doing that but one of us know and we can arrange that for you. Are you can either do that it just make direct contact will make sure will will get you and see how how we operate thank you it's a very informative to do that. Thank you we're gonna move on now to Adam. Adam P. department of Human
Services Christine Harper. And director Martin. You please state your name who you're with and then you are recognized. Good afternoon my name is Kristen Harper an assistant director with the division of children and family services.
Good afternoon I'm Mr Martin on the director of the division of children and family services. We have one proposal packet for review today regarding the division's child maltreatment determinations guide or publication three fifty seven this document was previously titled the child maltreatment assessment protocol but this revised version there is the scope of the publication to only focus on the legal elements required to make a true finding of child maltreatment at the close of the investigation.
The former has been restructured so that it aligns the guidance for and terminology used in making a determination with the child maltreatment ACT the other items in the packet technical changes to reflect the new title and scope of pub three fifty seven in reflect current practicing law. There is only one public comment received specific to pub three fifty seven which was a request to add a table of contents which we have done and I'll be happy to answer any questions you may have.
Could you explain briefly the benefit of doing this and how this will be helpful in the long run. Yes ma'am so we've essentially lifted and the legal own it's required to make a finding from the child maltreatment ACT and put it into a format that's more easily understandable by a lay person and takes it allegation by allegations element by element that is required to make that finding. And and may I just add on at the Christian and a great job that are workers who are investigating literally take
this guide and then open it there's so many different maltreatment types that they will open it say to abandonment which you can see is at the beginning and just say okay here's the definition and then go one two three do I have evidence that proves each of these requirements and and really taking out making it easier to follow a step by step guide on how to make this findings hopefully will have better findings that are based on the elements of law. I thought something might be wrong because I could actually
understand that. That that's why we have Kristin Harper he's amazing and as she did work closely with legal but that was the point of this that make it aligned with the law that make it easily readable tire workers was in layman's terms thank you. You Representative Springer you're recognized. Thank you Mr chair can you
direct us to the page where you may reference to in response to the chair or chairman fights question what paid could you direct the defendant definition yes ma'am yes ma'am and it's it's right up front because the the is that the first category maltreatment that we have and so it's actually on page begins on page five of public fifty seven seven oh no I don't know in your packet that it's paid in a differently and they always in the in the guide itself in the proposals in the proposed rule yes man H. five yes ma'am.
Represent Springer at the time right in front of me you should have that looks like this and yes yes and then meeting to page five behind the front seat that looks like this. It's quite a lengthy guide and you seem to have a small packets I'm not sure we have the whole thing the whole thing but I'll take it and take it. And my paid my my document does does not have page okay but I see here there you okay I can see the definition of making the determination so is outlined their and so what what is the
major difference thing in as tell me the could you tell me again what the differences the proposed versus the old yes ma'am so the old version again it was and how this hell not treatment assessment protocol in a try to meet the needs of several different populations namely acceptance of the hotline level assessment of risk and safety of the child at that moment in time and then finally the investigative determination itself and in doing so I think it completed some of those issues and so we are constantly strained striving to improve our practice and so we are nearing
the scope of this document to focus solely on helping our staff make better determinations as outlined in the child maltreatment ACT and those little elements and we have other and initiatives in place to help with some of those other issues for example assessment of risk and safety last question Mr chairman what was the ProPublica comment that you receive regarding these proposed changes stem specific to public three fifty seven itself there is only one which was a request at a table of contents which we have done and then there was and a question from our colleagues at
the Arkansas state police regarding one and the other procedures related to this and we did have to update some of the procedures and policy to reflect the new name of the document for example and and our colleagues Arkansas state police and found a piece in there that not reflect current practice so we alter that to reflect the current pact practice I'm sorry I'm sorry Mr chair one last question so did you have any comments from the of Arkansas at your family and your children services they make any comments
regarding this so the so that is the agency that we represent the okay alright thank and I will also say even though Christian specifically answering the question about public comment we also worked closely with state stakeholders this is been and doc. I meant that has been in the works for I laughed and said for years but I really think it's probably closer to five AM and so even when I was previously at legal there has been lots of discussion and about how they had three fifty seven needed a complete rewrite and so we have really worked closely with our
stakeholders to do a complete complete rewrite we didn't just rely on public comments to get feedback on this. Okay seeing no other questions on the rule we're going to a without objection considered a approved. reviewed. And then direct Martin I think are you gonna give the third third quarter report yes and that's one planned a in maybe during that report maybe it's appropriate or after
but to you know represent costs represent Crawford's questions about the prosecutor I remember having some of the same questions early on you know when I came to understand what's going on there's more but if you want to dress that more people great yes thank you so starting on the third quarter report I'll just start on page one AM now if you'll remember at this the third quarter and it is noted on the front pages January to March our public health pandemics started March eleventh I believe and so I'll try and of some
impact where where you'll see and the numbers that really some of your our numbers we'll see greater impact in the fourth quarter of the fiscal year not so much the third quarter and so one example of that would be on page one our total incoming calls and to the child abuse hotline eight thousand five hundred and eighteen I pulled our third quarter of the last fiscal year and we had eight thousand seven hundred and seventy nine so why we saw it's about a two hundred decrease in this quarter we have seen adicional decreases in you'll
see them more noted and that and the next quarter report that that I get and you can see on the on the red circles and those are the calls that are assigned to DCFS where the blue on the left there are the calls that are assigned to see ACT. And we break out our calls entity things but investigation and what we call different from response was that which is a different way to respond if families it's really going in their engaging with families and trying to offer services verses verses going in there and saying
did this did this happen and did this not happen and we'll talk about different response a little bit more later in this quarterly report and to get to your question senator Hester on page two I think this my address or further complicate maybe some of the questions by Senator Pitsch related to you percentage of investigations found tree you can see the last four quarters we stayed about steady of all investigations being found tree that twenty three percent by see ACT is higher at that thirty one
percent and DCFS is lower I will tell you that both combined are average of twenty three percent tree finding is higher than the national standard I did I don't have that number off the top of my head but something I've consistently like that I can pull that for you guys if you're interested but just to comment a little bit more again to say what major tree had said it really is about the ability to prove the case and so you guys might happen to know that I am a lawyer and so I try these cases on the civil side before I became director and the sex abuse sex contacts are some of
the hardest cases to approve because a lot of times it's a victim verses offender with the lack of collaborating evidence so very difficult to prove on the prosecutor's side when it's beyond a reasonable doubt are very intimate tree you and then either to do that put on central registry or if the child ultimately comes in the foster care and we have to prove it the circuit court is a preponderance of evidence so more likely than not so sometimes you will see that are true finding is we have more true findings that are
actually prosecuted because we're able to pre if were able to prove to our burden a preponderance evidence where the prosecutors really can't produce evidence beyond a. Reasonable doubt and then there's also the situations where we cannot prove by a preponderance of evidence that it that it happened now also make the comment that when a when a call is made to the hotline it's reasonable cause to suspect abuse and so we have many mandated reporters across
the state and even if a if for example I'm a mandated reporter. Say somebody emails me with an allegation but maybe the allegation that they're emailing me as something they heard from their neighbor who heard from their sister and I know you I think that that might be far stretch but this stuff really happens when it comes to me I have to report it so just because I report it doesn't necessarily mean that it's credible and it's going to be very difficult to prove so it's more than just custody cases what comes into the hotline well
the mandated reporter or the anonymous and or or somebody in the community they may have just heard something I heard something just because they call it doesn't mean they actually have the evidence to prove it or they may or may not even believe it happened but they have the responsibility to report it and then for us to look into it and determine if there's not enough evidence to find treat so why I always want to protect children I am not concerned about our tree rate being around that twenty three percent and that is in line with national average
and we're actually a little bit above on the tree findings. You'll see on the bottom of page two and the types of allegations which are found treat neglect always continues to to be our highest moving on to page three you can see early hold up yes Sir. Senator Chesterfield you're recognized for a question thank you Mr chair and and good afternoon good afternoon one of the things that is of greatest concern to me is the fact that those in it those of us who were classroom teachers were
considered the first line of of the defense bar children against abuse we're no longer there that's right are we finding a decrease in the number of cases that you might think is related to the fact that teachers and bus drivers and all these and members of the education family are no longer around to protect these gates yes ma'am we're concerned about that that's absolutely correct we have seen in decreasing costs and our teachers are some of the highest volume of reporters that that we
have mandated reporters and I believe the city has that number and therefore not me to put them on the spot but if if they don't have it here we can definitely get it for you but teachers are our highest volume of mandated reporters I believe yes Mr glistens telling me yes I can see him and so yes I am concerned about the decrease in the number of calls that were receiving isolation is also concerning isolation is a factor for abuse or neglect and as we know through this pandemic more families are isolated and so
that that is concerning is there a concomitant increase in the number of of abuse cases that are being reported hospitals at center as a result of this or have we seen a correlation at all I would have to look at those numbers more specifically and get back to you if there has been an increase I know that in talking with children's hospital and doctor far as they are concerned that their kids could be a rise in the number of cases I'm not sure that we have the data to show that at this point okay we we don't know if we've got the correlation but there might be the update yes and I
think it's something that this committee has got to look into because we may be the first line of defense legislatively against what is going on I don't know how we in how we improve this be. Because when you have that number of people who are no longer working one on one with children. We put our kids a great risk so it is a deep concern to mean Mr Mr chair and I appreciate the quick being able to ask the question thank you.
Maximum page three I think yes thank you senator Hester am I mentioned fatalities in near fatality is on the top of page three you can also see that there is a corresponding appendix in the back with more specific details related to the tallies there were five fatalities that had a corresponding tree finding for amount treatment one investigation that was and substantiated and FOR investigations that are still pending at that at the time of this report. And then we move into the difference response which I mentioned previously again
staying about steady in this quarter you will see a decrease in the next quarter the excuse me the bottom of page three are the types of allegations related to different from response and that came in and the percentage. Moving on the page for timely initiations of child maltreatment S. at assessments or we call them assessments or investigations we stayed about seventy at a combined a priority one AM Friday T. that initiation at eighty two percent am we also
made that a priority even when the public health emergency and hit we we really worked with our staff to prioritize the work that we do you and the party continue to be a initiation of investigations because the message our staff was if we want if we are focused on our value is to keep kids safe we have to continue to see kids we did not take away face to face contact even during the public health emergency for initiation of investigations because we need that safety of children was a
priority I had to make had to remain a priority. And the bottom of page four is a timely compete completion for DCFS alone while the top and so there we go priority one party T. seventy eight percent you see different a response on page five timely initiation did see a little bit of a decrease of seventy percent but not substantial moving on to page six where you where we talk about reoccurrence of maltreatment and a little bit of an increase but if you look back over the three quarters it kind
of goes up up and down somewhere between six and nine percent but you'll see that the national standard FOR reoccurrence within twelve months is nine percent or less so we're right along that national standard requirements the bottom relates to reoccurrence of maltreatment related to our different response services moving on to page seven I think there was a question earlier and I'm sorry I was a minute late I was actually late I was in the lobby and having a meeting with the juvenile judges but and well I believe the question related to
like what happens after the tree finding an apologist of it in here that right but this is where our in home cases start so once we have an investigation our investigators are tasked with three things not only are they tasked with creating whether the out whether the abuse or neglect happen their task with always assessing whether the child is safe and then the third thing is their task with determining what services are needed to keep that child either safely in the home or what services might be needed if they have to remove that child to our our investigators
where three hats and any moment of working with the family on investigation once they make a true finding what we call an in home case is open and that is what this data is about we serve more children in home than we do in foster care as you can see that the end of the third quarter we were starving six thousand one hundred are we were serving two thousand five hundred sixty eight but for a total for the quarter we serve six thousand one hundred and forty five children on in home cases.
This I'm giving some of the charts but feel free to ask me questions moving on the page eight again still talking about in home cases you can see the break out of the children that we serve the ages on the bottom of page eight you can see our in home visits we made seventy one percent that is not good enough we continue to work and we have actually even seen increases that we have allowed video conferencing for in home visits on fought in on income cases a video conferencing using I funds and other types of technology.
I'm gonna move on to page ten looking at foster care and we have seen are we saw I see these past since we saw an increase in the number of children in foster care right when the public health emergency started and if you look on the bottom of page ten one of those reasons is we saw that a significant decline and the number of discharges with a slight uptick in increases so if you have a slight uptick in increases in you have a decrease it a decrease in this charges you have more kids in foster
care initially when the public health emergency happened of course cut court set down and for a few weeks but they have really been amazing partners to asking that up and running with video conferencing and we have already seen are discreet are discharges increasing and our entries stabling off so you'll see those numbers in the next quarter. Question Senator Stubblefield you're recognized. Thank you Mr chairman Misha up in regard to the child to tell
to write do you have any numbers for April and may of this year. Not off the top of my head are you when you say child to tell you what you mean the number of kids who have dad related to maltreatment either trough tell to raise regarding maltreatment or near child fertility rates I don't off the top of my head but we can get those C. and ACT I get a notification every time the hotline receives a call related to death assessment or death investigation I would be speculating but I have not seen
a huge increase in my in box of child that there's always too many but we can get you the specific number thank you and I can tell you one of the things we see it this summer and it's already happened and I'm all look at Gary's drownings so I've seen in the last couple weeks drownings at which we always the app tech in at one Memorial Day comes and but I haven't seen any and usual spikes now again I'm just going based on the emails I get auto email from Chris every time a child that the system in
our investigation comes the hotline. Thank you thank you Mr. Senator Pitsch you're recognized thank you I had an add on to that that I meant to ask earlier. Have we studied as quickly as possible the April and may. The the previous list of all the the referrals are we seeing because kids are at home instead of at school. A spike in our numbers there or is it still holding fairly flat Senate fish I brought data am.
So our our hotline calls are decreasing and I do you have the data brit down by county related to investigations I'm at let me look over here I'm trying to see if I can tell quickly just by looking statewide. If I can tell quickly. If there's been kind of a leveling off. Just looking quickly to based on the data that I have it looks like there's kind of a leveling off not a continued decrease no it back and make sure they agree with me leveling off.
House. Right immediately to half half the number of calls. He says taking up at the last week or T. just by looking at you know if it's small thing but it taking at that's scary glisten from state police so real quick a follow up real quick yes I guess my concern is that we
have a lot of mandatory reporters that encounter children outside the home whether it's school or sports or boys and girls club that Serra and the the falling off means they are seeing children. My concern is are the kids that are being harmed are we getting that message because obviously I'm worried about that scenario and he reminded me of that when he said how many deaths of we seen in April and may I'm worried about that too I'm just being honest you know their
child abuse prevention month we and if the governor even supported putting out that message and part of his daily message you know I was on the First Lady was on really trying to put out the message to not only mandatory reporters but the community that if you are having contact with children and you have concerns and their signs of abuse or neglect to call the hotline so yes it is concerning that there are less mandated reporters having daily contact with children thankfully and and not just not just the education
system but you know counselors who normally see children are doing telehealth but we're encouraging them to look for signs and symptoms even three their telehealth communication and back I agree with you it is concerning that our children are having less contact with manta tech mandated reporters and are more isolated. Okay director Martin continue with report thank you am again focus on foster care here on page ten page eleven looking at page eleven AM it's
steady that nickel act continues to be the main reason for children entering foster care but just to remind you can have multiple factors for wine you in foster care so it could be because of neglect and it could because of the substance abuse of those don't total a hundred percent but number one is neglect and number two U. S. substance abuse and many times with substance abuse does come the collect the bottom of page eleven are types of discharges again reunification are going back to the person from whom custody where it was remade
normally that's the peer it is our number one reason for kids leaving foster care followed by adoption and relative custody then children aging out and you can see the other types fund paid the bottom of page eleven AM page twelve the top of page twelve looks at the length of stay in foster care and placement tight on the middle of page twelve and I'll note that thirty percent of our children are with relatives so that's a good that's a good thing thirty four percent of our children are in foster homes seven of the in
addition to that thirty four percent and of their seven percent are and therapeutic foster homes which is a foster home setting nine percent are in concrete care you have pre adoptive homes and then some other types of placements. Moving on the page thirteen looking at that face to face visits with case workers now I will note that the end of the month at the end of this quarter at the end of March we did start allowing video conferencing for our workers to get a video conference with foster children
in foster families and the federal government put out information from the children's bureau that that would be allowed to be counted as a face to face so those are being counted in that number the bottom of page thirteen and you have to know that that this is our comprehensive health assessment for children who come into foster care when that we have always had good numbers and a good percentage of kids who got this timely when the public health emergency happened those did stop we put them on hold we worked with UAMS pace to work
out a plan they have received there is a backlog but they're working to get that backlog down and they are received **** face to face in person because they're at through a lot of conversations and work with him as we felt like that was the best way to get the really good information and make sure we had a good report on the children but of course they're taking precautions. M. page fourteen are siblings pace place together seventy six percent rate and needs of children in foster care on the bottom of page fourteen has held
steady at six point four we are above the national average and that is not good and something that we continue to work on but I will not that that is not good and that is on our priority list to continue to work towards permanency within twelve months of entering foster care is on the top of fifteenth we're a little above the national average again that's not great that is something that we continue to strive towards as we moved towards meeting children out of foster care safely. Am re entries in the foster care
did take this fight up increase but still right ad or of one tenth of a point above the national average. Moving on a page sixteen you can see that the number of children available for adoption at the end of the quarter was four hundred and forty three we estimate based on the data that about twenty percent of that four hundred and forty three are in foster I'm sorry or in pre adoptive placement you can also see that note on the on there I believe you Blue Ribbon on the left and amend the lawn to the bottom as seventeen ten at the
length of time from termination the finalization of adoption that has been a huge push for us to try and figure out how we move children to adoption more the ones you have already had termination it's been it's been determined that adoption is the most appropriate go for them how do we move them to adoption more timely and so we are working on that and you can see that there is a decrease I hope that there's not an increase over the next quarter but with the public health emergency it would not surprise me if we see a slight increase but again we're
partnering with the courts and I would expect the trend line take continue downward over the next court not this next quarter but two quarters away. Just a second represent fight I thank you Mr chair director Martin I'm I'm always surprised on social media when our people will send me a private message and say why don't you make adoption cheaper and I respond you can adopt a child and DCFS four zero cost and they tend to not believe me.
Would you read and write that message please it is very true I mean is absolutely true other than might have to pay for your physical if your insurance doesn't cover it but other than that there there there isn't a cost now you know a lot of families are wanting Ted dot babies or children under five and we don't have a lot of those kids and so we are really trying to recruit families who want to adopt older than five and so that's a little bit of a challenge for S. and not just older than five ASA sibling greets you know sibling grapes
who really are trying to keep or sibling groups together so well is free we need we need families here it wanting to adopt older children in sibling groups. Thank you. I mean you can see on page eighteen we did see at pre significant decrease in adoptions though and options where some of the first things that court's got creative in finalizing and I'll even refer it right I believe it's Representative fights area got national attention in a theme we can't put the story out but a
family put out their story of using the same to finalize an option at national attention so we are pretty excited about that and really I think help the other courts again I'm excited about means you met options and the courts all do you have the accounts given to them by the ASC so that's been super helpful and getting that up and running. I am page nineteen gives a break down of all of our types of cases which have already covered but and you can see our total number of cases in each tie. And then moving on the page
twenty are average case load which you can also see a break out in the appendix and while our abre average case load is twenty we still do have areas that have lower than twenty and we have areas that are higher than twenty so just to make sure that there's a fair representation there about our situation. Looking out of foster home bed to child ratio on the top of page twenty one it's still at hovers around point seven five so we are always in need and foster parents but again just like adoptive parents we need foster parent through willing to
foster five and above it and sibling groups and I believe that a recruiting foster homes is everybody's business so feel free as you're out there in your community to help us find foster families to to work with this in foster children and then the last few pages of their poor are appendixes with more detailed information on the charts and the graphs that I've covered. Are there any questions from the committee. Seeing none.
You're recognized can you push the yellow button. You're recognized. Of. Just push the green button now. I just had a quick question about what is the process if you get a complaint from a day care how are they administered because I got a complaint this
week about someone who suspected some kind of abuse to maybe a one year old and they said they called and they were dissatisfied with the response they gas from the hot line that they were kind of referred to call back again if they continue to see something service person was very upset and I said the student was probably special needs if this was an employee who worked there who reached out to me via social media and so I'm just kind of curious because
it it started a whole nother conversation of how those are really investigated if somebody calls from a day care with a complaint about. There's two separate think there's two separate separate issues there one is the issue of child abuse reporting and so I can answer. Okay and I'm trying to make sure my colleagues that chick from the children are a comfortable with me answer as far as calling the hotline that's how these things to be called into the hotline if they're dissatisfied about what response they get from the hotline I would
encourage them to ask for the supervisor in the hall and the hall and has supervisors really great and amazing supervisors and so when they're calling and they can always ask for supervisor review of that call in as far as the daycare and whether it's an allegation of appropriateness related to the daycare that those day cares have oversight and licensure from the division of child care and early childhood education which is my partner division and if there is a licensing issue but if there's abuse it does go
to the hotline if there's licensing ishi's and those can also be contact DCC easy if you would like additional information about this complaint I would be happy to get with you or get with mark why and we can coordinate with crimes against children and look into the specifics of this absolutely thank you. No further. Seeing no further questions you want to move on to the overturned investigation's report yes I.
I am so exhibit F. two I believe is what is for you guys is the over turn investigation record I'm sorry report and this is required by the legislature to be submitted by Jean first and so what this is is I'm just gonna walk column by column it's pretty simple but we break it down by our DCFS areas then you can also see it broken down by county it's the number of calls that the hotline receives the number I'm just going from left to right the number of of those
calls that are then accepted for investigation which meant means a met the minimum criteria terror except for investigation and then of the ones that are accepted by the hotline and then assign the either DCFS or see ACT the number of those investigations are actually found true that's the third column and then I'm gonna go as we go to the right and seen you go and numbers but each column has a corresponding percentage but then you can see the number of true investigations appeal so
I just for example call comes in for educational well let me cemex call comes in for physical abuse it's a sign Ted DCFS DCFS goes out and initiates it so you're in you're in column number Teague DCFS worker finds it trade you that's column number three it would be in that number and then DCFS notifies the offender and says you have a true finding for physical abuse and then the offender call the office of the appeals and
hearings and says I'd like to appeal this finding then that that number would fall into you number of treat investigations appealed so the offender appeal to the office of appeals and hearings and then they have a hearing and say that that bin is overturned by office of appeals in hearing that is then tracked in the number of appealed investing. Haitians that are overturned. So you if you move to the last call M. the percentage of all
investigations overturned so you take the and number two number two column number of reports accepted for investigation divided by the number of of actual investigations appealed gets actual investigations overturned gets you to the percentage of all investigations overturned and you can see that on the very far right call and if you take those two numbers we do have a very small fraction of investigations that are overturned if you divided by the
total number of investigations not just the ones that are appealed. Of we have made sense. And that's the report its but now my county. Representative Burch you're recognized thank you Mr chair. You do an excellent job of breaking down like specifically down to the cases to y'all and y'all sorry does CZ up as A
says. take the next level of this many or perhaps are being overturned from this county this particular investigator may need additional training do you go to that level with this report. So. Not exactly what yes and no so I don't do it in that way but we do look and see like do we have an investigator that continues to be overturned but I don't want to minimize it that the only issue is not quality of investigation right so it could
be that the over turned right and I county is because of a lack of quality of investigation that's one reason but it could be other things you never sides is the quality of investigation so there is other factors that play into how what is happening in that area related to overturn so my assistant director Leslie Sebring he's ever prevention reunification she has again at the top the CPS unit child protection services and they do you I'm investigative reviews
and then they do coaching and mentoring with investigative staff based on the quality of their investigations thank you. Representative bringer you're recognized. Thank you Mr chair I have one other question that I meant to ask about the changes in the procedure just wanted to know whether or not the I thought of the other agency that I want to inquire about it they had any input the Arkansas advocates for children and family services and we let me check them specifically.
I can hear sixty sand so we we did keep them in the league and and they actually serve on my Advisory Council Jennifer Ferguson but what Christian was saying she wasn't on any of the work groups specifically they and they do not really know about public comment right yes okay almost always review Penzo on the was this shared with them then is I guess I'm trying to we're trying to figure out was it other than public comment. All right can is there a way that you can share that with the employer they're very aware of our public comment I mean I do
know that they regularly watch her public comment period in our workers and I'm in the still hopeful slim yes yes and then so that is Jennifer Ferguson's Boston Jennifer is the one he typically works on child welfare issues with that so. Thank you that's the name right yes okay I was question myself. Are there any other questions. My director Martin you know me in that represent a fight we're just talking about we sat on this committee for. Six or eight years and you know since junior and this is a thank
you Mr holding these numbers get better every quarter every year and I mean you're taking care of our kids of Arkansas means a lot to us now is think any one senator Chesterfield talking awhile ago you know about you know we can be a line of defense like we want to be your advocate and ally and that we would support you guys and thank you and your team for the work you're doing for Arkansas thank you guys I appreciate how to it's been amazing to be able to be in this role and have such great support from the legislature that that is putting our children and families fires and we feel that the department
and I frequently expressed that to the to the staff across the state that were partners in this and I thank you for saying that it means a lot to me and I'll share with staff to. Member center. Is there any other business. Seeing none we are adjourned.
Agenda
A. Call to Order
B. Comments by the Chairs
C. Consideration to Approve Minutes of the February 12, 2020, Meeting [EXHIBIT C]
D. Arkansas State Police (ASP), Crimes Against Children Division (CACD), 2019 Annual Report, and Quarterly Oversight Report (October - December 2019) [EXHIBITS D1-D2] - Major Jeff Drew, Commander, ASP
E. Arkansas Department of Human Services, Division of Children and Family Services (DCFS), Rule for Review: Child Maltreatment Determination Investigations [EXHIBIT E] - Christin Harper, Assistant Director, DCFS, Infrastructure & Specialized Programs
F. Arkansas Department of Human Services, DCFS, 3rd Quarter Performance Report, SFY 2020, January 1, 2020 – March 31, 2020 and Overturned Investigation Report, June 1, 2020 [EXHIBITS F1-F2] - Mischa Martin, Director, DCFS
G. Other Business
H. Adjournment
Documents
| Title | Type | Pages | Source |
|---|---|---|---|
| Agenda — CHILDREN & YOUTH COMMITTEE - SENATE & AGING, CHILDREN & YOUTH, AND LEGISLATIVE AFFAIRS- HOUSE, Jun 10, 2020 | Agenda | 1 | Official source ↗ |
| EXHIBIT C - Minutes | Exhibit | 2 | Official source ↗ |
| EXHIBIT D1 - ASP Annual Report | Exhibit | 16 needs OCR | Official source ↗ |
| EXHIBIT D2 - ASP Quarterly Report | Exhibit | 36 needs OCR | Official source ↗ |
| EXHIBIT E - Child Maltreatment Determination Investigations Rule | Exhibit | 187 needs OCR | Official source ↗ |
| EXHIBIT F1 - 3rd Qtr QPR SFY 2020 · Arkansas Department of Human Services, DCFS, 3rd Quarter Performance Report, SFY 2020, | Exhibit | 33 | Official source ↗ |
| EXHIBIT F2 - Overturned Investigations Report | Exhibit | 4 | Official source ↗ |