Aging, Children and Youth, Legislative & Military Affairs- House

I want to remind anybody if they want to sign up to speak for or against a I will if she has you have an amendment okay we're gonna pass that out first yes I have one thank you but again if anyone here wants to speak for against the bill please sign up. Madam chair may I have a. Help come to the table yes thank you ma'am a DM Vaught District eighty seven. I'm Cerros and DHS office of chief counsel. Yes. Can you are recognized to present your amendment thank you ma'am after talking to several of the all in trying to get up with the judges making sure that we get everything in the order in which they felt very comfortable with also we're bringing it back we're. And. They're not we're actually on the best way to put it I guess is the bill is mandating report reporting requirements to the Arkansas child abuse hotline and the penalties for the failure to report to the Arkansas child hotline It upon them at the bottom line for it gives you a the prosecution for failure to notify we added that in so you would. It would be defined in the actual bill if they don't Don't turn in the mandated reporter a. We changed it where it was more clear that an offense involving physical injury the threat or risk of physical injury or apprehension of an imminent physical injury and the. Again we listed what the amount would be for. The misdemeanor itself. For unlawful disclosure. and with that I'd appreciate a good vote on the amendment and then we can talk about the bill. Are there any questions from the committee. Representative Springer you're recognized. Thank you thank you madam chair so these are just things that you're added to not taking out anything else this already within the. Correct what was presented before correct all right thank you I'll except for I do apologize I'm being directed. It's on I. If you look on page two a at B.. That's what we're taking now. Page two B. follow up Madam yes Sir you the the the language that stricken for failure to notify mandated that far. I'm sorry ma'am I'm sorry we were trying to get Mr Martin I'm just trying to get clarification on what you're. Adding input what so we took out the part where it says Class A.. If you look on page three of your amendments in the B. section we took out a class A. misdemeanor and we replaced it with an unclassified misdemeanor. And subject to a fine of up to five thousand dollars or imprisonment of up to one year or both okay and then if you look back on page two of the same amendments if you look at section B. you say that we took out for failure to notify by a mandated reporter in the first degree and you can see the rest of the line that was struck there yes ma'am thank you thank you ma'am yes ma'am thank you. Are there any other questions from committee members. What are the wishes of the committee. The motion to adopt all those in favor say aye. Anyone opposing may. Okay representative Vaught your amendment is good thank you so much madam chair and committee I appreciate that so again we sit down with the judges DHS and myself to make sure that we tried to make this More like how you all we're asking it for it to be as far as some of the amendments that you wanted I believe that you were sent information on how many states already do and am I right nineteen states that already do the anonymous do not have that anonymous reporter in the in their states and it's not affected them negatively in those states so I know that was a big concern for you all the other day the judges had a couple of spots that they. Ask for us to change and we got those changed And I've and I can let miss Martin if that's okay with the chair I think she would probably do a much better job than what I'm doing. You're recognized as Martin. Thank you I'm sorry I'm Mr Martin I'm that the secretary at DHS announces and represent what did a great job I just one additional point in that Amendment but in addition to the bill which was based on feedback from the committee as well as others is and if there is not anonymous reporting then increase the criminal offense for release of the reporters information so while it's still a misdemeanor in this bill it is an increase misdemeanor with an additional fine and possible imprisonment so at DHS even currently and with this bill if I reporter gives their name they are absolutely protected it is that not only if my staff released a reporter's name or they terminated but they can also be prosecuted criminally for release of a reporter named. Okay are there any questions from the committee I believe it representative fight has some questions. Thank you. Thank you madam chair person on either yeah. There you go. Okay now that that's it thank you madam chair I just to be clear this was not part of the DCFS is package right. That is correct we are neutron this bill we have provide technical support and we do not have any concerns thank you. Representative Unger you're recognized thank you madam chair. The lack of anonymous reporting because just a little bit nervousness not enough to to say no. But I'm guessing you guys have like a script book at the child abuse hotline of. Looking at a playbook is there something in there. That tells the call or if the desire to remain anonymous in just were not going to give a name that you would tell them how to find a mandatory reporter. And that currently has been brought to mind like that that is not the current that is not in the current script the hotline because you know currently they can they can report anonymously I'm sure it's the state police from the child abuse hotline in partnership with us I'm sure that something we can absolutely work with them on. And representative will reach you're recognized for a question. Thank you madam chair I think. I'm in this with wouldn't you agree because it's more of that than but I know last time that we had this conversation there were lots of concerns and I think there were valid concerns that were brought up by the Committee on teachers being put in a position to report and maybe if they felt like that they could report anonymously that they wouldn't in that an anonymity being an important factor in that I think that is also important and as someone who's made lots of child abuse hotline reports I think that it's important to realize and remember that we are doing this for the kids not for the protection of the people that are making the report and I don't that say that to indict anyone that is concerned about making report I just know personally when I made a report in the past I've been been very transparent with the family to say Hey these are the guidelines for mandate reporting if this happens you need to know what front that I will make a report so I hope that that is more transparent amongst all kinds of folks in the social work field the teaching field and all of that but I don't want to lose sight of ultimately this is designed to protect the children and in an effort to protect the children being able to port report anonymously I have seen kids being used as a pawn in the example wrecked representative sample used more times than not so do you believe or wouldn't you agree that this would help to resolve that issue. I would agree. I would I would agree as well but I just wanna say wanted this on something to that so reporting is the first step in protecting children but DCFS or state police ACT crimes against children we didn't have to be able to look into those allegations and approve that abuse and neglect is happening for us to be able to report I do it for us to be able to protect children when people report anonymously it really makes it difficult depending on what the allegations are to really be able to start an investigation and look into that and ultimately as a society we want to be able to protect children and so I feel very strongly about protecting reporters and I think we have done the the best that we can do to make sure that we protect reporters and protect that information it's not even release when we and released investigated investigative files protected by court order but we just really have to be able to to follow up and be able to go to whoever made that report and then be able to investigate improve so that we can protect children. Okay representative Duke it thank you have a question you're recognized thank you thank you madam chair quick question in reference to the states that have already done this and they said they haven't seen any. Impact how do you know on this if if it's anonymous reporting how are you tracking that when I was reporting did not get was not impacted by it. If I remember right from what you were sent the reporting didn't go down it was it's not like they lost reporters I mean reporting reporting is coming in follow up. I'm sorry if I'm I know that you said that I obviously did not see it and I'm I'm sorry I've forgotten that may well happen as well. I'm over what time period was that was that during the have recent wasn't. Yeah I'm sorry I can't answer we can follow up on that but we just looked into that the nineteen reports do not nineteen states have an honest now we deal we did pull the data and the last year of how many anonymous reports that we received so we can provide that data to you I will say that sometimes teachers do report anonymously even though as we go around the schools and encouraged them you're mandated reporter so you probably don't want to report anonymously said that there's a record that you reported and you filter obligation so some of those anonymous reporters may have been by mandated reporters like I said we do encourage mandated reporters to leave their name so that they can document that they actually made a report. Do you have any other questions represented Duke. I'll get back in the queue because I forgot what was sorry okay is there anybody else who has any questions. Representative did your back up. Thank you madam chair I was listening so intently to your answer that the question I had So I'll just follow up with you later. Sorry. And miss Martin when you get that information that might help with that we can disperse that to the committee if you. Yes ma'am can anybody else have any questions. A representative you're recognized thank you madam chair came back to me another it in lines on on the statistics I would be curious to know what it was during COVID because I know during that time period when the kids were home what we heard tremendously from staff was the concerns of some of them being long term in their homes and so obviously you're relying more on potential non as reporters in that instance so I'm just curious where the data came from those years because that can you would think it would be high. Because you're not relying as much on the mandated teachers and stuff on the reporting of your tracking with me what I'm saying but I do think that time frame is important to know understand data better I can really say that I'm not sure we can get that from other states but we could tell you are anonymous reporter numbers in COVID years twenty twenty one twenty twenty twenty twenty twenty one verses nine code years we are at so you know Arkansas that I can say anonymous numbers did pre endearing the coated verses Act before and after if there was a spike when co that happened. Okay any other questions from the committees. Is there anybody in the audience who wishes to speak against this bill. Anyone who wishes to speak for this bill. Okay representative fodder you closed for your bill. I'm because for my bill and I appreciate a good vote and I do appreciate everybody who worked with me to help try to get some of the amendments the child wanted in the bill so thank you very much I want to thank the judges and DHS for all their help. With the wishes of this committee. Wooldridge do pass as amended okay members as all those in favor do pass as amended say yea. Anyone opposed say nay. Congradulations representative Vaught you passed your bill. Thank you okay we will move on to House resolution ten forty one. Matt Duffield. Thank you madam chair Matt Duffield District fifty three Russellville. K. you're recognized to present your bill okay which one would you like first the. Ten forty one is first on our calendar okay start with that one which one is that I don't have my number to recognize the right to life yes ma'am thank you. Colleagues bring before you today House resolution says it's pretty cut and dried a recognized enable right to live property defense and the right to keep and bear arms in Arkansas and to proclaim the right to keep and bear arms stay in Arkansas so what this resolution would do is create a right to bear arms day. In Arkansas. I had tremendous support on this resolution a lot to get supporters of the two a currently in our house almost every Republican signed on as a co sponsor on this including also one Democrat signed on to this so I appreciate your your support look for to this day and Thank you very much. Are there any questions by the committee. Seeing none anyone in the audience who wants to speak against the bill or resolution. Anyone who wants to speak for the resolution. What are the wishes of this committee L. I'm sorry. Are you closed for your bill or do you wish to close for your yes ma'am position. Okay a. Okay representative painter motion do pass any discussion on that motion. Okay all those in favor of house resolution ten forty one say aye. Anyone opposed say nay. Okay congratulations you have passed house resolution ten forty one they now what's your bond to the next one which is House resolution ten forty two yes ma'am committee bring forty day this House resolution to recognize the Russellville cyclones boys indoor track and field team for winning the twenty twenty three class five A. state indoor track and field championship this the first state championship they won in twenty one years with which coincidently was the last year that I was in high school there so I'm not gonna say there's a connection there not but I appreciate your support on this look forward to a recognizing these hard working young men and women on the indoor track team from my home to address bill thank you. Are there any questions from the committee. Anyone wishing to speak for or against this house resolution. Okay what are the wishes of the committee. Shall I get I just want to give you the opportunity to close for your bill you just to such a great job presenting you know you don't need to close close thank you okay. And again representative painter motion do pass all those in favor at hold on is there any discussion on that motion. Okay. all those in favor say aye. Anyone opposed say nay thank you congratulations you passed your second house resolution that was ten forty two thank you manager thank you Committee. And I believe next on our agenda would be. Senate bill one ninety five and that is Kim Hammer and Charlene Fite. Yes. Charlene Fite state representative district twenty four. Mr Ross fifty chief counsel at DHS okay representative fight you are recognized to present your bill thank you madam chair there has been some misunderstanding about this bill so I want to give a little more explanation than I might ordinarily do this is called a safe haven bill but it does not touch anything to do with the safe haven boxes so I wanted to make that very very clear at the beginning this address is a situation that has happened twice so far in the state of Arkansas when a baby is presented to a health care provider and the mother states it is a safe haven baby but then the identity of the mother becomes known this happened once when the arm band was left on the baby and the baby was placed in a box in the safe haven box and then it happened another time when a hospital employee who is no longer a hospital employee took it upon herself to reveal the identity of the mother to some of her relatives so what happens is that once the identity is revealed intentionally or unintentionally Department of Human Services has no choice but to get involved this bill simplifies the process and honors the intent of the mother to let the baby continue as a safe haven baby insured it expedites the process production to take place while aligning with all the other requirements of the law if the baby's mother or family is never revealed the process continues as a normal safe haven baby but this law establishes that addresses the procedures for when the identity is revealed so the baby can continue to be treated as any safe haven baby would be although at the beginning as I said there was some misunderstanding and we got some very ugly social media from some pro life groups unfortunately they now understand the bill and we have. Had meetings about it and uh change some of the language that's been embedded into the bill to make it more clear exactly what this bill does and does not do and now there is no no no opposition whatsoever to the bill so we've worked a lot with DHS and getting this bill ready to bring to you so I'm going to ask my witness to talk a little bit about that process. Thank you for and allow me to speak today and I appreciate representative finds and overview and and what the purpose and intent of this bill is there a few other things and. Technical legal issues that are also addressed in this bill and that it does broaden the term medical provider to include any staff department of a hospital rather than just an emergency department and in it it does as she said to ensure that if a mother or a father either the parent can and Senate surrender a child pursuant to safe haven and if their identity is released that they have the same protection from civil and criminal liability DHS does have to proceed a little bit differently and then we typically would because we can't roll back the clock and we still have to honor the due process and protections under the constitution for these parents but it ensures that they're protected for both criminal and civil liability in the same way as if their identity were never known. And it also lays out the ad type of notice that is to be provided and previously there were some issues about when a parent's rights were terminated and pursuant to SA pay then surrender and this just makes clear that when a child is is delivered percent to safe haven that notice will be provided even if we don't know who they are that that publication will be and put in the newspaper once a week for four weeks with the opportunity to respond within thirty days and that four weeks of publication and was something that was negotiated after there were some concerns about parents and their parents rights in being at that that maybe the parent who did not effectuate the surrender and in that time frame lines up with the adoption code so if that if they may mother were to give that per child for adoption privately into the identity of the father were and known that for weeks of publication is what would be required so we just mirrored that in this. This procedure. Let me add that no woman would ever be charged with abandonment by claims a harbor. Okay you ready for questions ready okay anybody have any from this committee any questions. Kate seen none do we have anyone who wants to speak for or against this bill. Okay none there what's the I wish of the committee. Are you close for your bill. I am close for the bill madam chair and make a motion do pass okay sorry about that I just don't want to remember that part. all those in favor say aye. Anyone opposed nay okay congradulations representative fight you passed your bill thank you madam chair thank you committee members and we'll probably see her back in just a second but will move on to because I do think I see representative berry and the audience here to present house bill fifteen eighty six. Thank you committee chairman colleagues representative mark very district twenty six I have a a guest with me if the the chairman would allow him to approach slowly please. Jeff wood chief of staff the department the military. The former state legislator so anyway this bill is really it's it's pretty basic we change the term of military canteens because a canteen plot people refer to canteens is a thing where on your belt anymore and back in the old days canteens were like post exchanges in this to store where you go get stuff and so that languages change thirty five times in this bill from canteens to exchanges and into some other minor changes and I'll let the record or not representative but Colonel would Mr would. Finished rest. Thank you representative and members of the committee the other changes we make in here are mainly to clean up some of the organizational pieces of the NW ours these only apply to you camp Robinson fort Chaffee are the only two places we have these in there some confusing language in the statute that makes it sound like we hire state employees to run these to my knowledge we haven't done that in seventeen eighteen years and so we're going through to clean that clean that area of the statute up to to make it a match up and and then again we just change the word added the word exchange in in the statute the roll out and I think bureau also made some other changes cleanup changes I guess since the we have an updated this code in a long time there some new language that like in certain areas so other parts of it are just a standard clean up so be happy to answer any questions in the term that was used M. W. R. as morale welfare and recreation to the folks that are not familiar with the military but is basically all the facilities that provide for the morale welfare of soldiers sailors airmen and and unfortunately arenes so with that being said would be happy to take any questions. representative under you're recognized for a question thank you madam chair. German I noticed that you named by name chassis and Robinson and I know that the little stored ending field has closed but in the event it worked to re open when the Singapore Air Force shows up does that need to be included or does it just not matter well in the so there's a long detailed process so it at one time the there is they approached the army Air Force exchange service about putting in exchange on ebbing and they didn't make enough money to to keep that open so that wasn't really an option but at some point if it grows enough because it's going to create about a thousand jobs up there then that would be looked at again a potentially opening that facility back up. My question was if that were to happen and I anticipate that it will just does it matter that it's not mentioned. The good. No representative doesn't when we because we actually when we work that issue before to get it in the ebbing looking at the code section the adjutant general is the custodian of all military reservations and so ebbing falls underneath that broad definition so by this statute we could add another win at a nother military reservation. Are there any other questions by committee members. Seeing none is there anyone in the audience to speak for or against this bill. Seeing none I rest representative berry are you willing to close for your bill I am willing to close my bill I would appreciate a good vote thank you I remember that time Hey. representative painter is doing all of our motions today Motion to pass All those in favor say aye. Anyone opposed nay there you go representative very congratulations you passed your thank you madam chairman and thank you colleagues. And now will bring representative fight back to the table because she has to of bills that came from the Senate and I do have to say that these two bills were brought to us less than eighteen hours ago so without objection from this committee we will let her present these bills. Okay representative fight you're recognized to present these bills thank you madam chair and I'll have my witness introduced herself again I'm Charlene Fite district twenty four good morning crystal Harper Division of Children and Family Services. You are recognized thank you madam chair it is always our goal to have a child placed with relatives if at all possible leaving the home is very traumatic for a child going into foster care and if they are with relatives or fictive kin who are already known to the child it reduces that trauma this is a bill that will help make that possible let's imagine a situation where a grandparent very much wants to take three or four children into her home but financially that's difficult for her to do she can be approved as a provisional home with just a quick walk through and a quick background check and have the children within her home very very quickly however right now she is not eligible for payment but that is until last September when we started giving provisional foster parents a payment through actions of the R. Legislative Council what this would do is codified that and put it into law to give a payment to a provisional foster parents and I think this is a very good movie and keeping families intact as much as possible and reducing the trauma for children entering care and I'm going to ask miss Harper to explain more. Thank you so much and so yes this this bill actually expands permanency options in several ways including as a representative I was explaining and the allowing for a full board payment actually to our provisional relative and fictive kin parents and it would also expand access to subsidized guardianship for children who are not free eligible have allow non forty eligible adults between the ages of eighteen to twenty one in foster care qualify for state funded adoption subsidies and you'll see that you'll know the bills relatively long and we're changing a term from visitation to family time to better convey what those and family time should look like between a parent and child and so that affects several sections of the statute and there are also a few technical corrections and clean ups around definitions and and so happy to answer any questions you may have and if I might note this will be at no cost to the state of Arkansas these are federally funded. Hey anybody on the committee have some questions. Okay seeing none I anyone wishing to speak for or against this bill in the audience. And you're wishing to speak for it or against it for it okay come forward. And if you don't mind when you get there pressed a little button and introduce yourself before you if both of you could introduce yourselves before you speak thank you good morning madam chair and members of the committee Ernest brown circuit judge eleven judicial district west Jefferson and Lincoln counties. Good morning madam chair judge Stacey Zimmerman circuit judge for Madison and washing council for the last twenty five years. We're here on behalf of the judicial council and the juvenile judges committee to say that we appreciate representative fighting DHS to working with us there were some changes made and we wholeheartedly support the bill. And this gives us another tool in our toolbox to get kids placed with relatives if they cannot return to a parent and it speeds the process on to get financial help for the family members that do want to take a sibling group but don't quite have the financial ability to do so and as representative fight stated it's funded through the federal monies thank you very much for your consideration. Any member have any questions for the witnesses. No thank you for your testimony is there anyone else here to speak for or against this bill. Seeing none I I did make a clarification okay I was gonna say you want to close for your bill I think I'll do that yes thank you there is a some state money involved in the board payments but it is already funded this would not be at in addition to that. The estate that correctly miss Martin. It would be in our budget as approved for this session. Very well said we we need that budget approved. There there you go what are the wishes of this committee okay representative McClure do pass any discussion on that motion. Okay all those in favor say aye aye anyone opposed. Okay congratulations representative fight you have passed another bill that was house bill I'm sorry Senate bill three forty six and now will move on to Senate bill three forty seven thank you madam chair Senate bill three forty seven is a safety bill it does several things and let me line those out it clarifies that for purposes of whether the hotline can accept a sexual abuse allegation a child twelve or younger who presents with physical evidence of sexual activity is presumed to have not consented children cannot consent. It clarifies this sexual grooming includes acts that take place over the phone or via a virtual platforms and are not limited to acts that take place in the physical presence of a minor. Third it allows DCFS to provide notice to a school when a young adult age eighteen years or older who is enrolled in the school is named as an alleged offender in a child maltreatment report. It allows DCFS under certain circumstances to provide notice of the true reports of child maltreatment that is pending due process it cleans up language regarding assignment of child maltreatment reports to an investigative agency to ensure consistency of language and finally it removes the term parental and fitness from definitions of child maltreatment. Representative I didn't excellent job explaining the bill and we'll be happy to take any questions you may have. Members do you have any questions representative Springer you're recognized thank you madam chair I'm trying to understand the definition of parental unfitness for. That was taken out so is there a substitution for that so that is actually part of the challenge it's not currently defined and the child maltreatment out so that is one reason removing it from the definition of child maltreatment the broad definition of child maltreatment however and it will remain a grounds and the permit judicata payments in a collect on so that is still an option but since it's not defined we want to take it out of this section. Follow up manager. Thank you so are used are you indicating the investors of Court determination is that what you're saying yes Nancy two judicata Charleston elected yes ma'am. Okay and representative Shepherd I think you have a question you're recognized thank you madam chair in regards to twelve and under can you give more information about that. Yes ma'am and if so actually I believe it's eleven under and so essentially we've had issues and concerns I should say and the terms of what the Holland accepts or not into sometimes when there is a very young child and developmentally that child cannot consent and so we don't want to have to prove that there is any kind of forcible come and that there was any kind of consent for that child and so what we have done in the bill and to clarify that and is basically if there's any evidence but the child and eleven and younger has. Has participated in sexual activities specifically. Give me a moment. The child abuse hotline shall accept a report from the medical providers that does have to be a medical provider concerning a total eleven or younger if there's documented evidence of the child being pregnant or having a sexually transmitted disease and so that that is what we be looking at the hotline will be asking about when the medical provider because it in. Follow. What impact does that have on institutions. And. And can you give me a little bit more I can't for example if the institution has a child in it is younger than eleven and the initial process is to do a medical worker and there's evidence that they capped the challenges been sexually active with the medical provider be responsible for contacting the child abuse hotline making a report. So and yes if their concerns. About yes ma'am so again and it's just it allows the hotline to accept a report from a medical provider concerning a child eleven or younger ages documented evidence of that child being pregnant or having sexually transmitted diseases so certainly in the medical record that medical work up that doctor is going to be having conversations with the child and if that and so but it does allow the provider to call that in. Is that is that currently the law now with this the the medical providers responsible for contacting the hotline if there's evidence that the kid has been sexually active. Against a specific the specific requirements are is documented evidence of the child being pregnant or having a sexually transmitted disease. If I might add prior to this legislative session DCFS met with representatives from several agencies and none of them are in opposition to this bill Arkansas advocates for children and family Arkansas children's hospital UAMS casa program child safety centers a commission on child abuse rape and domestic violence court improvement program Arkansas crimes against children division attorney ad litem program DHS office of chief counsel governor's office juvenile judges parent council program so we made sure that this was well that'd. Are there any other questions from committee members. Seeing none anyone in the audience here to speak for this bill or against this bill. And I assume for the bill come on up and if you don't mind re introduce yourself to the Committee before you speak. Judge Stacey Zimmerman thank you madam chair and we're here to say that the juvenile judges and the judicial council support this bill. Thank you madam chair Ernest brown junior circuit judge of the judicial district west Jefferson Lincoln counties I want to again thank representative five DHS for giving us opportunity to that the bills and discuss it representative Springer your concern operating on fitness I had that as well because I thought it was taken away the discretion of judges but is in a separate section so we thought scope out frequent use of proven fitness on my cases that was resolved so we have generally about eighteen to twenty judges every Wednesday that go with the bills and so we talked about it makes suggestions there were changes made and so we fully support the bill. Okay are there any members who have questions for our guest representative Shepherd you're recognized thank you in in in judge and and I'm for the bill just so I'm clear I just wanna make sure that everyone else I understand what this does so currently during the intake process are when she went out are seen by the medical staff. Does your staff currently contact the hotline when there's some evidence that the kid has been sexually yes ma'am okay Sir okay I I just want to make sure that you yes ma'am thank you thank you. Any other questions for these gas. Okay thank you so much for your testimony today we appreciate it thank you. Any any other guest in the audience to speak for or against the bill. Seeing none representative fighter you closed for your bill I am close for the bill and I make a motion to pass Hey any discussion on that motion. Okay. Everyone for the bills say aye. Anyone against the bill. Hearing none congradulations representative fight you have passed another bill thank you madam chairman thank you committee members.