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

I feel introduce yourself you're recognized thank you madam chairman morning calling so representative mark berry District twenty six and with the chairman's permission I'd like to invite from my guests to the table certainly just have introduced himself for the record. For health. Thank you ma'am lieutenant colonel Natalie brown with the Arkansas National Guard on the staff judge advocate thank you. Thank manager so house bill fourteen twenty five is basically says just a technical clean up the the bill but it clarifies the licensing of judge advocates in the State of Arkansas and allowing them to practice law in the state we have a number of different statuses that are of military members served in so this language will allow Senator Jett because from out of state to come into the state of Arkansas and be able to practice in the military courts of law so with that being said I'm not allow with the chairman's permission kernel of brown to explain the rest of the bill. Thank you you're recognized thank you M. so yes as representative very stated it allows the judge advocates that are coming in from out of state for specific military court reasons to practice law in those military court settings as well as allowing qualified individuals to serve as a military judge trial counsel defense counsel in those military settings. It also makes that changes that were required in the recent national defense authorization act to include removing the term gentleman from the punitive offense of conduct unbecoming an officer and a gentleman just removing that that statement about gentleman and allowing a stating that the military judge will be the person that imposes a sentence in the military courts martial and separating a finding and sentencing for each charge at that has been given by the accused. You ready for questions yes please okay are there any questions by committee. Yes. Jennifer you're recognized for a question. Thank you madam chair my question is these cases that the judge applicants will be here are they going to be related to Arkansas law Arkansas criminal code that sort of thing with those kind of cases to be heard before these judges we we have our own the uniform code of military justice which is military justice rules of that's what we have of military courts merit military courts marshals and they're handled by military judges and trial attorneys so but my specific question is will any of these cases relate to any violations of Arkansas Code on law no. Follow up you're recognized so the person that's going to be of the attorneys of I guess you having quite a few cases that require you to have these people and not be of. It's my understand is some judges can come only some lawyers can come in and request the court for permission so is that something that you're trying to avoid to get permission to of practice here in Arkansas what we have our own attorneys here as and the state of Arkansas pro about twenty five or thirty of them but it it times they need it may need a military judge to come from out of the state to sit over a court martial here in the state of Arkansas so and I will say this is been through the Supreme Court Chief Justice Kemp his staff the ministration Office of the Courts in there's not been any any opposition. Are there any other questions by committee. Is there anyone here to speak for this bill. Against this bill. Joint clothes for your bill I'm close to my bill but I would like to say that current brown it was one of my staff judge advocates when I served with her for a number of years as well as the staff judge advocate the colonel Jeff was used to be a representative anybody also little known fact as he handles all the cases for the Guantanamo bay of prison inmates that are at Guantanamo bay which is a pretty good feather in not only his have but for the state of Arkansas in it And as the quality of of military justice attorneys that we have in the state of Arkansas be recognized to be a a judge over issues down at Guantanamo bay so with that being said I appreciate to committee and I'd ask for a good vote. Representative painter have a motion. Any discussion on the motion. All in favor say aye. Opposed no. Congratulations you're patched your bill thank you madam chairman thank committee thank you madam chairman. I don't see representative fishes. Representative Scott you. We will now hear house bill fourteen sixty two. You feel introduce yourself and have your guest you're recognized. Thank you madam chair I'm representative Scott House District seventy two. Good morning Christian Harper an assistant director with the DHS Division of Children and Family Services. Colleagues the bill will four U. S. house bill fourteen sixty two and let me tell you just a little bit about where this bill came from last year Speaker Shepherd selected myself representative Brooks and representative ought to it's in the foster care homeless fellowship programs that we participate in that program and we met with policy experts from around the country and other elected officials to see how we can better advocate policy in our various states for a prosecuting home with you so today as a result of all of that time doing that cohort we have house bill fourteen sixty two. In this bill clarifies the definition of unaccompanied homeless youth in our state they're not currently clear fide clearly defined in the law and are often lumped when recounting children in foster care this bill clarifies that an unaccompanied homeless youth as a young person between the ages of sixteen and twenty two years old and is not in physical custody of a parent or guardian or guardians including a youth who ran away from home have been forced to leave his or her home or have parents who left the area or they have been left behind simply put these are kids and young adults who are on their own during the ninety third General Assembly we passed legislation creating a foster care and homeless student liaison on our college campuses this legislation just bills up on the support for those youth when kids when these kids have some other important life altering things to do I think we can put things in place to help them as far as basic documents that they need to get to school get jobs and be able to contribute to our society this bill would late will waive the fees for kids in foster care who are aging out or any company homeless you to get a government ID their driver's license they're pursue tickets or to obtain a degree a transcript from a public institution if I don't have the a balance in so That basically kind of sums up our bill I'm happy to try to answer any questions but just kind of want to give you a brief history history on where we got the bill from. Are there any questions by committee representative fight recognized for a question. Thank you madam chair my question is for miss Harper is DCFS neutral are in favor of the bill DCFS is officially neutral on the bill thank you. Representative local or you're recognized for a question. thank you for the bill. Thank it's needed. But I have a couple of questions on the application of the bill. So how will this. You foster care child identify themselves. To get the driver's license identification whatever it is and in his or anything it's going to keep. How we do that. By sixteen year old friend that was going to get their driver's license it's not homeless. Their parents don't have a driver's license from using the same system what the verification process I guess what I'm asking. My second if that identification card that they would have to obtain and I think they're safeguards in there to words. Page two of the bill it outlines how and the certifications are provided and so it's it's actually DHS will that will create a standardized form and then depending on which category the student falls in and either the school district liaison for homeless children or youths would verify that they meets the definition as under McKinney vento and and then throughout and several of the mid and middle of page two of the bill goes to and other agencies that was certified for example the director of an emergency shelter program funded by head and the director of a runaway or homeless youth and transitional program funded by and the US department of health and Human Services so there is some states are there thank you. Did you have a follow up. Thank you said several anyone else have a question from the Committee. Is there anyone here to speak for this bill. If you would come to the table and recognize yourself please. I'm here to speak in support of this bill my name is been Washington I've worked in homeless youth services over the past couple years in a now I can say that. Four of my last position I worked as a review case manager and we worked for youth that were. Aging out of I guess you the tension and we were trying to find homes and things like that and a barrier to House they. Often face was. Related to documentation after they leave the facility so many of them don't have. Close familial ties that would allow them to access those documents easily and a lot of times they would be. In the care of our shelter and our house or other shelters that I work that and support this kind of an importantly long out of time what we were trying to find some way to place them this would definitely benefit their efforts to become. I guess more integrated into society and to be able to find of a job the job requires housing you know an address to send things to so this would definitely help I know just. Outside of that circle I have had friends who've worked with not to help support the efforts of Lucy's place in the past the similar issue in their population and its runaway and homeless youth they serve and it was very difficult for them to find employment or housing without that documentation and there are protections and safeguards in place I from what I know it's very difficult for anyone to just get these types of waivers and usually required that you know me as a case manager or my supervisor or somebody else with the some type of legal professional services degree not legal but professional services agree to Determine if that was a homeless youth that have been R. holder for a period of time so. Thank you. Would you be willing for questions if we have any are there any questions for this witness. Thank you for your testimony. Thirty one here to speak against this bill. Would you like to close for your bill. Thank you I thank you for the opportunity to present this piece of legislation before you today we worked up for several months trying to get something that we thought would really benefit the kids And remove things that we thought would be hinderance and us trying to really focus in on what our main goal is and I would just appreciate your consideration your support today. Thank you as well the committee representive car. We have a motion do pass all in favor say aye. Opposed no. Congratulations you pass your bill thank you Committee. And representative Vaught are you running House resolution ten thirty four okay. If you will introduce yourself you're recognized. He represented by district eighty seven. that I'm bringing before you I House resolution to recognize the riverside high school rebel boys tennis team for winning the class two A. state tennis tournament. With that I would appreciate a good vote. Thank you are there any questions by committee. Thirty one here to speak for or against this resolution. Join to close for your resolution I am close for my resolution representative McKenzie. We have a motion to pass all in favor say aye. Opposed no. Resolutions you pass the resolution thank you I'm sure representive make Milligan will be very happy to hear that. And you are also going to present house bill fifteen sixty correct yes yes you're recognized. Can I have someone joined at the table please yes it would you mind turning that might. Off that's not being used and thank you. I didn't see it sorry ma'am that's okay. House Bill fifteen sixty. Krister Herford DCFS thank you. So at this bill will prohibit prohibit anonymous reporting to the child abuse hotline. And state fiscal year twenty twenty two there were a total of fifty seven thousand seventy one reports made to the Arkansas hot line six thousand three hundred and seven of those reports or eleven percent were made anonymously anonymous reports that were accepted by the hotline for the response accounted for only seven percent of the total number of reports made only are less than one percent that's zero point seven percent of all reports made to the hotline or set. So stained reports made by anonymous reporters as a we're gonna remove the language about anonymous reporting required that the hotline document reports of alleged abuse sexual abuse and sexual exploitation and forward it to the local law enforcement for criminal investigations when the alleged victim is eighteen years or older if the alleged victim is enrolled in high school or an extended foster care we're also clean up language regarding parties to an investigation that Page three line eight which clarifies that an officer not offender listed and the an investigation is an alleged offender. So the reason that we change it to eighteen or older was it was a student in foster care that was still in high school and one of. But a school near my area not in my district but near my area and that child it could be reported because the child was eighteen and younger so this would take care of those children who are that nineteen years of age that are in foster care that maybe had been held back a year or someone who had been held back a year anonymous the another reason for the anonymous I would say is because you know if you've got two people get a divorce one might turn in the other just for a frivolous nothing and it keeps some if they turn it in and then they got to tell who they are if the reporting it also if somebody reports it correct me if I'm wrong at any point if somebody reports it and they don't have somebody that can go back to and ask questions to it becomes a big problem in the process of trying to figure out about the abuse and with that I closed at you might want to add some though I'm not quite sure. Representative but did a great job but I'm happy to answer any questions as well. Other questions by the committee. Representative Pilkington you're recognized for a question. Thank you chairwoman I guess my concern is with the removal of the anonymous reporting I mean are we afraid that some people will just will report because they don't have that M. and entities to. In the mid eighty two thank you president but you know what I'm saying I mean I I I guess walk me through this because I don't want crimes against children go unreported so help me understand why we're removing this and it's not going to lessen the amount of reports. Sure I think it's a few different. And so as as representative Vaught shared and you know we were initially we've looked at the data of course and as she stated currently only point seven percent of all reports that are made to the hotline actually substantiated when those are made by and binding on this reporter for talking about a very small number two you're concern about will people not reports of course we still do have a very long list of mandated reporters in the state and so they are required by law to report and and then be on that and the they're still protections for reporters so even though they may not be anonymous and by law it is confidential we cannot release who the reporter is so we're hoping in totality with all of these protections really what we'll get rid of our to a certain extent what representative Vaught was less gave the example of some custody battles or something like that because we also want to make sure that we're using our resources on the right reports and not getting unnecessarily involved in people's lives as well. Representative I you're recognized for a question. Thank you madam chair I have a couple of concerns with this site was a mandated reporter for most of my previous career and I dealt with some difficult parents and made some reports and I know that if my name had ever been revealed in anyway they would have definitely retaliated against me so that that's a concern to me are there not penalties for people who make false reports yes ma'am and to knowingly make a false report the hotline the first offense is a Class C. misdemeanor in any further offense is a Class D. felony and but again I would reiterate that even though you can this bill would make it and not possible to report anonymously the other piece of that is that your and identity as a reporter is confidential the Department cannot release that and during the course of the investigation. Representative will urge you're recognized for a question thank you madam chair follow up council representative fights point if an anonymous claim is made there is repercussions how do you know who to go after if it's anonymous that is part of the challenge I would assume so thank you. Representative McKenzie recognized for a question the manager so I just wanted to we use data I want to make sure that we're kind of getting a full picture of the story point seven percent fifty three thousand reports made point seven percent are substantiated how many of those I think seven thousand was the figure in terms of anonymous reports and so it so it interest in terms of the number of non except percentage of anonymous reports or accepted for excellence that was seven percent of the total reports made and screened and give me to differentiate between accepted investigated and substantiated I want to make sure that we're just getting a full picture of a right right so and for the nonce reports that were accepted by the hotline that was seven percent and so those the hotline screens women that means they go out to either DCFS or CACD to be investigated when there are out there doing their investigation they have to determine if there's a preponderance of the evidence to make and substitute substantiated findings otherwise known as a true finding and so of those that were accepted only point seven percent of those had that substantiated findings of a part of the challenge that representative about was also speaking to you is one of the things that our staff is typically required to do as part of an investigation is contact the reporters so we can get additional information of course there's an anonymous reporter we cannot contact them what makes it extremely challenging. Hello you're recognized else's wanna make sure I have a clear understanding of confidentially confidentiality you're talking about in terms of reporting and in a post this bill number world do do individuals who report are granted anonymity or confidentiality even in a court setting because I I understand is regardless of the for the the severity of the crime those to those individuals report are still required to have some of their testimony information right into a court for public record Board due process of a victim or The process of someone who's been accused in the opportunity to reproach who is late late a claim against them is that what kind of confidentiality exists for those who evidence and substitute report in a post HB fifteen ten were. And so one thing I do just appointment clarify so these these are child maltreatment investigations other civil suits and not criminal investigations so I did want to make that distinction and so have an unfair or an there are certain and the prosecuting attorney in certain situations we can release the prosecuting attorney if there are going to be criminal and proceedings alongside the child maltreatment investigation and the the on that and the name of the reporters confidential. Representative Duke. You have a question. Yes thank you madam chair I was trying to make you have a question I thought it was early on and then it went off and then I'm like well maybe god saying I need to ask the questions that will just go ahead go with it. So of the reports that you have right now are they are anonymous. The bulk of them you know what they're coming from. Correct I mean it totally you and we're talking to staff oftentimes it is the situation the representative about mention but again they are not a mess so no I have no data to stay X. percent is this and why representative so the concern I think that ever I don't know everyone that I guess I have is. Are we going to R. their staff members. And and other air occupations that are going to be less likely to report now can can you have any idea less likely to report now because of the concern like represent if I talked about as far as. How that. That person might react have it will they be less likely to do it because the ninety minute do you have any idea to. Not have a that's why the next question because I don't know how to format You know you have so many were they coming from normally the question the ones that are not report that are not reporting anonymous can you give us any idea of where those are coming from so that we know that. The people in the most contact with these children that we're gonna guess a lot of them are making them that's where the bulk of their coming we're not gonna turn to them with this be anonymous on of that got that out there right I'm sorry so as I think I understand the question and so again because I'm not sure. And so again that's who by law there is a very long list of manager reporters in Arkansas and and so they are required by law to report and so that is the bulk of those folks are gonna see some of this your teachers and social workers and things like that so regardless they're still going to be required to report to the hotline and now in Arkansas you do not have to be a mandated reporter to report to the hotline I think maybe that's first some of your concern is coming from but again because these are anonymous reports I do not have data to say. Inconclusive yet conclusively that have. Citadel to respond to questions. Can I follow other recognized thank action of the school recognized thank you so the ones that are already mandated reporter you already know that information of his reporting there there's a quite typically is the Holland as to their questions then yes that is one of the questions are you mandated reporter. Representive fight. Did you have a question yes thank read madam chair this is for miss Harper I was just wondering are do you have any information about other states that have removed anonymity. From there hotline and how that has worked. I do not have that data in front of me I do know there are states that do not allow for any for an answer for an honest reporting. You're recognized could you tell me what some of the states Our I cannot off the top of my head I'm gonna give you all information that be happy to pull that information for you thanks I'd be interested in that thank you. Representive car do you have a question. You're recognized thank you madam chair hi in the event let's say this all right so mandate reporters are bound by law to report and if they don't there are consequences they face. Post passage of this bill in the event when they report. They submit their name is protected by confidentiality. Are there consequences for anyone that might leak that name out. Yes Sir there are okay. because I know thirty years in public school I understand mandated reporter and you know we we understand that it needs to be done would rather report something and have no findings then the ops of that so that was I was just curious on that there are consequences for someone that would leak. The identity of the reporter thank you thank you madam chair. Representative painter. Leaking those names and and not to be a dead beat the dead horse already I am a little nervous about taking the and it be away the of that word but what are the consequences of of leaking the names. I apologize I should have that information prepared and I do not that would I'm happy to get that to you think that's Mr Gillam and have at it would you please thanks thank you mention. Are there any other questions by committee. Is there anyone signed up to speak for this bill. Against this bill. Would you like to close for your bill yes madam chair thank you so again I want to kind of give you the numbers so in twenty twenty to the over fifty seven thousand reports made to the Arkansas hotline six thousand three hundred of those which is roughly eleven percent were made anonymously anonymous reports that were accepted and responded to only account for seven percent of those reports whenever whenever we do anonymous reports like I was saying earlier if you don't have somebody to go back to and ask questions those children fall through the cracks those are kids who get left in homes that don't need to be in those homes that are dealing with abuse that they should not have to deal with and if we did have it where you could go back and talk to somebody those children might be saved and with that I close thank you madam chair and I appreciate a good vote. What is the will of the committee. Representive Aldridge has. Given a motion do pass is there any discussion on the motion resented Pilkington. Yeah You know hi I guess unsettled bill trouble deal with this and maybe we can do this during the discussion but my worry is that we're going to have. Have reports not be reported because there's not that level of anonymous reporting that is currently in existence and we talk about kids fall through the cracks my concern is something won't get reported because of we pass this bill and then those kids will not be on our radar there being issues and so that's a that's a concern I have this bill maybe I'm just not knowledgeable enough in this field I understand that that's my get it's telling me to vote no on this and so I just I I I want to committee understand that of and maybe I'm wrong but I'm just not feeling really confident about this bill and I think with children hanging in the balance it's not so that I can take without letting my issues be known and being addressed. Any other discussion on the motion representative pending thank you madam chair. Kind of feed off what representative Pendleton said I I am very I'm very concerned with the unanimity being taken away of of the bill children not being you know where I live they don't like Big Brother and if they have to you know to tell their information they may not report and that's a child that's noon ninety getting the treatment or or whatever they need so with that I will probably know the. Representative Graham like you're recognized this is this is echoing what's what's already been said I I I do want to say I absolutely love eighteen over in foster care stuff like a lot of that I think it's important that we have in the bill I am I am concerned because I've I've talked to teachers in the past two they have fears when the con the hotline and a half years with with any other information getting out I appreciate that there's a level of confidentiality that that will protect them but there's still a lot of anxiety and I know teachers who have called because they were allowed to be anonymous so fine I do I am concerned that if that's taken away the decision just a lot harder. Representative ought would you. The a mental to maybe still working on your bill I can pull it down I can get to all the states that already do this actually and we can get you some hard figures I can't get you comfortable with that maybe we can take out the anonymous or put in here what the fines would be if you. Divulge to someone's name So I don't mind pulling it down and working on it I think that would be wonderful a representative Donald did you have something you wanted to stay on the discussion yeah I do have something to put on the record and to this miss Harper's outlined contentious divorces I went through one of those to where someone called in and out twenty five hundred dollars later six hours of testimony put my kids through hail. The judge took ten seconds to rule in my favor all because is a very contentious divorce and they want me on record and put me on their through anonymous or unknown anonymous reporting that is wrong this is civil is not criminal keep that mind correct. Thank you thank you representive under you're recognized. Thank you madam chair. This is one of these I truly see both sides of the issue that are investigative resources are spread thin also echo what my colleagues have said I worry about the one that slips through the cracks and I just wonder if on the website and other information if we could enhance. Of the message of confidentiality. And insure that when people abuse this that there is some. just this through the falsely accused. but thank you for agreeing to to pull this down I'm I'm just not comfortable with it thank you manager. Thank you Committee. Does give anyone thank you representative vote for being willing to work on this. Kate next on our agenda is House resolution ten thirty nine by representative Duke. Thank you madam chair I'm gonna make this short and sweet because I know we have a lot and that this is a resolution to honor national to proclaim marches national speech and debate education within Arkansas it was driven by a local student who is this debate speech team member he contacted me answer Dotson to see about doing this just because this passion for bait debating what is done in his lives and just want to make sure that the knowledge in our state and I think they were doing something some on the national level too so. Are there any questions by committee on this resolution. There anyone here to speak for the resolution. Against the resolution. We like to close for your resolution yes ma'am I would like to close and make a motion to pass somehow I feel like we should have had more debate. Okay that's okay we have a motion to pass all in favor say aye. Opposed no. Congratulations you pass your resolution thank you. Next on our agenda is House resolution ten forty a representative beefs. If you introduce yourself you will be recognized. I'm the representative less eaves District fifty eight. This is about the finest looking committee I have been a part of so far. We're glad you joined us then thank you. members as you can see it's a house concurrent resolution to designate the month of March as national athletic training month should you be so Curtis to let this pass I will present the bill next the resolution next Tuesday I'm sorry I called house resolution ten forty got you. Same idea just electric cooperatives. April is important really important. Yeah. So are there any questions by committee. This is House resolution ten forty to proclaim March fourteenth as electric cooperatives of Arkansas day at the capitol. Okay. Any questions. President of McKinsey recognized thank you manager so why March fourteenth said Tuesday. That's when that's when the athletic trainers association members are going to be a dark skinny I mean the costs going to be here. This confusion is not my fault okay and started on the other end of the table so. With yeah so the March fourteenth is when the electric cooperatives and the other groups are going to be here. Thank you are there any other questions by committee. Anyone here to speak for this resolution against this resolution. We have a motion from representative Springer. Do pass all in favor say aye opposed no. Graduations you've passed your electric coop resolutions that. Thank you and now we will hear house concurrent resolution one thousand and nine okay great same song same dance making sure I'm looking at the right one here and March is national athletic training month they will be here to Morrow. Thanks so just in the Nick of time hopefully. Are there any questions by committee representing the core yes I just wanna make sure can we make sure that the next time if there is a house Senate basketball game that we are concurring with athletic training hundred percent in fact I think you'll probably appreciate one of the sentences that will be in my presentation on the bill should it pass to more on the resolution as it as it passes thank you. Yes president of Graham you're recognized would you say that the national athletic training month those people are more or less electric energy as the electric cooperative as I say they're more eclectic than electric your. Okay we're losing control here I'm. Are there any real questions from the committee representative Springer just kidding. Okay. No other questions. Is there anyone here to sign up to speak for this resolution against this resolution. We have a we're going to close for your resolution I'm close I appreciate a do pass we have a motion do pass from representative Springer all in favor say aye opposed no. Congratulations you've passed your wrestling you very much committee I appreciate it. Down the agenda we will hear house concurrent resolution ten ten by representative Crawford. If you identify yourself you will be recognized. Good morning madam chair committee Cindy Crawford district fifty one in Fort Smith and today I bring before you information about lieutenant colonel Chaffin he was from Sebastian County am from Fort Smith. I he was US Air Force and he flew the first four engine airplane into the Fort Smith airport he delivered general macarthur to the Philippines in World War two. He was reported missing in action in the South Pacific in nineteen forty three. Chaffin junior high in Fort Smith was named after his dad. So if you have questions I will read more of the resolution but if not I would appreciate a good vote and I'm close from a bill. Are there any questions by committee. There anyone here just represent. Is there anyone here to speak for the resolution against the resolution. And your clothes for your resolutions representive Carty a motion. Thank you I have a motion to pass all in favor say aye. Opposed no. Congratulations you've passed your thank you resolution thank you Committee. And last on our agenda for today is house concurrent memorial resolution one thousand and one and representive right. Feeling about yourself you're recognized. Okay thank you madam chair colleagues this is a concurrent memorial resolution to honor of fallen department of corrections officer named Joshua call dell who. Tragically was killed in the line of duty a little over a year ago he was killed he was a K. nine officer and he was Guild in the course of a manhunt that took place just north of Maumelle happen to be in the area that I represent Very tragic story he left behind a wife Laura Beth and three children Imray Audrey and Jeremiah he was just twenty nine years old he'd been with the department of corrections for almost a decade I believe at the time of his passing and you know there's really nothing that we can do as a state to make that family whole for what they have sacrificed but I feel like doing a resolution it has honor would be one small thing that we could do to express our. our appreciation for his service and and his sacrifice so just ask the committee to approve the resolution. Thank you are there any questions by the committee. Thirty one here to speak for the resolution. Against the resolution. And are you close for close thank you representative painter. We have a motion to pass before the committee all in favor say aye. Opposed no. Graduations you've passed your resolution. Thank you committee for good work today I would like before we adjourn today to recognize a couple of visiting judges that we have today we have judge Ernest brown from pine bluff who is also a former legislator. And we have judge Stacey Zimmerman from the Federal area. Thank you for being with apparently the best looking committee that there is thank you for being here today thank