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

Thank you ma'am chairperson the Amendment is something that the attorney of items gave to me that address some of their concerns we got amended today it would be easier to present it with the entire bill so if that suffices. We can add it. Right but we still need a motion do pass on the amendment. Okay we have a motion to pass by representative very all in favor say aye. Pose no. Congratulations your amendment is adopted you may present your bill all right thank you all right so house bill seventeen thirty six deals with children that have left foster care that want to reenter care this bill wasn't brought to you by anybody who is Thought of having witnessed one of my former foster students students in foster children that have left care and in the course of a year some self in a really tough predicament committee reached out to me and we got him on his feet but I thought to myself you know going back into care shouldn't be as hard as it is currently you know the use has to petition the court going front of a judge we started this process back in January and he just now got a court date set three months later and for a homeless teenager that's you know not really realistic to navigate that that process so what this bill does would allow a youth seeking to reenter care the ability to reenter Care without going through the court system they can they're the request can be made in writing via an email or a text message or could be a phone call or even just walking into a DHS office and expressing interest and if DHS grants that requested in the youth is back automatically I spoke with director of Mr Martin about this and she said ninety nine percent of the time if you've makes that request then it's granted and I said well what about that one percent where it's not and she said it in cases where we don't allow them back in it's usually because of safety or the youth has expressed that they're not willing to commit to a plan you know to be successful and in those cases were DHS does not approve the youth to reenter care then they can petition the court and ask the judge to force the just let him back in care so there's still an option for them but for the ninety nine percent that they will accept back it'll just streamline the process now getting into what the amendment was the attorney Adil items felt it most beneficial for the youth if they could still be assigned to a case just in case DHS doesn't perform it doesn't do what they say they will do this will give them access to petition the court to provide services but if there's no. court case not to be open and there's no way for the turning out of items to be attached to the to the case and petition the court in and out of that so what this does is you know everything I said allows the U. three to care without going in front of a judge but it allows a judge to assign the attorney ad litem to the case just to have that option available if and when it's needed in the future. Are there any questions by committee. Representative Hudson you're recognized for a question. Thank you madam chair and this is. Early for my own clarification because I'm looking at your amendments and looking at the bill and end on Page two line to I see that you have an amendment that says you're deleting transitional services that right this page to the bill correct I don't have in front of the amendment okay but the next thing that shows up is quote had his or request to re enter extended foster care and then it goes on I think that that should be had to his or her request. And her is missing this is a type of yes unless this is all meant to be deleted but I wanted to make sure I understood. What the purpose of that one was. Was that one again sure Page two line two and three. Okay I had his or request yeah that needs to be his or her to type we can admit on the Senate and okay. That's all I have thank you madam chair. Representative Milligan you're recognized for a question is there a this is the bill we talked about with the ages twenty two when they can't come back to correct right yeah originally I think when I presented the bill to you I said I created a six month window and after talking to a director Mr Martin she says well of the idea of it let's just get rid of that six month window as long as the youth is eligible for extended foster care let's just make this the the practice so. Are there any other questions by committee. There anyone in the audience here to speak for or against the bill. Would you like to close for your bill I'm closed thank you and I like to make a motion do pass as amended we have a motion to pass as amended all in favor say aye. Opposed no. Congratulations you passed your bill thank you. Committee next on the agenda is Senate bill two O. four. President of McKenzie are you presenting that bill. Okay. And you have an amendment also. Thank you madam chair yes the amendment is to add to speak couples House sponsors myself and represent a fight and also and Senate sponsor. Ask I guess I make a motion to adopt the amendment okay we have a motion to adopt the amendment all in favor say aye. Opposed no. Congratulations you've adopted your amendment you're recognized to present your bill thank you madam chair so this bill is to to have a study with the aging children joint with the house and the Senate Committee on reducing the number of children in foster care and this is one of the not this bill necessary but the subject matter of the reasons why I really wanted to be on this committee I know number there for you have a heart for that as well probability so that's what this does and you can see It's looking at trying to bring in folks all the different stakeholders and determined look also the other states what are they doing what best practices can we do a study It come back before the Legislative Council at the end of that with our recommendations I'd be happy to entertain any questions. Representive Springer you're recognized for a question. Thank you madam chair do you know how long this is the proposals time period for the study to take place if I recall correctly the consent I didn't realize I was running this today but I have read this if I recall correctly we have that within sixty days were to. Have the DHS come before us with the report and it looks like by December twenty twenty two looks like we can meet every two months or as needed by the call of the chair of both house and Senate and then by December twenty twenty two it looks like have a recommendation that we would present. So that is that we send it follow up on something recognized. So we talk about the early within the we will look at within a year's time then is that what. Well looks like they would like I could be going this year next year as needed and then have something really ready part to present before the next session. With a recommendation on what we can do to remedy the obviously we have a number of kids in foster care and we want to reduce those and bring all the folks together and see what we can do. Final question okay you're recognized DO is there's I'm not is there such a committee already in place so will everyone be established this interim committee on this will be our this will be this committee here so this aging children house and Senate so it will be a joint joint study and so what will it will be called into order by that called into a meeting by the chairs of both committees and so. Right here so we're not looking at having an news task force or anything like that just the committee the two committees themselves getting together to study and come up with what we believe would be a good presentation to address this issue in the state. Are there any other questions by committee. Is there anyone in the audience here to speak for or against the bill. Would you like to close for your bill. I am closed and make a motion to pass as amended as amended thank you we have a motion do pass as amended all in favor say aye. Opposed no. Congratulations you passed your bill thank you manager. Next on the agenda is house bill seventeen fifty four. Representative Cavenaugh. Thank you Mr Speaker. Would you like to go ahead and introduce your guest or would you like to work to go ahead and introduce yourself. I Barbara Williams I'm the administrator for the FAA office of child support enforcement thank you you're recognized to present your bill thank you man. This is just a simple housekeeping bill to take the existing code in for consistency for the changes that we made in two thousand nineteen session a specifically the ACT ten forty three which was a requirement for recipients for snap benefits to cooperate with child support program in ACT nine oh seven which charge the child support committee of the Supreme Court to recommend a provision to the family support chart and then also it does my other minor changes for clarity and to eliminate conflicts and used Herman new terminology and that's a quick overview of what it does and. We'll be glad take any questions. Are there any questions by committee. we do have. Someone here to speak against the bill. To make Townley. If you will introduce yourself then you are recognized to speak against the bill. Hi my name is to me go tell me I work with Arkansas hunger relief alliance is the advocacy director I was here in twenty nineteen to speak against Act ten forty three my understanding about this current bill is that does line up you know what was passed in twenty nineteen with the current law what I'm also reading and I could be misunderstanding this but you know we've we've had a lot of folks who have experienced food insecurity and poverty not only in the past year but prior to the public health emergency so when we think about Requiring folks who are already in need and seeking help from public benefits programs to than. Lose benefits if they're not current with their child support payments doesn't seem to add up to the Arkansas hunger relief alliance and our members so we have you know all of the feeding America food banks the food pantries that that you know they they receive food from the food banks all of the the feeding America food banks in the state are on our board of the alliance and then we also work directly with our member agencies but I have a couple questions about this bill and it's because we know that one in six adults in Arkansas are living in poverty and wanted for kids are so when we think about custodial and noncustodial parents and how You know working with the office of child support enforcement is just one of the many options that families have when they're thinking about how to best reach their children I think the harder that we make it for them to get additional assistance the less likely that we will see their cooperation and child support payments and we know this from lots of research so I'm happy to go through some of the states I don't want to bore you all that we know that in Arkansas seventy four percent of the snap participants are in households with children and this bill and bills like it are often not brought up by constituents and the state they're it they're usually bills that are brought forward by foundation of government accountability or opportunity solutions project in these you know national think tanks that are determined to pick away at what they call the welfare programs and so so that act ten forty three that was passed in twenty nineteen does make it a requirement for snap participating households to cooperate with the office of child support enforcement and if they don't they risk losing their benefits We know that there are a lot of families that are you know that qualify for assistance that are working things out with their co parents we had a really amazing woman that talked about how restrictive it was aye aye aye aye now single mom to work with her co parent because of some of these guidelines if that other co parent is eligible for snap and raising children that are not this other co parents children why should we be pushing people away from programs that we know help feed their kids so I am more than happy to answer questions about why we think child support enforcement and snap should not be tied I'm happy to share information about the food insecurity rates in our state what we know is that Bills like bees and bills like what was passed in twenty nineteen really don't lead to increased payments and child support because if you don't have the money to make it through the month it's likely won't have the money when you are losing access to supports that help you in an effort to get those benefits are to get those those payments recouped so um language in the bill talks about people being in debt and you know they're they're already in debt and then there was another area that talked about people who are incarcerated in the definition of incarcerated and it's excluding time served prior to sentencing and I didn't understand what that was about and why we wouldn't count those days when we know that that parent would likely not be able to make any money to then pay for child support while they're waiting for sentencing so I'm happy to stay here get the heck out of the way whatever works thanks for letting me testify madam chair thank you very testimony are there questions by the committee for this witness representative Springer you're recognized for a question. Thank you madam chair I would like to hear your explanation as to why you say that to in conflict I mean I don't quite understand what you mean by that would you explain to me sure so what we know about snap is there is already a lot of reporting requirements that snap participants must cooperate with including you know if there's an increase in income if there's an additional person in their household if they have over two thousand two hundred and fifty dollars or two thousand five hundred dollars in savings or assets there's a lot of reporting requirements that's not participants already have to to navigate Because of active ten forty three. My understanding is that the office of child support enforcement and DHS now are checking cross checking information so that if the household is not up to date with their child support payments that then they are at risk of losing their snap benefits their temporary employment assistance benefits and I believe that it talks about something about foster care and I'm I'm sorry that I'm not as well versed on that but the reason that I say that and that we think that this could be a barrier is that if somebody knows that they're. Not up to date with their child support payments they also know that their families students secure applying for snap might be a trigger for office of child support enforcement you then find that household and then try to recoup those benefits either through garnishing wages or you know putting a lien on their account and at the end of the day we know the Arkansas has some of the highest poverty rates in the nation so Really adding additional barriers and adding additional reporting requirements not only for snap that also now for this child support enforcement Is a barrier and it's a deterrent for families that we know need access to this help. Are there any other questions the permit follow them you're recognized so do you have any statistics to tell us about what your findings of the and with respect to what you just spoke to. Well I know that we have some findings from two thousand fourteen about Utah and how more specifically. With a child support enforcement cooperation bill only around snap which is that ten forty three that was already passed in twenty nineteen they implemented they they did a study about what that would do you and how much it would cost and what the time would be for case workers and by the time they finish the study they realize that they did not want to implement that policy so I'm happy to find I mean to look up some information for you and get it to you representative Springer if that's helpful but I would I would want to know what numbers you're looking for because it's really hard to find how one policy pushes people away from programs that help them but we know that you know it might be possible to get some information about how One of my trade sanctioning people off of public benefits has led to an increase in child support payments or decrease or if it stayed the same but I I'd be happy to look into any of the information that you're needing. Final question that you're recognized. So of have you been in touch or had any conversations in previous times with the lady that spoke the we just heard from you off is always in the office of the turn now now is is that something that you all do on a regular if you are you all in communications with each other typically now up until really the Arkansas hunger relief alliance has a snap out reach program and that snapped out reach program is really our only interaction with households that are seeking public assistance and we've we've kind of bumped up against the office of child support enforcement either at our region fence or wall working directly with the snap participating household to just try to understand what their cases and how to support them but typically we don't we're we don't need to be in contact with office of child support enforcement. Well hello are there any other questions by committee with this one. Thank you for your testimony thank you or anyone else in the audience here to speak for or against this bill. Are there any other questions by committee for the sponsor of this bill. You like to close for your bill yes thank you manager this bill is not a bill that the setting these guidelines these are guidelines that we set back in session in two thousand nineteen this is a bill just to do the technical changes to make sure that they're following the guidelines that we ask them to do that's what this bill is actually doing everything that she brought up was discussed in two thousand nineteen that's not what we're doing here we're just stating the technicalities and the guidelines that they would use to do this for a fact that we're asking them to follow that's what this is doing is technical changes for that and with any quick I'd take any questions and I. The representative Springer you're recognized for a question. Thank you madam chair so why did it take two years for us to get this under way then can you explain to me what what this happened in the meantime while we're late in sounds like relating getting this taken care of this is the first session since we passed the law that we could get the bill we could actually do this because it was passed in session two thousand nineteen and then they had to do the rules and this is the first time that we could have brought this fourth to do so for the rules that allow you to for you to bring it before us had is that something you can share I mean I don't I don't know what the rules are and see if it maybe the maybe the rules can address some of the concerns that have been brought before us by this the bill will be on later this bill I mean the office in Johnson board may be able to answer that question. At the time that the bill was passed in the last session It was so far into the session that there would not have been time to go back and do this kind of clean up legislation I mean it's kind of separate from any kind of rule making that would that took place this is simply existing statutes that have been on the books for a number of years and needed to needing to add additional language addressing the standing of the office of child support enforcement the proper party to pursue legal action in the snap cases as well as the clean up that was not necessary for the changes that were made to the guidelines. Final question madam you're recognized so so what is it what is taking place since and has there been any type of monitoring collection of data what would your findings have been since you since this law wanted to place what is it that you can tell us that of at this point in time that makes you think that you're developing these rules would assist you in doing whatever it is you say you need to do. But again these are simply technical changes to the statute existing sections that address the standing for the office of child support enforcement to bring it is proper. provided that. OCSD was a proper party to pursue enforcement in cases in which a person was contracted with the office for services for Medicaid and for tanning for cash assistance so these aren't is not anything that was necessary for development of the program but is simply a clean up of the statutory language. Thank you anything else to night before you close for your bill. What's the will of the bill. We have a. Motion do pass represent. From representative Bentley I don't think it's amended was it okay. Just all the others that we. We have a motion to pass all in favor say aye. Opposed no. The ayes have it congratulations you passed your bill. And our final bill today's house bill eighteen oh nine. A representative woman. Thank you. And you do have an amendment correct. Okay. Recognized to present your amendment thank you madam chair my amendment is very simple it Page one line twenty nine it changes shall to may. No appreciated the vote. What will the committee thank you we have a motion to adopt the amendment. All in favor say aye opposed no. Congratulations you've adopted your amendment you're recognized to present your bill thank you madam chair of the please chairman please bring an expert you may just have introduced himself thank you. For those of you to serve me quite a while it may this will probably shock you but I do not have intimate knowledge of this subject matter and I found someone that does to help me. Okay so forth I'm Shannon prints and the principal and parent primary school in Arkadelphia. Thank you of members this is really a pretty simple bill it just revise the several places in code to ensure that. That there can be a transfer of a family in need of services case from one county to another should the should the of. Person that it did is this case deals with move counties and I would be happy to let misprints explain the need for this bill I would be happy to talk about it with you I have this is my fourth year as principal I have been in education for thirty one years in the last four years once I came to this role I have asked many times how come a fence petition does not follow these kids when they moved from county to county and I've asked many people and just happened to get the right connection here I was like no this is what this is an issue that I have I think the best way to explain it to you is to give an example so we will I'm going to make a name for a case that we have actually had this student Macy had been struggling the previous year I had a lot of absences and fans was not filed that year this current school year just returned to school. Great she's a joy to be around sweetest little girl and that you could not very very sweet she was doing a great job of attending was happy was well adjusted which was much different from the previous year around October twelfth she started missing school on a regular basis and at that time I filed with the ends and my concern was that excessive absences and that history from the previous year that I had learned to have around November sh well that October twelfth date her parents take her and they leave our County Clark County they moved to another county they do not enrolled her in school I move to another county with relatives they do not roll or in school they finally enroll her in at yet at third County and by the time they did this at the school knowing that the offense does not transfer to another county they did not know that we already have filed a fans in our county so after about twenty five absences accrued there in this district that aid initiated offense to get support for this family. Eventually when they feel the pressure is coming with the fans they leave that county and return back to us and the reason why we were we ended up filing offends a new one immediately and and then remit and just keep in mind that Sri Fiennes that we've been through already in one school year trying to get help and make sure that this student is at school like she should be so we immediately file that third fans when they returned back to our county and luckily we have a very good relationship with our prosecuting attorney so we had provided a lot of history and what's going on in this situation by this time she has missed forty five fifty days of school and one school year and she struggles as a student anyway so by filing a family in need of services edition and I do have to explain that to parents sometimes they get very offended then they feel like they're getting charges against them and they're not it's just we feel like you we need some help here to get your student in this case attending school on a regular basis so again that was three fans that we went through we finally got this third one through and they were still here and many times it leads to other situations that you learn about a lot of these families that up and move they've learned that they can move and get away from the current fans there's been filed again in this case Macy's case when they took her out of school back in October she was just all over the place with the parents they were heavily into drugs she was out there with them and not going to school observing all of this behavior during that time they did move to the next County there it was not. A good situation either but by the time that next County realized we've got an issue here and I filed a fee and then they up and leave again so I'm just trying to illustrate to use the need for a fans to follow them county to county we can't do anything about state to state but surely within our state we can make sure that a fans can follow them so that we don't let fifty absences in this case many times more than that stack up against us child of ours in our state and it does happen often. Thank you are there any questions by committee representative Watson you're recognized for a question. Thank you madam chair overall numbers on the fee is cases overall what are you what have you experience just out of curiosity. This school year alone with a virtual learning I have filed more fans than I had in the previous three years total I probably have about twelve or thirteen right now working we've gone to court on about seven of them we did back in March we have a court date coming up again and I will update them on those students that we file the fans for many times it's very helpful it just lights a fire under the parents and gets them more motivated to get out get the kids ready for school and and bring them to school or send them on the bass but I would say this year alone I'm I'm at twelve thirteen fans and some of them have not actually they sent a letter to the parents but it has not actually gone to court but will have more going to court I believe is the eight when we return back to truancy court in our county. Representative cloud recognized for a question. Thank you madam chair would you define for me the acronym stands out over here yes. Okay I'm just thankful for me and when you file opinions where we go who who gets that okay when you file a fence fence stands for a family in need of services when you have a student who you feel like in this case again attendance is an issue and that family needs help to get them on the right track back in school regularly you can file a family in need of services petition to the prosecuting attorney and then they start working on it from that point we do go to court by first send a letter we update them on absences then we go to court and in court and they speak with the parents and the child the first time what about the update whether it's gotten better or whether that sensors are still an issue and then when we come back again if they have not fix the issue then they have a fine that they impose about a hundred and fifty dollar fine that they impose on them but they never do that initially they always give them a chance to correct and fix whatever problem it is and I keep saying in this case attendance but we can also put file offense petition for help with a student who is out of control and they've been prescribed medicine that obviously helps them to be in that learning environment and all the students with everyone able to learn in that environment we can file offense petition to get help on making sure that they are taking that medicine as the doctor has prescribed it's obvious it makes a difference we can also file offense petition but say on attendance that I'm just drawing a blank M. I'm trying to think of what the other one was that most of the time ours is on attendance that so that's what most of our cases are anything if they. End up in other areas like the current one we have that have actually had to give guardianship to grandparents right now because the fans exposed some real issues you know it becomes then more in depth and I believe that was and part of that change you know if we have a fans going in our current County and it has gone much deeper than just in attendance issue and they're on it then they you know would keep it keep it there and keep working with the family and meeting with them and having them come to court to report that an FOR the issue of attendance it was just attendance that can easily be transferred to the next county and like I said many times these parents that's what they do they pick up and move to another county maybe they have had and other visits DHS visits or they just don't like that pressure I don't know our our intent is really never to get the parents in trouble it's just to help them to understand their responsibilities as a parent is to get your child up and get them ready for school and virtual school right now has heard that because of our students who are staying at home many of them are doing great we've had so many come back to school as a result of them not getting up in the morning getting dressed and getting their school attending their online lessons that they have with their teachers. Representative McLaurin you're recognized for a question thank you ma'am. I appreciate what you're doing and I understand having been made to an educator what you're going through I live up the road from you in Melbourne. So one of our kids goes to your school. There's been offense. Filed in Melbourne how do you know about that that happened in Melbourne is our database or we rely totally upon event very very good question and I know that our school counselors probably listening to this right now there is no database that tells us that we wish that there were like if it can go into the school and asking and and let us know Hey they have a currency ends the only way that we find out about this typically a student moves in and you know something just doesn't stack up they start missing school it you know the red flags are raised and so we start calling many times the counselor starts calling the school from which they came and they get all the information that they can all you know the background that is the only way that we can find out if they actually have had offense filed on them. And that takes hours sometimes of getting to the right person and hearing the story and there are some places you know that we don't have a relationship with in Arkansas Malvern we do then we will dig you know if we feel like there's something going on in their missing school we will. Investigate so we we don't feel like we should have to be private investigators to find out that information so you're having to do all the legwork this is really the old fashion way that hasn't changed and many many years I'm understanding you correctly have you are correct okay I would suggest you talk to representative will mark about that that a place down the road yes. Are there any further questions by committee. There anyone in the audience to speak for or against the bill. Join to close for your bill. I thank you madam chair very briefly I just want to mention that I did of visit with my local prosecuting attorney and that amendment actually came from discussions with prosecuting attorneys association so I think we've got a great very workable builders known opposition and I would sincerely appreciate a good vote. What's the will of committee. We have a record we have a representative yeah we have a representative we have a motion do pass by representative Bentley as amended correct. We have a motion do pass as amended all in favor say aye. Opposed no. Congratulations you pass your room thank you madam chair committee I appreciate it thank. Okay committee that concludes our agenda for today we will meet on Wednesday and you can be looking for an email from Blake about the bill that will we'll