The Senate Committee on Legislative Affairs and Operations was called to order by Chairman Jon C. Porter, at 3:40 p.m., on Tuesday, March 16, 1999, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Jon C. Porter, Chairman

Senator Mark A. James, Vice Chairman

Senator Raymond D. Rawson

Senator Dina Titus

Senator Bernice Mathews

Senator Maggie Carlton

COMMITTEE MEMBERS ABSENT:

Senator William J. Raggio (Excused)

STAFF MEMBERS PRESENT:

Bob Erickson, Committee Policy Analyst

Scott G. Wasserman, Chief Committee Counsel

Emory L. Crews, Committee Secretary

OTHERS PRESENT:

Chairman Porter opened a hearing on Senate Concurrent Resolution (S.C.R.) 13.

Senator Jon C. Porter, Sr., Clark County Senatorial District No. 1, presented his prepared statement (Exhibit C).

over 1,600 foster children. He said quality care must be provided the children in the state’s custody, and the transition of the children through foster care must be handled as quickly as possible. He explained the purpose of the study asked by Senate Concurrent Resolution (S.C.R.) 13 is to provide focus, not solely on the efforts of the Division of Child and Family Services (DCFS), but upon all efforts, private and public, in regard to meeting the needs of foster children.

Senator Porter said there are many chronic issues in foster care that deserve the attention of a study. First: independent living of foster children who "age out" of the system by turning 18 years old. He stated these children are met with harsh realities and little training to deal with independence. Second: foster parent payments must be considered. Third: DCFS caseload and employee turnover need to be addressed. Fourth: dental care for foster care children remains an issue. Fifth: adoption efforts need to be reviewed.

Senator Porter stated children in foster care are not in the state’s custody for what they have done but for what has been done to them. He said, "They are truly victims." He stated that a study will do much to set the direction for these silent children, and the cost of the study would be money well spent.

Chairman Porter asked for comments from those who wish to speak on Senate Concurrent Resolution (S.C.R. 13).

Misty R. Grimmer, Lobbyist and concerned citizen, told the committee that S.C.R. 13 might be the most important piece of legislation addressed this session. She said some of the paramount players in the foster care program are the foster parents. She related that currently there are situations occurring in the foster care program where the foster care administrators are victimizing some foster parents. She said if this continues persons will be afraid to step forward and help with the foster care program.

Ms. Grimmer encouraged the study committee to focus on the foster parents. She submitted a letter with attachment, (Exhibit D), dated February 9, 1999, to the committee concerning the experience of Ralph Denny as a foster parent.

Raymond Beaty, concerned citizen, said there does not appear to be a third party to oversee the cooperation between agencies, foster parents, and the children. He suggested a need of a third party to register complaints or suggestions and to generally oversee the foster care program.

Gerald W. Hardcastle, District Judge, Family Division, Department D, Eighth Judicial District, stated that he supported S.C.R. 13. He said there is a foster care review board in the Las Vegas area whose task is to make sure promises are kept to foster care children. He said improvement is needed in the quality of care children receive while they are in foster care. Judge Hardcastle asked that the public in general, and the legislators in particular, be made aware of the complexities of the foster care program. He related that children are sometimes moved more than 20 times while in foster care. He said systematic ways are needed to give quality care to the children and move them quickly through the system.

Charles J. (Chuck) Short, Court Administrator, Eighth Judicial District, stated he was testifying on behalf of the district judges. He said the judges legislative committee has reviewed S.C.R. 13, and is unanimous in its support; also the Court Appointed Special Advocate (CASA) staff has determined a study is worthy and should proceed forward. Mr. Short stated the study would identify gaps in service and determine how best to close the gaps and provide for a statewide delivery system. He said a commission could provide direction and set a course for cooperation rather than competition. He suggested the study should also address that federal mandates are being met. He stated the most important aspect of the study should be to focus on the kids and get them quickly through the system.

Daniel C. Musgrove, Lobbyist and concerned citizen, revealed he was representing his wife, Cynthia Musgrove, who has been very active in foster care issues but could not be present to address the committee. He stated Cynthia Musgrove was very much in support of S.C.R. 13.

Stephen A. Shaw, Administrator, Division of Child and Family Services, Department of Human Resources, said the Department of Human Resources does not take a position on interim studies. He said the foster care system was developed to deal with much simpler tasks than it faces today. He related that in today’s foster care system 91 percent of the children have special needs. He said issues faced in the foster care system consist of payment structure, competing foster care systems, and adoptions. He stated foster care should not be looked at in isolation because there are a myriad of issues that need addressing. He revealed there are approximately 1,600 children in family foster care, and additionally 1,000 children in higher levels of care, and 2,000 children in nonpaid placements. He said it is a huge system and if 100 foster homes are recruited, approximately 90 are lost for different reasons. He said foster care is a very complex system and much help is needed. Mr. Shaw said he would dedicate himself and his staff if a study committee were formed.

Chairman Porter closed the hearing on S.C.R. 13 and opened the hearing on S.C.R. 14.

Cynthia (Dianne) Steele, District Judge, Family Division, Department G, Eighth Judicial District, stated S.C.R. 14 needs to be supported. She said there are some circumstances wherein terms of offices are staggered because departments are not elected on the same rotation basis. She suggested the 4-year rotation of judges be flexible in order to pick up qualified persons who only have 2 years left on their term.

Judge Steele said that families make more than one trip to the courthouse, and it is good if a judge gets to know a family, a repeat offender, or someone who is on probation. She said juvenile judges also take care of the abuse and neglect situations, and those families truly need to have some consistency, with the same judge being able to monitor their case progress for a longer period.

Senator Titus asked if she envisioned someone running as a juvenile judge or a family court judge.

Judge Steele said someone would run as a family court judge. She stated the family court judges would then meet and select the juvenile judge. She said it would be an in-house decision.

Judge Hardcastle said the National Council of Family and Juvenile Court Judges recommends the juvenile court judge serve for a period of at least 3 years. He said this is a very complex judicial administrative system when it comes to dealing with abuse, neglect and delinquency. He said that making the commitment for at least 3 years is something that ought to be done if we are to serve children well.

Judge Hardcastle said the judges set the tone and direction of what happens to foster children, services, and abused neglected children. He stated it makes prefect sense to have a judge in juvenile court long enough to provide that direction. He said S.C.R. 14 will encourage the Family Court Judges to resolve this issue at their next meeting.

Chairman Porter closed the hearing on S.C.R. 14 and adjourned the meeting at 4:20 p.m.

RESPECTFULLY SUBMITTED:

Emory L. Crews,

Committee Secretary

APPROVED BY:

Senator Jon C. Porter, Chairman

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