MINUTES OF THE
JOINT Subcommittee on
Human Resources/K12
of the
Senate Committee on Finance
AND THE
Assembly Committee on Ways and Means
Seventy-second Session
May 9, 2003
The Joint Subcommittee on Human Resources/K12 of the Senate Committee on Finance and the Assembly Committee on Ways and Means was called to order by Chairman Raymond D. Rawson at 7:50 a.m. on Friday, May 9, 2003, in Room 3137 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.
Senate COMMITTEE MEMBERS PRESENT:
Senator Raymond D. Rawson, Chairman
Senator William J. Raggio
Senator Barbara K. Cegavske
Senator Bernice Mathews
Assembly COMMITTEE MEMBERS PRESENT:
Ms. Sheila Leslie, Chairman
Mrs. Dawn Gibbons
Ms. Christina R. Giunchigliani
Mr. David E. Goldwater
Mr. Lynn C. Hettrick
STAFF MEMBERS PRESENT:
Gary L. Ghiggeri, Senate Fiscal Analyst
Mark W. Stevens, Assembly Fiscal Analyst
Larry L. Peri, Senior Program Analyst
Bob Atkinson, Program Analyst
Jim Rodriguez, Program Analyst
Judy Coolbaugh, Committee Secretary
OTHERS PRESENT:
Michael J. Willden, Director, Department of Human Resources
Edward E. Cotton, Administrator, Division of Child and Family Services, Department of Human Resources
Willie Smith, Deputy Administrator, Youth Correctional Services, Division of Child and Family Services, Department of Human Resources
Jim Baumann, Administrative Services Officer IV, Division of Child and Family Services, Department of Human Resources
Christa Peterson, Ph.D., Deputy Administrator, Southern Region, Division of Child and Family Services, Department of Human Resources
Senator Rawson:
We will reopen the community-based services budget account to make a correction.
Community Based Services – Budget Page HR ADMIN-16 (Volume 2)
Budget Account 101-3266
Jim Rodriguez, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau:
A budget closing package has been distributed to the subcommittee entitled Joint Subcommittee on K-12/Human Resources, Closing List #8 (Exhibit C. Original is on file in the Research Library.) Staff originally presented this budget on April 16, 2003. In preparing this budget account, the Department of Employment, Training and Rehabilitation (DETR) built in a cost allocation of $80,496 in fiscal year (FY) 2003-2004 and $81,098 in FY 2005 to the base for the Office of Community Based Services’ share of administrative support costs allocated to the budgets operating within DETR. Staff detected an error in the allocation which resulted in higher General Fund savings when presented to the subcommittee. Item 4 on page 2 of Exhibit C corrects that. The actual savings to the General Fund in option 1 would be $10,757 in FY 2004 and $10,837 in FY 2005. Option 2 diverts the entire cost allocation to client services with no General Fund savings.
Senator Rawson:
I will accept a motion.
Assemblywoman Leslie:
I will make that motion. We had a lengthy discussion previously about increasing client services, but the subcommittee decided against it.
ASSEMBLYWOMAN LESLIE MOVED TO REOPEN BUDGET ACCOUNT 101-3266, RESCIND THE PREVIOUS ACTION, AND UTILIZE THE FUNDS FOR A REDUCTION IN THE GENERAL FUND OF $10,757 IN FY 2004 AND $10,837 IN FY 2005.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
Senator Cegavske:
Could staff tell us the exact amount of the savings?
Mr. Rodriguez:
The amounts available for reversion to the General Fund would be $10,757 in FY 2004 and $10,837 in FY 2005.
THE MOTION CARRIED. (ASSEMBLYMAN GOLDWATER WAS ABSENT FOR THE VOTE.)
*****
Senator Rawson:
We will open the budget account for the Office of Health Administration.
HR, Office of Health Administration – Budget Page HEALTH-1 (Volume 2)
Budget Account 101-3223
Bob Atkinson, Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau:
There are two closing issues for this account. Five new full-time equivalent (FTE) positions were requested after the submission of the Executive Budget. During a work session, it was indicated these positions were not requested by the agency until this time because the indirect cost rate was unknown. Since then an indirect cost rate of 14.5 percent has been approved. That rate would be sufficient to fund the new positions. Information provided by the agency demonstrates a substantial portion of the division’s growth over the last 10 years has been related to federal grants. It is therefore reasonable that these positions be funded through the indirect costs charged on these federal grants.
The second closing issue is the request for one FTE position to serve as the Health Insurance Portability and Accountability Act (HIPAA) privacy officer. The Executive Budget recommended this position be funded entirely by the General Fund. Staff and the agency came to an agreement to allocate 70 percent of the funding to indirect costs and 30 percent to the General Fund, based on the costs of activities covered under HIPAA. Staff recommend the position be funded with the suggested percentage split, which would result in a General Fund savings of $42,941 in FY 2004 and $54,814 in FY 2005.
Senator Raggio:
What necessitated changing the percentage split from 77 percent to 70 percent?
Mr. Atkinson:
The 77 percent was an estimate. It was fine-tuned down to 70 percent.
Senator Cegavske:
Is the $631,778 from the General Fund all new money?
Mr. Atkinson:
No. Under the General Fund, on just that line, $468,000 was in the work program year. The Governor has recommended that amount with $631,776 from the General Fund.
Senator Cegavske:
Does any of that federal money require state matching funds?
Mr. Atkinson:
No. The indirect costs are only charged on federal and fee-funded activities in the account.
Senator Cegavske:
Is the State Board of Health being increased to seven members?
Mr. Atkinson:
No. The State Board of Health has had seven members for some time.
Senator Cegavske:
On page 4 you request five new positions. Is that not reflected in here?
Mr. Atkinson:
No. Those positions are not shown in the closing figures, because they will be funded through indirect costs charged to other budget accounts.
Assemblywoman Leslie:
I do not have a problem with approving the five new FTE positions. The Health Division has been very successful in attracting federal funding, and the positions are needed to ensure the division keeps operating efficiently. The positions will be funded through indirect costs. I agree with the resolution for splitting the funding for the HIPAA officer between indirect costs and the General Fund.
I have another item for the subcommittee’s consideration. During the hearings, the Health Division gave us three options on the Sentinel Events Registry, also known as the medical errors registry. This registry was an agreement made after discussion and passage of Assembly Bill (A.B.) No. 1 of the 18th Special Session, which had to do with medical malpractice. I would like to suggest to the subcommittee that we fund the second option of the three options we had, which is the minimum acceptable level needed to operate the registry, and to fulfill the expectations of A.B. No. 1 of the 18th Special Session. This includes the quality improvement contract with an agency such as Health Insight. The cost would be $399,524 in FY 2004 and $347,875 in FY 2005. We have saved quite a bit of General Fund money over the last couple of weeks. I would like the committee to consider funding that as part of this budget account.
Senator Raggio:
This is the first I have heard of the item. I would like to see a memorandum on the proposal before we act on it.
Assemblywoman Leslie:
We can hold the item for action at a later meeting. There was a memorandum of explanation presented during the budget hearings, so it is not new.
Senator Rawson:
Shall we close this budget? This item can be added after we close the budget, or we can place the funding in the appropriations bill.
Mr. Atkinson:
I believe DHR has indicated the activity is not appropriately placed in this budget account. The division would like the registry placed in the Vital Statistics budget account (B/A) 101-3190, which was closed in full committee.
Senator Rawson:
We will instruct staff to ensure this issue is on the list for discussion so it is not dropped. I will accept a motion to close this budget account.
Assemblywoman Leslie:
I agree with that, as long as it is on the record that we will discuss it again before we leave for B/A 101-3190.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3223 AS RECOMMENDED BY STAFF, APPROVE THE FIVE NEW POSITIONS, AND APPROVE THE 70 PERCENT INDIRECT COSTS AND 30 PERCENT GENERAL FUND SPLIT FOR THE HIPAA OFFICER.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMAN GOLDWATER WAS ABSENT FOR THE VOTE.)
*****
HR, Maternal Child Health Services – Budget Page HEALTH-64 (Volume 2)
Budget Account 101-3222
Mr. Atkinson:
The recommended budget was adjusted to include the continuation of the federal Real Choices grant approved at the February 18, 2003, meeting of the Interim Finance Committee (IFC), and the federal Universal Newborn Screening grant approved at the November 21, 2002, meeting of the IFC. Also, the federal Sexual Assault Program grant and the federal Rape Prevention Program grant have been transferred from the Community Health Services B/A 101-3224 into this account. With these technical adjustments, staff recommends the budget be closed as adjusted.
Senator Rawson:
I will accept a motion to close this budget account.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3222 AS RECOMMENDED AND ADJUSTED BY STAFF.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMAN GOLDWATER WAS ABSENT FOR THE VOTE.)
*****
HR, Environmental Public Health Tracking System –
Budget Account 101-3203
Mr. Atkinson:
This budget was not included in the Executive Budget because the grant was not received until last fall. It was created at the November 21, 2002, meeting of the IFC for the new federal Environmental Public Health Tracking grant. It is a 3‑year grant in the amount of $518,566 each year. There are no closing issues, and staff recommends approval as presented. Staff recommends inclusion of a Letter of Intent indicating that any changes to this budget must be made through the IFC.
Senator Rawson:
I will accept a motion to close this budget account.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3203 AS RECOMMENDED BY STAFF AND WITH THE INCLUSION OF A LETTER OF INTENT INDICATING THAT ANY BUDGET CHANGES MUST GO THROUGH THE IFC.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED. (ASSEMBLYMAN GOLDWATER WAS ABSENT FOR THE VOTE.)
*****
Senator Cegavske:
I have had a clarification on B/A 101-3223. I would like to change my vote on the motion to a no.
Senator Rawson:
For the record, indicate Senator Cegavske voted no on B/A 101‑3223, and the motion still carries.
HR, Children and Family Administration – Budget Page DCFS-1 (Volume 2)
Budget Account 101-3145
Larry L. Peri, Senior Program Analyst, Fiscal Analysis Division, Legislative Counsel Bureau:
This is the central administrative account of the division. The closing issues begin on page 11 of Closing List No. 8. This budget recommends the continuation of Child Welfare Integration services, the creation of a standardized appeals system, the piloting of a centralized Child Protective Services (CPS) intake process system, and the transfer into this account of 21 FTE positions and associated costs from the Child Welfare Integration budget.
As item 1 summarizes, the budget is reduced by nearly 160 FTE positions and associated costs, which continues integration. It removes positions from this budget account and puts them into the Child Welfare Integration budget account for the eventual transfer to Clark and Washoe Counties in the coming biennium.
Item 2 is enhancement decision unit E-475. It contains three new positions, two new Social Welfare Manager III positions and an Administrative Assistant I, to serve as hearings officers, act as ombudsmen, develop standards for child abuse and neglect reporting, and establish a standardized appeals system. This has been discussed in prior subcommittee hearings. The division’s administrator has identified it as a priority and indicates the creation of this appeals unit would meet Civil Rights of Institutionalized Persons Act of 1980 (CRIPA) requirements. A federal investigation by the U.S. Department of Justice (USDOJ) at the Nevada Youth Training Center (NYTC) indicated youth needed an avenue to pursue grievances outside of the institution.
Item 3 is decision unit E-477. It recommends adding one new FTE position to pilot a centralized CPS intake process for Carson, Douglas, Lyon, and Storey Counties.
Item 4 is a transfer of 21 FTE positions from the Child Welfare Integration budget. Assembly Bill No. 1 of the 17th Special Session, which authorized Child Welfare Integration, authorized the creation of 30 new positions. Of this, 23 positions belong to the division. The division has requested 21 positions be removed from the Child Welfare Integration budget and transferred to this account, and 2 positions be transferred from Child Welfare Integration into the Unified Nevada Information Technology for Youth (UNITY) budget. The Child Welfare Integration budget was created solely to track the costs of the integration of the child welfare system. Staff feel any departure from this pattern would appear to compromise the intent of that account. We suggest you leave those positions where they currently are.
A budget amendment has been submitted to transfer positions from this budget to the Child Welfare Integration budget for eventual transfer to Clark and Washoe Counties. An Administrative Assistant III position was transferred but still left in this account; we have removed it, per Amendment 63 submitted by the Budget Division.
Decision unit M-501 on page 12 is a new Management Analyst IV position to serve as HIPAA privacy officer. The subcommittee previously agreed to fund four HIPAA privacy officers in DHR, and one is in the Division of Child and Family Services. We recommend the removal of $31,000 of expenditures in each year of the biennium: $25,000 for contract services to assess whether the division was compliant with HIPAA, $5000 for instructional supplies, and $1000 for miscellaneous expenses.
Senator Rawson:
We need to process some of these items. I suggest we hold on item 1, because there are some outstanding concerns. I will accept a motion to close items 2, 3, and 4 of this budget account as recommended. The technical adjustment regarding the HIPAA officer and the reduction could also be approved.
ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO CLOSE BUDGET ACCOUNT 101-3145 WITH THE CREATION OF A STANDARDIZED APPEALS SYSTEM, THE PILOTING OF A CENTRALIZED CHILD WELFARE PROTECTIVE SERVICES INTAKE PROCESS, WITH THE TRANSFER IN OF 21 FTE POSITIONS FROM BA 101-3142, APPROVAL OF THE HIPAA OFFICER, AND A REDUCTION OF $31,000 OF GENERAL FUNDS IN EACH YEAR OF THE BIENNIUM AS RECOMMENDED BY STAFF.
ASSEMBLYWOMAN LESLIE SECONDED THE MOTION.
Assemblyman Hettrick:
Could staff explain why, when federal funding is dropped by $4.5 million and there is a proposal to drop the number of employees, the General Fund appropriations continue to increase?
Mr. Peri:
I will look at the figures again and get back to you.
Assemblyman Hettrick:
Until we get the answer from the staff, I recommend holding the closing of this budget account.
Assemblywoman Giunchigliani:
I will withdraw the motion.
Senator Rawson:
We will hold on closing this budget account.
Child Welfare Integration – Budget Page DCFS-11 (Volume 2)
Budget Account 101-3142
Mr. Peri:
Closing item 1 indicates the total funding recommended by the Governor’s budget is $47,739,393 in FY 2004 and $52,206,954 in FY 2005. This account accepts the transfer of positions and associated costs from the Children and Family Administration B/A 101‑3145, and it accepts placement costs from the Youth Community Services B/A 101‑3229. The Governor’s recommended funding for the northern and southern regions of the state is shown in the table on page 15 of Closing List No. 8. This would accommodate child welfare placement and adoption services. It also includes continuance of severely emotionally disturbed placement and wraparound services for DCFS children at a cost of around $6 million each year in the biennium. This was contained in A.B. No. 1 of the 17th Special Session and reduced through the Governor’s budget reduction, but the budget contemplates its continuance in the next 2 years.
Item 2 is an amendment from the budget office that corrects a salary expenditure authority problem for Clark County’s integration positions. It asks that personnel expenses be increased in FY 2004 by $502,028 and decreased in FY 2005 by $453,993. This correction creates a net General Fund increase of $7584 over the biennium.
Item 3 is a second amendment from DCFS to increase federal funds in this budget by implementing the most recent federal medical assistance percentage (FMAP) rates in the base budget and maintenance decision units M-200 and M‑201. The cumulative effect of this would be to reduce General Fund support in this account by $603,323 in FY 2004 and by $974,877 in FY 2005. Federal Title IV-E revenues would be increased by those same numbers. These General Fund savings are proposed to go to the Youth Community Services budget account. This budget requires a General Fund augmentation of $409,573 in FY 2004 and $974,877 in FY 2005 to assist in eliminating the $1,154,223 shortfall in each year of the biennium, which was caused by over-budgeting of Title XX Purchase of Social Services revenue.
There are also several other closing items. Under item 1, decision units M-201 and M-202 discuss projected increases in adoption subsidy and foster care caseloads. Those are included in the numbers at the top of the page.
Under item 2, decision unit E-351 seeks to restore approximately $2.7 million over the biennium to Clark County. The funds will be used to restore capital expenditures, terminal annual and sick leave payments, and Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage for state employees transferring to the county.
Under item 3, decision units E-900, E-901, E-902, and E-903 recommend transferring 23 FTE positions for those positions approved in A.B. No. 1 of the 17th Special Session. They are proposed to be transferred to the division’s administrative and UNITY budgets.
Item 4 is a future funding plan for Child Welfare Services. Assembly Bill No. 1 of the 17th Special Session required the division to develop such a plan in consultation with Clark and Washoe Counties. This budget, as submitted, does not contain a future‑funding plan. The division has indicated Clark and Washoe Counties will receive increases in child welfare costs in the future commensurate with those received by DCFS. Such items as cost-of-living adjustments, inflation factors, and foster care reimbursement rates will be administered equally for all three entities.
Item 5 is higher levels of care. The division and the state continue to be responsible for the cost of higher levels of care statewide during the next biennium. These are placements requiring more services than family foster care, such as group homes, institutions, and so on. Those costs are in the Youth Community Services or Child Welfare Placement budgets.
Senator Rawson:
There are still some concerns about several of the recommended closing items in this budget account. I suggest we deal with items 2 and 3 and the first three closing issues, and leave the larger issues of the actual transfer, future funding, and higher levels of care for another day. I will accept a motion to close this budget account.
Assemblywoman Leslie:
The Assembly is prepared to close the entire budget. However, recognizing the Senate’s concerns, I will make a motion to close the budget with acceptance of closing issues 2 and 3, as well as other closing items 1, 2, and 3.
Senator Raggio:
The motion includes approval of item 2 and item 3 on page 15, and under “Other Closing Items,” item 1, item 2, and item 3 on page 15 and page 16 of Closing List No. 8. Is that correct?
Assemblywoman Leslie:
Yes. We are not approving item 1 on page 15 or items 4 and 5 on page 16.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3142 AS DISCUSSED WITH APPROVAL TO CORRECT SALARY EXPENDITURE AUTHORITY FOR CLARK COUNTY, APPROVE GENERAL FUND AUGMENTATION TO ELIMINATE SHORTFALL CAUSED BY OVER‑BUDGETING OF TITLE XX PURCHASES OF SOCIAL SERVICES REVENUE, AND APPROVE INCREASES IN PROJECTED ADOPTION SUBSIDY AND FOSTER CARE CASELOADS.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
HR, UNITY/SACWIS – Budget Page DCFS-20 (Volume 2)
Budget Account 101‑3143
Mr. Peri:
This account is on page 23 of your closing document and covers the division’s automated system for foster care and adoption. Item 1 is a request for two new FTE positions, a Management Analyst II and a Program Officer I, to improve system functionality. These positions are needed to meet additional Statewide Adoption and Child Welfare Information System (SACWIS) requirements, enhance eligibility functions, and meet the requirements of the Adoption and Safe Families Act of 1997. If these positions are improved, staff recommends reducing the price of the two computers to be purchased to reflect revised costs from the State Purchasing Division.
Item 2 recommends the transfer-in of two positions from the Child Welfare Integration budget. We do not recommend approval of this item.
There is a technical adjustment under decision unit E-710, which covers replacement costs of computer equipment, including personal computers, servers, printers, and so on. With updated prices from the State Purchasing Division, we recommend reducing this by $12,606 in FY 2004 and $2,170 in FY 2005.
Senator Rawson:
I will accept a motion to close this budget account.
ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO CLOSE BUDGET ACCOUNT 101-3143 WITH APPROVAL FOR TWO NEW POSITIONS AND TECHNICAL ADJUSTMENTS AS RECOMMENDED BY STAFF.
ASSEMBLYWOMAN LESLIE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
HR, Youth Community Services - Budget Page DCFS-29 (Volume 2)
Budget Account 101-3229
Mr. Peri:
The division has proposed an adjustment to eliminate the shortfall caused by the over-budgeting of Title XX Purchase of Social Services funds by $1,154,223 in each year of the biennium, as discussed previously. This budget also seeks to eliminate a shortfall for federal Title IV-B revenue.
The second paragraph on page 26 lays out the proposals. The net summary of the division’s recommendations is to increase General Fund support in this budget by $409,573 in FY 2004 and $203,548 in FY 2005, to increase federal Title IV-B child welfare revenue by $531,005 in FY 2004 and $763,142 in FY 2005, to delete the over budgeted amount of Title XX revenue by $1,154,223 in each year of the biennium, to reduce Title IX Medicaid revenue by $199,650 in FY 2004 and by $206,029 in FY 2005, to decrease over budgeted Title IV-B revenue by $83,505 in FY 2004 and $103,238 in FY 2005, and to reduce expenditures for 18 emergency shelter placement cases in the child welfare expenditure category in each year of the biennium. These expenses were transferred to the Child Welfare Integration budget, but they were doubled in this budget and not removed. These technical adjustments represent an overall General Fund savings of $193,750 in FY 2004 and $772,329 in FY 2005, for a total savings of $965,079 above and beyond the remedy of the over budgeting issues.
Under other closing items on page 26 (Exhibit C), the Governor recommends higher level group care placements statewide, caseload increases for Medicaid and non-Medicaid eligible youth, funding for projected subsidized adoption caseload increases in rural Nevada, and the transfer of Medicaid medical costs to the Medicaid B/A 101-3243.
Senator Rawson:
Mr. Willden, would you care to comment on the Title XX fix?
Michael J. Willden, Director, Department of Human Resources:
I concur with the Title XX fix. We have had major oversights in the accounts, and I am not going to make any excuses. The errors should have been caught by the division, the department, or the budget office. I also concur with the recommendation to move the Medicaid expenses from DCFS to the Medicaid budget, where those costs can be better managed.
Senator Rawson:
I was originally concerned the elimination of the emergency shelters placements would short the system, but since it is an erroneous duplication, I am relieved of the concern. I always find it unusual that errors seem to counterbalance each other.
Mr. Willden:
I would like to address Assemblyman Hettrick’s earlier question about the growth of General Fund appropriations versus the decrease in federal funds. Revenue in the child welfare budget comes from four different federal funding sources, including Title IV-E, Title IV-B, Title XX, and the Temporary Assistance to Needy Families fund. The only one of the federal funds that can grow is the Title IV-E funds. The other funds are capped. As the program grows overall, the needed federal funding resources are shrinking, which means larger General Fund appropriations are necessary to make up the shortfall.
Assemblyman Hettrick:
Does that mean we are replacing decreasing federal funds with General Fund appropriations? What are we actually spending the money on?
Mr. Willden:
I would need to dig into the accounts to answer the question specifically. My comments generalized the situation.
Senator Rawson:
It appears the General Fund is not growing fast enough to keep pace with the steady increased need for more funds. I would like to request a more specific answer to Assemblyman Hettrick’s question.
Mr. Willden:
Again, I would like to express my apologies to the committee, and I accept full responsibility for the major reconciliation issues in these budgets that the division missed correcting. We are working on reorganization, and we will do better going forward.
Senator Rawson:
You have our full confidence, and the committee thanks you for your statement. I will accept a motion to close this budget account.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3229 AS RECOMMENDED BY STAFF AND WITH AUTHORITY FOR STAFF TO MAKE TECHNICAL ADJUSTMENTS.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
Assemblywoman Giunchigliani:
I would like clarification on the emergency shelter placements, and reassurance there will not be a problem created by eliminating the 18 placements from this budget account.
Senator Rawson:
Apparently, the placements were double-budgeted, so no problem should result.
THE MOTION CARRIED UNANIMOUSLY.
*****
HR, C&FS – Juvenile Correctional Facility - Budget Page DCFS-53 (Volume 2)
Budget Account 101-3148
Senator Rawson:
The material on this budget in your closing document starting on page 31 (Exhibit C) has been updated; the new data is being handed out in a separate packet dated May 4, 2003 (Exhibit D).
Mr. Peri:
This is the budget account for operation of the Summit View Youth Correctional Center, which is a secure male juvenile correctional facility near Nellis Air Force Base. It opened in June 2000 and was operated by a private contractor. That relationship was terminated, and the facility has been closed since March 2002. The Governor’s recommendation is to run Summit View as a state-operated facility.
Decision unit E-350 includes 84 new FTE staff positions. It was originally envisioned that this facility would begin operation in July 2003. This schedule has been amended, and the new schedule calls for administrative and other key personnel to be hired in July 2003 and the facility to be opened with 24 beds in November 2003. The division’s ramp‑up schedule proposes to go to 48 beds by January 2004, 72 beds by May 2004, and full capacity of 96 beds by August 2004. Positions and operating costs have been adjusted to accommodate the revised schedule. The net effect to the General Fund appropriation is a reduction of $379,449 in FY 2004 and $11,197 in FY 2005.
A second amendment, decision unit M-502, seeks to add enhancements based on the results of the CRIPA investigation undertaken at the Nevada Youth Training Center by the U.S. Department of Justice. The subcommittee expressed concern about medical care, mental health care, and training for staff. This amendment asks to add funding for contract psychiatric consultations, medications, enhanced training, and a new FTE Correctional Nurse position. This amendment requires an increase in General Fund support of $175,041 in FY 2004 and $171,438 in FY 2005. The net effect of these two amendments on the General Fund is a reduction of $204,408 in FY 2004 and an increase of $160,241 in FY 2005, with a net reduction of $44,167 over the biennium.
The estimated operating cost per bed per day is approximately $152 in FY 2005. Once the facility is up to full capacity, this cost drops to $149. For comparison, the division currently places youth at a Corrections Corporation of America facility Tennessee for $113, and at Rite of Passage for $124. When those contracts expire, the costs are expected to increase.
Under “Other Closing Items,” the Fiscal Division felt some of the positions in the ramp-up schedule were being hired earlier than necessary. After review, it was decided 11 positions could be delayed till November 1, 2003, in anticipation of the second phase of the ramp-up to 48 beds. This revision will save the General Fund approximately $91,300 in FY 2004 and $3509 in FY 2005.
There are a couple of technical adjustments, including a reduction in training costs in the amount of $2338 in each year of the biennium, and a transfer of $60,572 for computer equipment to be moved into the information services category.
Assemblyman Hettrick:
Given that we have contracts in place to provide these placements at $113 and $124 per day, and considering the State’s budgetary crisis, I cannot support opening this facility at a cost of $10 million. I think we should continue the current procedure for now.
Assemblywoman Leslie:
I am going to make the opposite recommendation to Assemblyman Hettrick’s proposal. I have studied this issue throughout the session and had many discussions with juvenile probation officers in the state, who believe the current situation is untenable and out-of-state placement is not working. I recommend we open Summit View as a state-operated institution.
ASSEMBLYMAN GOLDWATER MOVED TO CLOSE BUDGET ACCOUNT 101‑3179 AS RECOMMENDED BY THE GOVERNOR AND WITH AUTHORITY FOR STAFF TO MAKE TECHNICAL ADJUSTMENTS
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
Assemblywoman Leslie:
If we are going in the direction of operating the center as a state-run facility, I want to make sure that medications and psychiatric care are also included in order to meet the CRIPA report. The training issue can be discussed in a later budget closing. I have no problem with the technical adjustments. The delay of staff hiring is appropriate. I support decision unit E-350 as outlined by staff.
“I just want to put on the record that I want to make sure nonviolent crisis intervention is the number one issue they address, not report‑writing.”
Senator Raggio:
I am going to support the motion, but reluctantly. In spite of the previous experience of having the facility run by a private contractor, there should have been a more determined effort to obtain some private contractor bids to operate the facility. Apparently, some of the other facilities are operating at capacity, so there is a need to get Summit View operating as soon as possible. However, the situation needs to be monitored very carefully. If these per-bed costs increase significantly over the biennium, I propose this budget account be revisited. What happens is we are told the costs are one amount, then once the facility opens we discover our estimates were unrealistic.
Assemblywoman Giunchigliani:
I echo Senator Raggio’s concerns. We have an opportunity here to fix a problem and ensure that incarcerated juvenile offenders are well taken care of. If the State does not use this opportunity to its advantage, then we need to revisit the problem in the next biennium.
THE MOTION CARRIED. (ASSEMBLYMAN HETTRICK VOTED NO.)
*****
HR, Caliente Youth Center – Budget Page DCFS-58 (Volume 2)
Budget Account 101-3179
Mr. Peri:
This is on page 33 of the closing document (Exhibit C). There are three closing issues in this budget.
Item 1 is the addition of 19 new FTE staff in response to the CRIPA investigation conducted by the USDOJ’s Civil Rights Division at the NYTC. This would consist of 14 Group Supervisor I positions, 4 Youth Training Center Counselors, and a Correctional Nurse II.
Item 2, decision unit E-400, is a new Assistant Superintendent position for the facility. This position was eliminated in 1976 during a hiring freeze. For comparison purposes, the NYTC at Elko currently has an Assistant Superintendent position.
Item 3 is Amendment No. 150 from the Budget Division and is similar to that for the Summit View facility. It is submitted in response to concerns of the subcommittee regarding mental health needs and training for staff. The amendment would add an additional Correctional Nurse, reclassify four Youth Training Center Counselors to Mental Health Counselors, and provide contract psychiatric services, medication costs, and training costs. The total General Fund support required for these changes and adjustments is $179,575 in FY 2004 and $196,165 in FY 2005.
There is one other technical adjustment in decision unit E-710. The budget office submitted Amendment No. 75 to eliminate $25,000 in General Fund appropriation in FY 2004 for the replacement of water heaters, which was a duplication. Staff recommends the $25,000 reduction be contingent upon approval of Capital Improvement Project No. M27A.
Assemblywoman Leslie:
What is the status of the USDOJ investigation? How close is the State to making a settlement or coming to an agreement with the USDOJ?
Edward E. Cotton, Administrator, Division of Child and Family Services, Department of Human Resources:
Representatives of the USDOJ met with the agency extensively a couple of weeks ago. We provided them with a response to the investigation, and they gave us a counter response. We are currently in the process of negotiating a compromise between the responses. One of the USDOJ’s requests was to ensure the agency has statewide procedures in place for governing major issues such as discipline and time-out. After the USDOJ receives and evaluates the compromise response, the agency will meet with the USDOJ to establish a monitoring plan and to write the agreements. One of the things slowing this process is that most of their issues involve more staff, and we cannot complete our response until we know if we will be getting more staff.
Assemblywoman Leslie:
Is it your impression that part of the final settlement will depend on the approval of additional staff at the two youth facilities?
Mr. Cotton:
Yes. Many of the issues the USDOJ raised with us during closing discussions were situations in which the presence of a second staff person present would have resolved the issue.
Assemblywoman Leslie:
Why are we reclassifying four Youth Training Center Counselors to Mental Health Counselors? If there is no difference in salary in the two positions, is this just a name change, or are there different qualifications? Will they be filled by different staff? What is the rationale behind the request?
Willie Smith, Deputy Administrator, Youth Correctional Services, Division of Child and Family Services, Department of Human Resources:
The Mental Health Counselor position requires a Master of Arts (MA) degree and different training. We felt Mental Health Counselors would be better able to provide the kind of services recommended by the committee.
Assemblywoman Leslie:
Will the positions be filled by the people currently in the Youth Training Center Counselor positions?
Ms. Smith:
Although one authorized position remains vacant, the Caliente Youth Center has no youth training center counselors. The positions requested would be for new personnel.
Assemblywoman Leslie:
Is the only difference in classification the holding of an MA degree? Must the degree be in a mental health area?
Ms. Smith:
The degree must be in psychology, counseling, or social work. The Mental Health Counselor also requires more years of experience than the Youth Training Center Counselor.
Assemblywoman Leslie:
We need to start the process of providing adequate mental health care for these young people. Is the training cost request included in all three youth center budgets? Report writing is important, but there are other issues that need to be prioritized in training. You gave some examples of training, but you did not specify any priorities.
Mr. Cotton:
The nonviolent intervention training is definitely the number one priority. We mentioned record-keeping documentation because the CRIPA investigation recommended all incidents be documented immediately, not 3 days later.
Assemblywoman Giunchigliani:
After we toured the Elko facility, I believe three more incidents occurred. It is time to review all training. Nonviolent intervention training is not inclusive enough, or not proper, or not working. A review needs to be made of how to de-escalate. Something is not working, and I am sure you are just as frustrated as we are.
Ms. Smith:
You are correct that we need to stress training more. However, there have been no further incidents since your visit. The incidents reported by the media occurred prior to your tour. There were two incidents after the USDOJ investigation that we reported in our March 2003 hearing, and there has been another incident some 2 or 3 days before you arrived.
Mr. Cotton:
The incidents that occurred after the USDOJ visit were unacceptable. Staff training has taken place to prevent future incidents.
Assemblywoman Giunchigliani:
I believe the agency needs to review what different types of training are available, not just within the juvenile system. It is a systemic problem, and we need to shift the focus of our juvenile facilities completely.
Senator Rawson:
I will accept a motion to close this budget account.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3179 AS RECOMMENDED BY STAFF AND WITH AUTHORITY FOR STAFF TO MAKE TECHNICAL ADJUSTMENTS.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
HR, Nevada Youth Training Center – Budget Page DCFS-63 (Volume 2)
Budget Account 101-3259
Mr. Peri:
This is page 40 in the closing document (Exhibit C) and is similar to the Caliente Center proposal.
Item 1 recommends the addition of 23 FTE positions to enhance the direct care to staff and student ratio, as requested in the recommendations of the USDOJ, after the CRIPA investigation at this facility. New staff would include 18 Group Supervisor I positions, 3 Youth Training Center Counselors, a Substance Abuse Counselor, and a Correctional Nurse II.
Item 2 is Amendment No. 151 from the budget office to address concerns raised by the subcommittee in earlier hearings regarding mental health needs of the youth in residence and staff training. It adds a Correctional Nurse, changes Youth Training Center Counselors to Mental Health Counselors, contracts for psychiatric services, and provides medication and training costs. The total General Fund support required is $214,313 in FY 2004 and $230,903 in FY 2005.
Assemblywoman Leslie:
When we visited Elko, the transportation van for the facility was discussed. In the 71st Session, two vans were approved for purchase as a one-shot appropriation. I believe the funds were reverted for budget cuts. Is that correct?
Ms. Smith:
Yes, that is correct.
Assemblywoman Leslie:
I would like the subcommittee to consider restoring the funds for the purchase of one van. A 15-passenger van would cost $22,639.
Ms. Smith:
The NYTC at Elko could use a new vehicle. The staff does a lot of transporting of youth to various locations for appointments. Occasionally, the staff has to transport offenders from Elko to Reno or Las Vegas for psychiatric appointments, because Elko did not have a psychiatrist establishing a practice soon enough to meet the needs of the youth at the facility. An additional vehicle would be helpful.
Senator Rawson:
If we add the funding to the budget, I suggest we do not specify the size of the van. I will accept a motion to close this budget account.
ASSEMBLYWOMAN GIBBONS MOVED TO CLOSE BUDGET ACCOUNT 101-3259 AS RECOMMENDED BY STAFF AND WITH THE ADDITION OF FUNDS TO PURCHASE ONE VAN.
ASSEMBLYWOMAN LESLIE SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
HR, Youth Parole Services – Budget Page DCFS-68 (Volume 2)
Budget Account 101-3263
Mr. Peri:
A revised budget has been given to the committee for this account (Exhibit E) to replace pages 46 through 49 in your closing document. The one closing issue is decision unit M-502 as recommended by the Governor. This would add psychiatric consultations and medications to address the needs of youth in residence. This has been amended by the Budget Division to remove psychiatric consultations and medications for youth at the NYTC and Caliente Youth Center from this budget. Separate amendments have been submitted to address those issues in the respective budget accounts. This budget now covers contract psychiatric consultations and medications for youth parole clients only, which reduces the Governor’s recommendation from $113,520 a year to $41,520 a year in each year of the biennium.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3263 AS RECOMMENDED BY STAFF.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
HR, Northern Nevada Child & Adolescent Services – Budget Page DCFS-72
(Volume 2) Budget Account 101-3281
Mr. Peri:
This is page 50 of the closing document (Exhibit C). There are no major closing issues. Under other closing items, item 1, decision unit M-501, adds a new Information Systems Specialist position for replacement of the billing and data collection system. The new system itself is included in the Information Technology Projects budget account, which was approved yesterday. This position would still be contingent upon final legislative approval of this budget. A new Management Analyst IV position was also recommended to serve as HIPAA privacy officer; as has been mentioned before, this has been removed from this budget.
Item 4, decision unit E-902, recommends the transfer out of the Home Activities Program for Parents and Youth (HAPPY) to the Special Children’s Clinic budget. Item 5, decision unit E-904, recommends the transfer out of the infant enhancement program to the Special Children’s Clinic budget. The Health Division budgets were closed with these programs approved for transfer in.
Senator Rawson:
I would like to suggest we close this budget with approval of the Information Systems Specialist position, since the joint subcommittee on General Government approved the position yesterday.
Assemblywoman Leslie:
I concur and move that we approve these closing items as outlined by staff.
I just want to put on the record that Les does a great job up there running it. I wish we could do more for him. He’s doing such a good job that it’s not rising to the critical list that some of these other mental health issues have this session, unfortunately for him. But I’m certainly going to pledge my support to work with him over the next 2 years, because I think there there’s more that we need to do in this area. We still have I don’t know how many kids on the waiting list up there.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3281 AS RECOMMENDED BY STAFF AND WITH APPROVAL OF AN INFORMATION SYSTEMS SPECIALIST POSITION.
ASSEMBLYWOMAN GIBBONS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
HR, Southern Nevada Child & Adolescent Services – Budget Page DCFS-79 (Volume 2) Budget Account 101-3646
Mr. Peri:
This is on page 53 of the closing document (Exhibit C). There are five closing issues for the subcommittee’s consideration.
Item 1 is decision unit E-200, closure of the 8-bed children’s acute care unit at Desert Willow Treatment Center (DWTC). This facility provides psychiatric care to the most severely emotionally disturbed youth. Closure will eliminate 12 FTE positions.
Item 2 is decision unit E-203, closure of the 12-bed specialized adolescent treatment program at the DWTC in FY 2005. This eliminates 13.51 FTE positions.
Item 3 is decision unit E-202, elimination of 20 vacant FTE positions for three of the seven On Campus Treatment homes. These facilities provide residential care for children with severe emotional disturbances. The division informs us that only four of these homes are currently open for occupancy.
Item 4 is decision unit E-201, closure of the Therapeutic Family Care Program. This eliminates 3 FTE positions.
Item 5 is decision unit E-475, General Fund support for staffing for the Neighborhood Care Center. Federal grant funding from the Substance Abuse and Mental Health Services Administration expires in August 2004, and this would continue funding for 10 FTE positions.
Other closing items start at the bottom of page 54 of the closing document. A new Management Analyst IV position was originally requested to act as HIPAA privacy officer; this request has been eliminated. There is also a request for a new Information Systems Specialist to support the information technology projects budget, which was approved yesterday by the general government subcommittee.
Decision unit M-200 recommends three new Mental Health Counselor II positions to handle projected caseload growth in Early Childhood Mental Health Services.
Decision unit E-325 recommends two new Mental Health Counselor II positions and a Public Service Intern I to reduce the projected waiting list for this program. The projected waiting list has since been revised upwards, and we recommend another 0.51 FTE Mental Health Counselor be added. The total General Fund impact is $11,320 in FY 2004 and $11,239 in FY 2005. Medicaid outpatient revenue would also increase by $15,190 in FY 2004 and $21,700 in FY 2005.
Decision unit M-201 is the addition of two new Developmental Specialist III positions and a Public Service Intern II to meet anticipated caseload growth in the First Step Early Childhood Services Program. Again, updated projections suggest the Public Service Intern II position will not be needed. The General Fund would be reduced by $34,309 in FY 2004 and $54,460 in FY 2005.
Decision unit E-326 recommended the same staffing pattern to reduce the projected waiting list for the First Step program. We recommend the Public Service Intern II position be eliminated. The General Fund will be reduced by $42,376 in FY 2004 and $55,855 in FY 2005. The total General Fund reduction for all three revisions, E-325, M-201, and E-326, would be $65,365 in FY 2004 and $99,076 in FY 2005.
Decision unit M-202 recommends a new Administrative Assistant III to provide clerical support to the Deputy Administrator. Decision unit E-605 is the elimination of two positions that have been vacant more than 6 months. Decision units E-900, E-906, and E-907 recommend transferring the First Step Program to the Health Division’s Special Children’s Clinic budget. This transfer was accepted by the subcommittee in the closing of the Special Children’s Clinic budget.
Senator Rawson:
We have concerns about closing issues items 1 and 2, the closure of the DWTC 8- and 12-bed units. It is a program that took the State about 10 years to build up, and the subcommittee is not sure it is a good idea to eliminate the program now. If the committee chooses to add the program back in, the cost would be about $650,000 per year.
Senator Mathews:
I am concerned about this closure as well. Senator Bob Coffin has made a compelling case for keeping the DWTC facility open.
Senator Rawson:
Senator Coffin feels very strongly about this issue and would have been here if he had not had a family emergency. I asked Senator Cegavske to visit the facilities, and the committee would like to hear her report.
Senator Cegavske:
I visited and reviewed the facilities and was very impressed with the first unit. The second unit has very old buildings and needs some help. Some of the children have been there for a frighteningly long time because there is no place for them to go and no one wants them. One 10-year-old boy has been there more than a year. I was very impressed with the staff.
Assemblywoman Leslie:
I share everyone’s concern about closing these units. I support the concept of moving young children out of an institutional setting. They are being held too long at DWTC, and perhaps not enough emphasis has been placed on developing suitable therapeutic foster homes where they would be better served. I understand the Department of Human Resources (DHR) is evaluating the programs to determine whether these facilities should be under the Division of Mental Health and Developmental Services instead of the Division of Child and Family Services. I am not satisfied with the way the programs have been run in the past, so I encourage the DHR to take the committee’s concerns to heart. Perhaps the DHR can report its findings and recommendations to the IFC. Regarding the fiscal question, we were told closing the facilities would save $650,000. If we close the facilities, we will still need to find services for these children. If we keep the facilities open, where will the $650,000 come from?
Jim Baumann, Administrative Services Officer IV, Division of Child and Family Services, Department of Human Resources:
This issue has been discussed with Mr. Willden. It is his belief, and ours as well, that several of the children currently being served by these treatment centers could be moved to residential treatment center programs. As you voted today, these programs will pass to Health Care Financing And Policy on the Medicaid side. The Medicaid budget includes increases for a number of slots. Mr. Willden has advised us that, since the slots are not currently earmarked for use, the Medicaid budget could absorb the costs.
Assemblywoman Leslie:
Does the subcommittee have to go back to the Medicaid budget to transfer some of the funds to this budget account?
Mr. Baumann:
The Medicaid budget is calculated using the Division of Health Care Financing and Policy’s Medicaid projection program. There were increases in Medicaid available slots based on increases in caseloads.
Assemblywoman Leslie:
Are you suggesting we hide these children in the Medicaid budget and have them absorbed there?
Mr. Baumann:
Yes.
Senator Rawson:
The $650,000 per year figure is an average. Staff would have to calculate the correct amount.
Mr. Cotton:
The agency does have aggressive programs in all three Nevada regions, northern, southern, and rural, to move children into the least restrictive setting possible for them and identify those who require institutional care. My plan has never been to move these kids from one residential setting to another.
Senator Rawson:
Are we doing any damage to the children if we keep the units open for another 2 years?
Mr. Cotton:
Absolutely not. Other than fiscal issues, these are good programs. They are very well run and do a very good job for the children. But the 8-bed unit has an average census of 4.4 children.
Senator Rawson:
We still have 2 years to look at phasing out this program. My suggestion is to wait and see where the children are really going.
Assemblywoman Giunchigliani:
I agree. They are good programs, though I think getting children out of institutions is the best plan. What programs does the State have in the community setting to serve young male sex offenders?
Mr. Cotton:
Currently there are no community-based programs for young male sex offenders. There are some specialized foster homes that will take them when they have reached a certain stage of treatment success.
Assemblywoman Giunchigliani:
How do the children currently in DWTC get to that point?
Mr. Cotton:
Part of it is the residential treatment they will be getting at Spring Mountain. They have 28 beds for juvenile sex offenders.
Ms. Smith:
That is Spring Mountain Treatment Center, not Spring Mountain Youth Camp.
Assemblywoman Giunchigliani:
Where is that located?
Mr. Cotton:
It is near Las Vegas.
Assemblywoman Giunchigliani:
What programs are available to them for placement after successful treatment?
Mr. Cotton:
There is a residential treatment program available to them for future placement.
Assemblywoman Giunchigliani:
Where is it located?
Mr. Cotton:
Spring Mountain is the facility.
Assemblywoman Giunchigliani:
Does Spring Mountain now house sexual offenders?
Mr. Cotton:
Yes, it does.Spring Mountain has a 28-bed facility for juvenile sex offenders.
Ms. Smith:
We are not referring to the Spring Mountain Youth Camp. We are talking about the Spring Mountain Treatment Center.
Mr. Cotton:
I apologize for the confusion.
Assemblywoman Giunchigliani:
Where is the facility located?
Christa Peterson, Ph.D., Deputy Administrator, Southern Region, Division of Child and Family Services, Department of Human Resources:
The Spring Mountain Treatment Center is in Las Vegas just west of Spring Mountain Road. It has a 28-bed facility for juvenile sex offenders, and it has been running at full capacity.
Assemblywoman Giunchigliani:
What is the daily cost for treatment at the Spring Mountain Treatment Center?
Ms. Peterson:
The daily rate is between $295 and $312 per day. The daily cost at the facility last year was $354 per day, but the rate will be lower this year because the facility is operating at capacity. We currently have 13 residents in the unit.
Assemblywoman Giunchigliani:
How many of the 28 beds are currently available?
Ms. Peterson:
The facility is full.
Assemblywoman Giunchigliani:
If the unit is full, where would the youth from DWTC be placed?
Ms. Peterson:
The only possibility would be to work with another contractor to develop additional beds.
Assemblywoman Giunchigliani:
Is the agency comfortable that facilities will be found for the young male sex offenders currently at DWTC if we close that facility?
Mr. Cotton:
At the time the agency prepared this budget, Spring Mountain Treatment Center was not full. This is the first time I have heard it was full. The facility usually has 20 or so occupants. At the same time, I do not believe we should write off a child who has been involved in a sex offense as never appropriate for community-based care.
Assemblywoman Giunchigliani:
I totally agree.
Mr. Cotton:
The agency is working hard at strengthening and better identifying the role of private agencies in treatment foster care to make them treatment homes. As a foster parent, I have had sex offenders in my home. We have been able to purchase wrap-around services at a much lower cost, even to the point of having a mentor in the classroom with the child, if needed. I am pushing staff in all three regions to be much more creative at moving children out of the institutions regardless of their psychiatric or sexual problems. All children must be considered on a case-by-case basis to determine how they can be best served.
Assemblywoman Giunchigliani:
I would agree. Your community-based models are still your best models. I want assurance the plan is not going to just dump these children in the community or lose pieces of the treatment process. Can this budget cover the wrap-around costs you suggested?
Mr. Cotton:
Yes. We are aggressively pursuing this step-down, wrap-around plan. Some of the children I have met in high-level, high-cost foster care should not be there.
Senator Cegavske:
I know the agency is trying to arrange community-based placements for these children. I was told in order to place a sex offender in a residential setting, it is necessary to find a foster care family without younger children in the home. Most families do not want to take a young sex offender, which is why the length of stay is so much longer. I know it is difficult to do, but I still would like to see the focus on moving the children as soon as possible.
Assemblywoman Leslie:
I agree with Senator Cegavske’s comments. Perhaps the agency could submit a quarterly report to the IFC on progress being made in obtaining non‑institutionalized placements for these children. I have one more question. In the revised waiting list, you need more money for the programs you are keeping. In the ones you are giving away, you are recommending reductions. I would like your assurance that these cuts are needed and we will not have the DHR in here next session complaining we gave them gutted programs. I am specifically referring to decision units M-201 and E-326, the First Step Program.
Ms. Peterson:
We keep a very careful eye on the waiting list and can account for the projected changes. One of the reasons for the requested decrease is that we added a part‑time position this year. That position will be transferred with the program.
Senator Rawson:
I will accept a motion to close this budget account.
Assemblywoman Leslie:
My motion includes a reinstatement of items 1 and 2, with the understanding that it will cost in the neighborhood of $650,000, as well as items 3, 4, and 5. We have not discussed item 5, but I support continuing the Neighborhood Care Centers. In the other closing items, I would move to accept all those recommendations.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑3646 WITH APPROVAL TO ELIMINATE THE 20 VACANT POSITIONS AT THREE ON-CAMPUS TREATMENT HOMES, TO CLOSE THE THERAPEUTIC FAMILY CARE PROGRAM, TO APPROVE FUNDING FOR THE NEIGHBORHOOD CARE CENTER STAFFING, TO REINSTATE THE 8-BED CHILDREN’S ACUTE CARE UNIT AT DWTC, AND TO REINSTATE THE 12-BED SPECIALIZED ADOLESCENT TREATMENT PROGRAM AT DWTC WITH THE UNDERSTANDING THE COST FIGURE OF $650,000 TO REINSTATE BOTH PROGRAMS IS ONLY AN ESTIMATE AND WITH APPROVAL FOR STAFF TO MAKE TECHNICAL ADJUSTMENTS.
SENATOR MATHEWS SECONDED THE MOTION.
Assemblywoman Giunchigliani:
On item 4, if the agency is moving to a step-down wrap-around program of community-based foster care for these children, why are we eliminating the funding for training and support for these foster care homes?
Ms. Peterson:
Therapeutic foster care services provided by DCFS are provided by contractors, and we are happy with the services supplied. Private contractors provide several hundred beds for children needing therapeutic foster care throughout the state. We are hoping to see improvements in their training so they can take children with more difficult needs. The agency is continuing those contracts through the 2003-2005 biennium. In the late 1980’s, the State did not have any private providers of therapeutic foster care in the state. At that time, the division put together a small program to train and support foster parents, and the funding for the program is in this budget account. The funds for paying the private foster care contractors is held in Youth Community Services, B/A 101‑3229. The agency developed the training program because there was a service gap in treatment at the time. There is no longer a need for the State to provide this training and support. We now rely on the private providers, who work closely with us. They expand the number of beds as needed. I believe this a prudent area to make a budget reduction.
Senator Mathews:
How do we get an evaluation of how effectively the private foster care provider program is working? Do you have a mechanism in place?
Mr. Cotton:
Yes. I am also meeting in the near future with the private contract providers. The agency is going to institute a performance-based contract plan.
Senator Mathews:
The program sounds very good, but is it working?
Mr. Cotton:
It is working now, but I would like to have a closer tie to performance.
Senator Mathews:
Will you provide a report on this plan?
Mr. Cotton:
Yes.
Assemblyman Hettrick:
I support this budget funding, but I cannot support the reinstatement of the units at the DWTC. If we have private contractors willing to take these children, I do not know why we are going back to the old model of state-run facilities.
THE MOTION CARRIED. (ASSEMBLYMAN HETTRICK VOTED NO.)
*****
HR, Public Defender – Budget Page DEFENDER-1 (Volume 2)
Budget Account 101-1499
Mark W. Stevens, Assembly Fiscal Analyst, Fiscal Analysis Division, Legislative Counsel Bureau:
This is on page 61 of the closing document (Exhibit C). The only closing issue relates to the cost of rent in Winnemucca. Amendment No. 01 from the budget office adds $5443 in each year of the 2003-2005 biennium for office space that is currently provided free of charge in the Humboldt County Courthouse basement in Winnemucca. This is a rental of 90 cents per square foot. The space has a toxic mold problem, and the county has agreed to fix the problem if the public defender’s office pays the above charge. The public defender’s office would like to stay in this space because of the convenience.
There are two other closing items. Decision units E-710 and E-720 are requests to upgrade motor pool equipment and computer equipment for these offices. Computer hardware and software costs have been reduced by $712 in FY 2003-2004 based on revised pricing from state purchasing.
ASSEMBLYWOMAN LESLIE MOVED TO CLOSE BUDGET ACCOUNT 101‑1499 WITH APPROVAL OF OFFICE RENT AND WITH TECHNICAL ADJUSTMENTS AS RECOMMENDED BY STAFF.
ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE VOTE.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
*****
Senator Rawson:
There being no further business, the meeting is adjourned at 9:49 a.m.
RESPECTFULLY SUBMITTED:
Lynn Hendricks,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE:
Assemblywoman Sheila Leslie, Chairman
DATE: