MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-second Session
May 9, 2003
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 12:52 p.m., on Friday, May 9, 2003, in Room 2135 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 Raymond D. Rawson, Chairman
Senator Barbara K. Cegavske, Vice Chairman
Senator Maurice E. Washington
Senator Dennis Nolan
Senator Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Joseph Neal (Excused)
GUEST LEGISLATORS PRESENT:
Assemblyman Joseph (Joe) Hardy, Assembly District 20
Assemblywoman Sheila Leslie, Assembly District No. 27
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Patricia Vardakis, Committee Secretary
OTHERS PRESENT:
Jack Porrino, Superintendent, Advisory Committee for a Veterans’ Cemetery in Southern Nevada, Office of Veterans’ Services
Wesley Block, Superintendent, Advisory Committee for a Veterans’ Cemetery in Northern Nevada, Office of Veterans’ Services
Helen Hendrix, Management Analysis, Office of Executive Director for Veterans’ Services, Office of Veterans’ Services
Ronald Kruse, Chairman, Nevada Veterans’ Services Commission
Ron Gutzman
Michelle Lucier, Social Worker Supervisor, Washoe County Department of Social Services
Edward E. Cotton, Administrator, Division of Child and Family Services, Department of Human Resources
Michael J. Capello, Lobbyist, Washoe County
Susan Klein-Rothschild, Director, Division of Family Services, Clark County
Chairman Rawson:
I will open the hearing on Assembly Bill (A.B.) 304 and A.B. 405. Both bills are similar in subject matter.
ASSEMBLY BILL 304 (1st Reprint): Makes various changes to provisions governing veterans’ cemeteries. (BDR 37-652)
ASSEMBLY BILL 405 (1st Reprint): Revises provisions relating to veterans’ cemeteries. (BDR 37-1184)
Jack Porrino, Superintendent, Advisory Committee for a Veterans’ Cemetery in Southern Nevada, Office of Veterans’ Services:
I will be reading from prepared testimony and referring to information provided in a handout (Exhibit C).
Chairman Rawson:
Over the last 10 years you have averaged 1400 burials. They have increased over that period of time.
Mr. Porrino:
The burials have increased every year. In order to accomplish our goals we have had to be creative. Page 6 (Exhibit C) outlines our projects and numbers 1 through 3 were projects funded without State dollars. We did receive $200,000 from the State for the chapel building project. We need to keep in mind the services that have been performed by our veterans and when the time comes, the veterans would have a dignified and honorable burial.
Assemblyman Joseph (Joe) Hardy, Assembly District 20:
I have been a volunteer at the Veterans’ Cemetery in Boulder City. I have served on the City Council of Boulder City. I have tried to foster a relationship between Boulder City and the State Veterans’ Cemetery. Friends have died and have been buried in the cemetery. Volunteerism has allowed us to have such a facility. There is a time when a person must make arrangements for when they die to adequately use the Veterans’ cemetery. I have appreciated the cemetery as a place of dignity, honor, and peace. For the record, “I would like to thank Jack Porrino for his unfaltering dedication to not only the veterans, but the families, and extended families and friends.” I became aware of the manning problem of the cemetery and asked what I could do to help. I submitted this bill and am honored to stand with the other supporters of veterans’ cemeteries.
Assemblyman Mark A. Manendo submitted A.B. 304. The difference between the two bills is A.B. 405 requests an increase in staffing.
Chairman Rawson:
Normally we would not process two bills so close in content because it would be redundant.
Wesley Block, Superintendent, Advisory Committee for a Veterans’ Cemetery in Northern Nevada, Office of Veterans’ Services:
During the past 10 years it has been a monumental task maintaining and operating the veterans’ cemetery in a manner that serves our commitment to our veterans. The cemetery has steadily expanded since its opening, but the workforce has remained the same. Volunteers from various veterans’ organizations have helped us. The tasks at the cemetery are strenuous, technical in nature, and performed under adverse weather conditions, which reduces the number of volunteers. We have received help from the Division of Forestry utilizing inmate crews when available. These contributing factors are just not enough to fill the void of being seriously understaffed.
The cemetery grounds and maintenance are behind schedule and the preventative maintenance schedule on equipment cannot be met. This will lead to premature replacement of equipment. Light repairs on equipment result in extended downtime causing additional setbacks.
The cemeteries are in the process of expansion to provide burial services to veterans’ families. This will add to the problem of being understaffed. Both cemeteries should have the means to provide the highest standard of service possible to our veterans and be maintained with the same high standard reflecting a place of honor and beauty. I respectfully ask for your support in passing A.B. 405, which would make funds available for use to provide for the additional personnel needed for proper operation and maintenance of our veterans’ cemeteries.
Senator Wiener:
Did you go through the State for the donations of labor and materials?
Mr. Porrino:
Some organizations choose to purchase the materials needed. The members of Godspeed established a nonprofit organization. When the project was completed, we put the money back into the State.
Senator Wiener:
If someone wanted to make a donation, would they be required to go through the State?
Mr. Porrino:
Donations come through the cemetery and are deposited in a bank account. There can be a location designation to the donation because the cemeteries are separated.
Chairman Rawson:
During the last year I have had occasion to visit the Southern Nevada Veterans’ Memorial Cemetery, but have not visited the Northern Nevada Veterans’ Memorial Cemetery in some time. I will make an effort to visit the Northern Nevada Veterans’ Memorial Cemetery to see what progress has been made.
Helen Hendrix, Management Analysis, Office of Executive Director for Veterans’ Services, Office of Veterans’ Services:
I am representing Charles W. (Chuck) Fulkerson, Executive Director for Veterans’ Services. He has provided written testimony (Exhibit D) for the committee. I can answer questions concerning the gift account or our general fund account if needed.
Ronald Kruse, Chairman, Nevada Veterans’ Services Commission:
I reiterate previous testimonies. Within the next year, $4.5 million of grant funds will be spent on two veterans’ cemetery upgrades. The secretary from the federal level commented that we would have the best State cemeteries in the nation.
Ron Gutzman:
I represent the American Legion, the United States Marine Corp League, and the Disabled Veterans. We support this bill. The veterans from these organizations have volunteered their services at the cemeteries. They have witnessed improvements being made “on a shoestring.”
SENATOR CEGAVSKE MOVED TO DO PASS A.B. 405.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
*****
Chairman Rawson:
I will open the hearing on A.B. 381.
ASSEMBLY BILL 381: Revises provisions governing purpose, membership and procedure of multidisciplinary team to review death of child. (BDR 38‑208)
Assemblywoman Sheila Leslie, Assembly District No. 27:
Child death review teams exist in various forms in all 50 states. Child death review teams are charged with determining the cause of death of the child. The teams use these causes of death to advise and create policy that could lead to prevention of future child deaths. Prevention measures recommended by child death review teams often include public awareness campaigns. These campaigns have concerned child drowning, seat belt and proper restraints, sudden infant death syndrome, shaken-baby syndrome, youth suicide, child abuse prevention, and the need for smoke detectors in homes.
Child death review teams have the ability to gather, examine, and synthesize detailed information about the cause of death. Their information is very useful in creating programs to prevent future deaths. Their studies lead to the development of distinct databases that track quantitative and qualitative information regarding child fatalities. This data is especially important in rural areas where small numbers complicate the interpretation of statistics on child deaths. The information the teams gather leads to greater understanding of the circumstances that lead to child death, whether intentional or accidental. The teams are particularly valuable because they create collaboration and communication between the various agencies to create effective policy.
In Nevada, we lead the nation in statistics of which we are not particularly proud. According to the “National Center on Child Fatality Review,” Nevada leads the nation in infant homicide data, followed by the District of Colombia, Missouri, Arkansas, and Oklahoma. This is still a problem in our State. Assembly Bill 381 is intended to strengthen our State’s child death review teams’ law found in chapter 432B of the Nevada Revised Statutes (NRS). The bill would more clearly outline the rules and responsibilities for members of the teams and create a mechanism for better review of their reports and actions to prevent child deaths.
Under the bill, child death review teams would consist of a member of the law enforcement agency that is associated with the death in question, a representative of the local district attorney’s office, the child’s school, a child welfare agency, and the coroner’s office. Teams could have members from other agencies who were associated with the deceased child. Teams would have access to all records that are important to the case, including medical, school, criminal, and those from a welfare agency.
The bill creates a Statewide executive committee to review the death of children. The executive committee would adopt Statewide standards of practice and oversee Statewide training of team members. The committee would be charged with creating a Statewide annual report, which should include statistics and recommendations for regulatory and policy changes. In the development of this bill, I worked closely with the existing child death review teams in our State and the Division of Child and Family Services. The bill has been through two committees in the Assembly with no opposition or changes. The bill creates a fund, the review of death of children account in section 9. It requests a $1 increase in fee, which has subsequently been increased, to fund a public awareness campaign or other creative solutions to this problem in our State. This would lead to identifying a cause and more prevention of child deaths.
Senator Cegavske:
If a newborn lives 10 or 12 hours, would that incite an investigation to determine the cause of death?
Michelle Lucier, Social Worker Supervisor, Washoe County Department of Social Services:
If a child lives for 1 minute, there would be a review.
Senator Cegavske:
Would there be an investigation if the baby were stillborn?
Ms. Lucier:
There would be no investigation. There are a number of interim fetal demises. There are far too many for the teams to review.
Senator Cegavske:
Would you investigate if there were suspicious circumstances?
Ms. Lucier:
Yes.
Senator Cegavske:
Is there no immediate need for funding?
Edward E. Cotton, Administrator, Division of Child and Family Services, Department of Human Resources:
We did a fiscal note on this bill, which is substantially less than, the amount of money that would be raised. We want to contract with a part-time person to coordinate these teams. This person would pull the data together, receive the death certificates, get information for the teams, give immediate feedback when these teams gave recommendations, and help with the annual report. There would be staff time, training time for the team, and a need for travel money because they are volunteers.
Senator Cegavske:
Where would they go?
Mr. Cotton:
The administrative oversight team would travel because it would involve people from various parts of the State.
Senator Cegavske:
Within the State of Nevada?
Mr. Cotton:
Yes. Also, there is an out of state annual national conference to which we send one person at the cost of $1944.
Senator Cegavske:
What message would you be delivering to the public?
Michael J. Capello, Lobbyist, Washoe County:
By raising public awareness we can prevent future child deaths. For example, we might work with the media to do a campaign about the danger of leaving children in cars in southern Nevada during summer months. In northern Nevada if there would be a circumstance of shaken-baby syndrome, we would focus on that issue. The hope is to have sufficient funds to do targeted public awareness campaigns as one aspect of preventing child deaths.
Senator Cegavske:
Would the topics chosen be reactionary to current events?
Mr. Capello:
The death review team would identify a pattern or a concern in a given community and respond to those events. This could evolve into a continuous activity.
Senator Cegavske:
Would it evolve to overall safety?
Mr. Capello:
Yes.
Chairman Rawson:
What does chapter 432B in section 6 refer to?
Mr. Capello:
Currently, the statute does not require membership, it recommends membership of physicians. In Washoe County the forensic pathologist is a part of our team. We have had pediatricians, representatives of the health department, school districts, and the district attorney’s office. This would encourage us to invite those members of our community.
Chairman Rawson:
Would law enforcement, public health, and others be included?
Mr. Capello:
Yes. This particular section involves setting up an executive committee. This would consist of the chairpersons of the local teams that were appointed pursuant to chapter 432B of NRS.
Senator Washington:
Would there be an occasion to use a family therapist or someone from a religious affiliation?
Mr. Capello:
They would include anyone who has been involved with the family. This brings people to the table to talk in an open manner about the issues surrounding the situation. Anyone having information about the family and the child’s death would be helpful and their input would be solicited. There are many safeguards in the bill.
Senator Washington:
What do you mean by safeguards?
Mr. Capello:
The language in section 4, page 3, lines 3 through 7, refers to information acquired through a multidisciplinary team, the records would not be disclosed and not subject to subpoena, discovery, or introduction because the people who come to these meetings would already have that information. What the child death review teams try to do is set an open discussion.
Senator Washington:
Could family therapists and clergy be a part of the multidisciplinary team referred to in section 3?
Mr. Capello:
Yes. The coordinator would be contacting the child protection manager in the area where the death occurred and gather information about who needs to be at the table.
Senator Nolan:
I wish to disclose that I am a part-time investigator with the Clark County Coroner’s Office. Some of the cases I would have investigated would be reviewed but should not impact me in a negative way. I will be supporting the bill.
Chairman Rawson:
I am a Deputy Coroner at the Clark County Coroner’s Office. I believe there is no conflict.
Susan Klein-Rothschild, Director, Division of Family Services, Clark County:
When any child dies, it is a tragedy. It is even more of a tragedy if we do not learn from it. This death review process will allow us to learn about each child and what we need to do to protect children. We are in favor of A.B. 381.
SENATOR CEGAVSKE MOVED TO DO PASS A.B. 381.
SENATOR MATHEWS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
*****
Chairman Rawson:
There being no further business at this time, I will adjourn this meeting at 1:41 p.m.
RESPECTFULLY SUBMITTED:
Patricia Vardakis,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: