Public Policy Center

 DHS Action to Implement Supreme Court Decision Case No. 09-0716

On August 5^th, The Supreme Court denied the Department’s petition for a rehearing on the Court’s decision on the Jane Doe case No 09-0716. The Court amended the original decision as follows:

• Page 3. A footnote was added which states “DHS did not contend Does’ challenge to her placement on the registry was untimely. “
• Page 13 added a paragraph under IV. Disposition:

“We conclude DHS should not have placed her on the child abuse registry because Iowa Code section 232. 71D does not permit DHS to place on the registry a person found to have committed child abuse by failing to provide for the proper supervision of a child, as defined in rule 441-175.21, solely for that reason. DHS and the district court erred in holding otherwise.”

Paget 13 a footnote is added which states: “Our decision today does not preclude the placement of a person who has failed to provide for the proper supervision of a child on the central child abuse registry, if the requirements of another subsection of Iowa Code section 232.71D(3) have been met.”

As a result of this decision:

• The Court's holding is applicable to cases currently on appeal and those in which the statutory time for appeal has not run. 
• Cases currently under appeal will be reviewed at the time of the hearing to determine whether the case meets the criteria set forth in Section 232.71.D. These criteria include:
  • The acts or omissions of the alleged perpetrator resulted in criminal charges or a delinquency or a child in need of assistance petition was filed.
  • A previous child abuse by the same alleged perpetrator has been confirmed or founded within 18 months before the current finding.
  • The Department determines that the alleged perpetrator will continue to pose a danger to the child subject or another child with whom the alleged perpetrator may come into contact. When these criteria are not met, the Department will offer to make a confirmed finding but not place the name on the Registry. This action may still be appealed.
• When 232.71D conditions are met in the case, the Department will continue with the appeal process.
• Because employability of an individual is impacted by being on the Child Abuse Registry, the Department has reviewed its Registry Review process to assure that persons with Denial of Critical Care-- Failure to provide proper supervision to will not be inappropriately denied employment.   This will be accomplished by reviewing all such cases for the nature and seriousness, the time elapsed, circumstances under which it occurred, the degree of rehabilitation and the likelihood that it will occur again. This determination may be appealed.    
• The Department’s process of accepting and assessing allegations of denial of critical care due to failure of proper supervision will be adjusted when determining the outcome of an assessment.

Guidance to DHS Assessment Staff will be that a determination of Denial of Critical Care by failure to provide proper supervision shall be founded and the report shall be placed on the Child Abuse Registry when any of the three following criteria are met:

¨       The acts or omissions of the alleged perpetrator resulted in criminal charges or a delinquency or a child in need of assistance petition was filed.

¨       A previous child abuse by the same alleged perpetrator has been confirmed or founded with within 18 months before the current finding.

¨       The Department determines that the alleged perpetrator will continue to pose a danger to the child subject or another child with whom the alleged perpetrator may come into contact.

When the sole finding of abuse is due to Denial of Critical Care due to failure to provide proper supervision, the individual’s name will not be placed on the Registry unless the requirements of another subsection of Iowa Code 232.71D have been met.  

• The Department will continue to provide services to children and families as it does today.
• The Department will propose legislation amending Iowa Code to address the issue of alignment between Section 232.68 and Section 232.71 D.

The Coalition Testifies at Human Services Budget Hearing

Kristie Oliver, Executive Director of the Coalition for Family and Children’s Services in Iowa (Coalition) testified on behalf of Iowa's children and families and the organizations that serve them at the Department of Human Services SFY 2012 budget hearing. Referring to issues impacting Iowa’s Child Welfare System, the Coalition cautioned the Council on Human Services members of the risk of not supporting decisions that support the child’s safety, permanency and well-being.  The Coalition asked for the Council to encourage and provide rates to Child and Family Service providers that meet the federal guidelines. 

In addition, the Coalition asked that funding must reflect not just striving to meet the CFSR outcomes, but instead to exceed those outcomes for the best interest of children and families. 

Click here for a copy of the Litigation PowerPoint acknowledged in the testimony

7-21-2010 - Testimony to the Council on Human Services

 Good morning.  Thank you for inviting me to discuss the Child and Family Services Budget.   

My name is Kristie Oliver.  I am the Executive Director of the Coalition for Family and Children’s Services in Iowa (The Coalition).  The Coalition’s alliance of agencies provide most of the direct treatment child welfare services to abused and troubled children in Iowa.  For 31 years, the Coalition has supported efforts to build better futures for vulnerable children in Iowa.  Central to this is the belief that public systems should promote programs and polices that sustain lifelong family connections for children and youth. 

Our Mission:  To influence and shape policy and practice for the betterment of Iowa children and families and the organizations that serve them.

Our Vision:  We envision a true public/private partnership providing Iowa’s at-risk children and their families an array of fully funded, quality, outcome-based services.

I would like to speak briefly about….

Issues Impacting Iowa’s Child Welfare System

Federal Standards:  In response to the 1997 Adoption and Safe Families Act, the federal government created the Child and Family Services Review (CFSR) to help it evaluate child welfare in all 50 states.  CFSR set high standards for the State child welfare systems in terms of safety, permanency and well-being outcomes.  The first review was conducted in 2003 and Iowa, along with every other state, did not pass.  Iowa is scheduled for the second review in August of 2010.

Iowa’s Better Results for Kids – Child Welfare Redesign:  In 2003, as a result of the CFSR, Iowa set to redesign the child welfare system emphasizing improved safety, permanency and well-being for children and family services in the child welfare system.  This redesign implemented best practices such as family team meetings, community partnerships, and the use of performance-based contracting.  

 Accountable Government Act:  This act mandates competitive procurement and the assessment of performance under the terms of a contract and payment upon achievement of the performance.   Currently, the Department of Human Services is looking at issuing request for proposals (RFP) for several key services provided to vulnerable youth and families. 

Medicaid:  The Medicaid program accounts for a growing number of services provided to children under the remedial services program , the children’s mental health waiver, and the Psychiatric Mental Institutions for Children (PMIC) programs.  Lawsuits in Other States:  Federal Courts have ruled that at least 3 states have made payments to providers which violated the Child Welfare Act. The courts have made it clear that a methodology driven by budgetary concerns is not authorized by federal law. 

 Enclosed in your packet is a PowerPoint Presentation summarizing the Court cases. 

Last year, The Department of Human Services, presented Offer #401 – HHS-007:  Child Welfare/ Juvenile Justice Community Services.   The results presented were the following: 

When asked why DHS was not presenting a budget with the results to pass the next CFSR benchmarks, DHS noted the great successes that have been achieved since the 2003 review and noted the tough economic challenges and times. 

We all acknowledge that when the child welfare redesign began in 2003, no one envisioned the current economic challenges that families and the State of Iowa would have to face in the past two years.  We also acknowledge the successes of the changes in performance and practice that have been made since Round 1 of the CFSR.  These changes, in partnership with providers, have improved outcomes for children and families.   We have improved and made a lot of progress, and this progress should not be overlooked.  However we are not where we need to be. 

A member of the Iowa Council on Human Services summarized the results/outcomes presented in the SFY 2011 budget offer as the following:  “It appears we are standing on railroad tracks and a train is coming, but we are staying there saying ‘go head and hit me’.” 

During tough economic times, families (especially low-income families) are under tremendous stress resulting in more reports made to the State out of concern for a child’s safety.  On March 3, 2010, DHS reported that DHS social work investigators conducted 25,814 assessments for child abuse or neglect in calendar 2009, up 11 percent from the year before. 

What is needed at this time is support and services to get family members through a crisis. Intervention services such as family, safety, risk and permanency (FSRP), emergency shelter services, family team meetings, mental health services, substance abuse treatment, and safe housing are needed. Without these services in place, foster care numbers and recurrence rates are likely to increase.

Most child welfare providers raise a considerable amount of private funds to help support and pay for the cost of providing care to Iowa’s at risk children. During this economic downturn, it is imperative that Iowa fund programs which serve our youngest, and most vulnerable, citizens. Funding levels must reflect a priority of providing the best services for Iowa’s children and families.  Funding must also reflect not just striving to meet the CFSR outcomes, but instead to exceed those outcomes for the best interest of children and families. 

Iowa is far ahead of where we were in 2003, but when do we say we have made it?  We must all recognize that child abuse and neglect are not DHS problems in isolation.  Families must have support within their community to raise their children in a safe environment.  When this is not possible – when children’s lives are threatened – the child and family services network (including remedial services, children’s mental health waiver and PMIC services) provides children a safe place to live and to thrive while public and private agencies work with the child’s family for a permanency resolution. 

There are no easy answers; however, the decisions you make about the Child and Family Services and Medicaid budgets must be carefully assessed so that these decisions support the child’s safety, permanency and well-being and encourage rates that meet federal guidelines.    

Thank you.