Session of 1999
         
HOUSE BILL No. 2571
         
By Committee on Appropriations
         
3-29
         

  9             AN  ACT enacting the Kansas child welfare reform act; prescribing cer-
10             tain duties and responsibilities for the secretary of social and rehabil-
11             itation services and the department of social and rehabilitation serv-
12             ices; providing for certain studies and reports; establishing the joint
13             legislative committee for foster care--adoption advocates and the di-
14             vision of foster care--adoption advocates with the legislative branch of
15             state government; prescribing certain functions and duties therefor.
16      
17       Be it enacted by the Legislature of the State of Kansas:
18             Section  1. This act shall be known and cited as the Kansas child
19       welfare reform act.
20             Sec.  2. The purposes and goals of the child welfare system admin-
21       istered by the secretary of social and rehabilitation services are to achieve,
22       for each child who may be or who is placed in the custody of the secretary
23       of social and rehabilitation services, permanency in a safe and stable en-
24       vironment with quality programs.
25             Sec.  3. The secretary of social and rehabilitation services shall in-
26       tegrate the provision of family preservation services under the child wel-
27       fare system with the provision of foster care services so that such services
28       are an integral part of the foster care services component of the system.
29       The secretary shall adopt and work to achieve the goal of intervening in
30       all appropriate cases with intensive, in-home family preservation services
31       to reduce the risks that children will be removed from their homes.
32             Sec.  4. From the time that a child is placed in the custody of the
33       secretary of social and rehabilitation services, the secretary of social and
34       rehabilitation services is responsible for all aspects of the child's life and
35       to achieve permanency for the child in a safe and stable environment with
36       quality programs as prescribed by this act and by other statutes. The
37       secretary of social and rehabilitation services may provide by contract for
38       services to be provided for children placed in the custody of the secretary,
39       but the responsibility remains with the secretary of social and rehabili-
40       tation services to provide family preservation, foster care, adoption and
41       other necessary services for each child placed in the custody of the sec-
42       retary and to ensure that all provisions of state or federal statutes, rules
43       and regulations, and policies and procedures of the department of social

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  1       and rehabilitation services are complied with and adhered to with respect
  2       to the health, safety and welfare of such child.
  3             Sec.  5. The responsibilities and duties of the secretary of social and
  4       rehabilitation services and the department of social and rehabilitation
  5       services for each child placed in the custody of the secretary of social and
  6       rehabilitation services, or otherwise receiving care and services from the
  7       department of social and rehabilitation services, specifically include, but
  8       are not limited to, the duties and responsibilities prescribed by this act.
  9       With respect to each such child, the secretary of social and rehabilitation
10       services shall:
11             (a) Ensure that all officers and employees of the department of social
12       and rehabilitation services provide complete and accurate information
13       about each child to law enforcement officers, judges, attorneys and others,
14       upon proper request, in all appropriate forums and circumstances, in-
15       cluding the decision to remove a child from the child's home, throughout
16       the period of continuing state responsibility for the child;
17             (b) ensure that all children removed from their homes and placed in
18       the custody of the secretary of social and rehabilitation services are
19       housed in the least restrictive, most home-like setting consistent with each
20       child's needs and shall make every effort to ensure that each child placed
21       in the custody of the secretary is not relocated from one housing location
22       to another more frequently than is absolutely necessary and then only if
23       the relocation is required for the health, safety and welfare of the child;
24             (c) ensure that responsible personnel of the department of social and
25       rehabilitation services have and maintain current knowledge of and in-
26       formation about the exact placement of each child in the custody of the
27       secretary;
28             (d) ensure that all necessary and appropriate parties are invited and
29       encouraged to be in attendance at all periodic administrative hearings or
30       conferences about the child and to participate in all decisions regarding
31       the child and the child's family, including the social worker employed by
32       the department of social and rehabilitation services assigned to the child,
33       staff of any contractor providing services for the child, the natural parents
34       or guardians of the child, the foster parents of the child and the guardian
35       ad litem of the child;
36             (e) require a collaborative service model for the provision of care
37       and services to each child in the custody of the secretary so that thereby
38       the secretary can (1) bring together all the stakeholders in providing serv-
39       ices for the child including school teachers or other personnel, foster and
40       natural parents, behavioral health providers and physicians when appro-
41       priate, social workers and others, (2) ensure that appropriate services are
42       recommended for children and their families, (3) ascertain whether chil-
43       dren and their families are receiving the recommended services, and, (4)

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  1       if services are not being provided, ensure that the reasons for services
  2       not being provided are clearly documented and reviewed by appropriate
  3       supervisory personnel of the department of social and rehabilitation
  4       services;
  5             (f) require, under the collaborative service model for the provision
  6       of services, that each collaborative team meet regularly to review the
  7       service plan for each child and, in each case involving service providers,
  8       to regularly update a comprehensive service plan to coordinate and assure
  9       the provision of services by the contracting service provider and any sub-
10       contracting service providers thereunder;
11             (g) assess the housing needs of foster children on a periodic basis,
12       determine the availability of housing placement opportunities and facili-
13       ties and ensure that there are a sufficient number of needed housing
14       placement providers throughout the state;
15             (h) assess the service needs of children and their families on a pe-
16       riodic basis, assess the availability of needed services and ensure that
17       needed services are available on a statewide basis;
18             (i) ensure that the child and the child's family are making functional
19       improvement in such areas as socialization, educational attendance and
20       achievement and lack of involvement in the juvenile justice system and,
21       for each child with behavior disorders, ensure that improvements are also
22       demonstrated in relation to the ability to remain in the community, re-
23       duction in symptomatology and achievement of developmental mile-
24       stones, among others that are specifically appropriate for the circum-
25       stances and characteristics of the child and the child's family;
26             (j) develop a portfolio for each child receiving foster care or adoption
27       services to provide a readily available documentary record containing a
28       comprehensive health, social, educational and developmental record of
29       the child which shall include, but is not limited to, each of the following:
30             (1) Complete health history, including immunization and dental
31       records;
32             (2) mental health history;
33             (3) early periodic, screening, diagnostic and treatment report;
34             (4) results of psychological and educational testing;
35             (5) development scales results;
36             (6) educational placement and achievement level;
37             (7) availability of health insurance or other health care coverage or
38       resources;
39             (8) involvement with law enforcement;
40             (9) records of substance abuse;
41             (10) employment information for each of the parents; and
42             (11) income resources available to provide support for the child;
43             (k) maintain a centralized record system for all children in the child

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  1       welfare system that includes statewide tracking of the placement of chil-
  2       dren in the custody of the secretary, the services recommended and re-
  3       ceived by the child and the child's family, the record of the child's func-
  4       tional outcomes progress, the encounter data for services provided to
  5       children for reimbursement purposes, and a system that will call imme-
  6       diate attention to supervising personnel of the department of social and
  7       rehabilitation services when a contractor, or any subcontractor, is not
  8       providing services for a child or is not supplying encounter data for a child
  9       receiving services from the contractor or subcontractor;
10             (l) develop and implement, in conjunction with other appropriate
11       public agencies, a comprehensive system for the detection, investigation
12       and prosecution of state employees or employees of contractors or sub-
13       contractors who falsify any records of or regarding any child or the care
14       or other services provided under the child welfare system for any child
15       or the child's family;
16             (m) develop and incorporate into all service provider contracts ap-
17       propriate and reasonable process and programmatic outcomes which are
18       applicable to contractors with whom the secretary of social and rehabili-
19       tation services has placed children, which are focused on the child's func-
20       tioning including, among other areas of functional improvement, im-
21       provements in the child's socialization, educational attendance and
22       achievement, lack of involvement in the juvenile justice system and, for
23       each child with behavior disorders, improvements in the ability to remain
24       in the community, reduction in symptomatology and achievement of de-
25       velopmental milestones, and which are not simply outcomes prescribing
26       records that track the number of placements and length of placements
27       for each child;
28             (n) assess the achievement of children's, families' and contractors'
29       outcomes on a periodic basis and report the results of those outcomes
30       assessments to appropriate legislative committees, the governor, the ju-
31       diciary, members of the press, families and the residents of Kansas;
32             (o)  conduct contract negotiations with current and potential service
33       providers for the child welfare system to include reasonable and antici-
34       pated costs, the number and types of children projected to be in the
35       system, the number and types of placements that such children will need,
36       the number and types of services such children will need, the expected
37       and acceptable caseloads of the social workers employed by contractors,
38       and other reasonably anticipated costs and other factors that must be
39       considered and provided for to achieve the purposes and goals of the
40       system;
41             (p)  enter into contracts with service providers which include financial
42       incentives and disincentives that are based on the contractor's perform-
43       ance and the functionally-based performance of the children served by

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  1       the contractor, that are outcomes and performance based, and that are
  2       designed to attain and have the primary goal of returning each child to
  3       the child's natural home and parents, if a safe and nurturing environment
  4       is provided in such home, and the secondary goal of meeting federal
  5       requirements for adoption for the child, if this is the best option for the
  6       child;
  7             (q) require each contractor providing foster care services to have a
  8       subcontract with the local licensed community mental health centers
  9       within the geographic areas served by the contractor to provide pre-hos-
10       pitalization screening and admittance to state mental health facilities;
11             (r) prepare and publish in the Kansas register a report of an evalu-
12       ation of each contractor's adherence to the contractual requirements and
13       to all applicable state or federal laws, rules and regulations and depart-
14       mental policies and procedures and the functional performance the con-
15       tractor achieved under the contract with the department of social and
16       rehabilitation services;
17             (s) organize and administer the provision of all mental health serv-
18       ices, including substance abuse services, for children under the child wel-
19       fare system, so that such services, like physical health services, are pro-
20       vided by qualified medicaid providers under the same procedures
21       through the use of the child's medical card, with utilization review in
22       accordance with the state medicaid plan, and such services are not pro-
23       vided through family preservation, foster care or adoption service pro-
24       vider contracts;
25             (t) identify and provide appropriate training to officers and employ-
26       ees of the department of social and rehabilitation services to ensure that
27       the child welfare system is operated in a manner that is consistent with
28       applicable state and federal laws, rules and regulations and departmental
29       policies and procedures;
30             (u) communicate and work with the families, foster parents, service
31       providers, subcontractors, social workers, judges, school personnel, law
32       enforcement officers, district attorneys, guardians ad litem, officers and
33       employees of the juvenile justice authority and other stakeholders in the
34       child welfare system as needed to identify (1) the strengths and weak-
35       nesses in the system, (2) barriers to achieving the purposes and goals of
36       the system, (3) potential solutions for addressing any weaknesses or bar-
37       riers identified, and (4) other appropriate matters to ensure that the sys-
38       tem provides the care and services to each child in the custody of the
39       secretary;
40             (v) take appropriate, positive actions to address and remedy all iden-
41       tified weaknesses in the child welfare system and to remove all identified
42       barriers to achieving the purposes and goals of the system, including pro-
43       posing and supporting legislation to address such weaknesses and barriers

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  1       and related issues that need legislative action;
  2             (w) maintain a timely, itemized and accurate accounting of the total
  3       costs of the child welfare system which includes any financial losses ex-
  4       perienced or debts incurred by contractors and subcontractors in provid-
  5       ing services under the system; and
  6             (x) prepare and submit a report by August 1, 1999, to the committee
  7       on appropriations of the house of representatives, the committee on ways
  8       and means of the senate and the legislative post audit committee which
  9       sets forth in detail the debt incurred by each entity contracting with the
10       secretary to provide foster care services and the debt incurred by the
11       subcontractors of such foster care service providers and which presents
12       recommendations on methods by which the state could appropriately and
13       effectively participate in reducing such debts.
14             Sec.  6. During the period from the effective date of this act until
15       the first day of the regular session of the legislature commencing in 2003,
16       the joint committee on children's issues shall monitor, review and make
17       recommendations relating to child welfare programs and services of the
18       department of social and rehabilitation services, specifically including, but
19       not limited to, family preservation, foster care and adoption programs and
20       shall prepare an annual report of findings and recommendations which
21       shall be provided to the legislative coordinating council and to the legis-
22       lature on or before the first day of the regular session of the legislature
23       in 2000, 2001, 2002 and 2003 and may prepare such additional reports
24       during such period as may be deemed appropriate by the joint committee
25       on children's issues to the committee on appropriations of the house of
26       representatives and the committee on ways and means of the senate.
27             Sec.  7. (a) There is hereby established the joint legislative commit-
28       tee for foster care--adoption advocates which shall consist of five mem-
29       bers of the senate and five members of the house of representatives. The
30       five members of the senate shall be appointed as follows: Three by the
31       president and two by the minority leader. The five members of the house
32       of representatives shall be appointed as follows: Three by the speaker and
33       two by the minority leader. Each senate member appointed and each
34       representative member appointed shall serve on the joint legislative com-
35       mittee for foster care--adoption advocates during such member's current
36       term as a legislator. The officer so appointing shall notify promptly the
37       joint committee of the appointment. A quorum of the joint committee
38       shall be six. Except as otherwise specifically provided by law, all actions
39       of the joint committee may be taken by a majority of those present when
40       there is a quorum. At the commencement of each regular session of the
41       legislature, the joint legislative committee for foster care--adoption ad-
42       vocates shall organize by electing a chairperson and a vice-chairperson
43       who are not members of the same house of the legislature. The vice-

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  1       chairperson shall exercise all of the powers of the chairperson in the
  2       absence of the chairperson. The joint legislative committee for foster
  3       care--adoption advocates may meet at any time, at any place in the state
  4       on the call of the chairperson. The joint committee may introduce such
  5       legislation as it deems necessary in performing its duties under this act.
  6             (b) There is hereby established the office of the director of foster
  7       care--adoption advocates. The director of foster care--adoption advocates
  8       shall be appointed by the joint legislative committee for foster care--
  9       adoption advocates and shall serve under its direction. The director of
10       foster care--adoption advocates may be removed from office by the affir-
11       mative vote of not less than seven members of the joint legislative com-
12       mittee for foster care--adoption advocates taken at any regular meeting
13       of such committee. The director of foster care--adoption advocates shall
14       be a person of extensive experience and recognized qualification in the
15       field of ombudsman representation and government advocacy. The di-
16       rector of foster care--adoption advocates shall be in the unclassified serv-
17       ice and shall receive such compensation as is determined by the legislative
18       coordinating council, except that such compensation may be increased
19       but not diminished during such service. The joint legislative committee
20       for foster care--adoption advocates may recommend to the legislative co-
21       ordinating council changes in the compensation of the director of foster
22       care--adoption advocates. The director of foster care--adoption advocates
23       shall receive travel expenses and subsistence expenses and allowances as
24       provided for members of the legislature in K.S.A. 75-3212 and amend-
25       ments thereto when attending any authorized meeting or business outside
26       the city of Topeka.
27             (c) There is hereby established the division of foster care--adoption
28       advocates within the legislative branch of the government. The division
29       of foster care--adoption advocates shall be under the direct supervision
30       of the director of foster care--adoption advocates in accordance with pol-
31       icies adopted by the joint legislative committee for foster care--adoption
32       advocates. Employees in the division of foster care--adoption advocates
33       shall be in the unclassified service, shall receive such compensation as is
34       provided under this act and shall be covered by the state group health
35       plan and Kansas public employees retirement system to the same extent
36       as other state employees. Employees of the division of foster care--adop-
37       tion advocates shall receive travel expenses and subsistence expenses and
38       allowances as provided for other state employees. Employees in the di-
39       vision of foster care--adoption advocates shall be employed by and be
40       responsible to the director of foster care--adoption advocates who shall
41       fix the compensation of each such employee subject to approval of the
42       joint legislative committee for foster care--adoption advocates and within
43       budget and appropriations therefor. The annual budget request of the

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  1       division shall be prepared by the director of foster care--adoption advo-
  2       cates and the director of foster care--adoption advocates shall present it
  3       to the joint legislative committee for foster care--adoption advocates. The
  4       joint committee shall make any changes it desires in the budget request
  5       and then shall transmit it to the legislative coordinating council. Such
  6       council shall make any changes it desires in such budget request and upon
  7       approval of the budget request by the council, the director of foster care-
  8       -adoption advocates shall submit it to the director of the budget as other
  9       budget requests are submitted.
10             (d) Members of the joint legislative committee for foster care--adop-
11       tion advocates shall receive compensation, travel expenses and subsis-
12       tence expenses and allowances as provided in K.S.A. 75-3212 and amend-
13       ments thereto. All compensation and expenses of members of the joint
14       legislative committee for foster care--adoption advocates arising out of
15       activities as members of such committee shall be paid from appropriations
16       made for the division of foster care--adoption advocates. All compensation
17       and expenses of the director of foster care--adoption advocates and em-
18       ployees of the division of foster care--adoption advocates shall be paid
19       from appropriations made for the division of foster care--adoption ad-
20       vocates. All payrolls and vouchers for payment of amounts from appro-
21       priations made for the division of foster care--adoption advocates shall be
22       approved by the director of foster care--adoption advocates.
23             Sec.  8. The director of foster care--adoption advocates shall:
24             (a) Employ such employees as may be necessary to carry out the
25       duties of the division of foster care--adoption advocates;
26             (b) enter and inspect documents relating to complaints, investiga-
27       tions and studies under the control of and performed by any advocates
28       at any reasonable time of day and may delegate that authority in writing
29       to any employee of the division of foster care--adoption advocates;
30             (c) ensure that no individual involved in the authorization of any
31       individual to represent the division of foster care--adoption advocates is
32       subject to a conflict of interest;
33             (d) ensure that no officer, employee or other representative of the
34       division of foster care--adoption advocates is subject to a conflict of in-
35       terest; and
36             (e) ensure that policies and procedures are in place to identify and
37       remedy all conflicts of interest.
38             Sec.  9. (a) Records of the division of foster care--adoption advocates
39       and records of the director of foster care--adoption advocates included
40       shall not be disclosed directly or indirectly to any person except as au-
41       thorized by the director of foster care--adoption advocates.
42             (b) No documents relating to complaints, investigations or studies in
43       the possession of the director of foster care--adoption advocates or any

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  1       employee of the director of foster care--adoption advocates shall be read,
  2       copied or taken by any officer or employee of the state of Kansas except
  3       as authorized by the director of foster care--adoption advocates or the
  4       director's designee.
  5             Sec.  10. The director of foster care--adoption advocates shall pro-
  6       vide advocacy for citizens on matters relating to foster care or adoption,
  7       or both, shall investigate complaints concerning the foster care and adop-
  8       tion systems in this state and shall perform such other duties as may be
  9       specified by the joint legislative committee for foster care--adoption
10       advocates.
11        Sec.  11. This act shall take effect and be in force from and after its
12       publication in the Kansas register.
13