NORTH CAROLINA GENERAL ASSEMBLY

Transcription

1 LEGISLATIVE RESEARCH COMMISSION COMMITTEE ON HOMELESS YOUTH, FOSTER CARE AND DEPENDENCY NORTH CAROLINA GENERAL ASSEMBLY REPORT TO THE 2017 SESSION of the 2017 GENERAL ASSEMBLY OF NORTH CAROLINA DECEMBER 14, 2016

2

3 A LIMITED NUMBER OF COPIES OF THIS REPORT ARE AVAILABLE FOR DISTRIBUTION THROUGH THE LEGISLATIVE LIBRARY ROOM 500 LEGISLATIVE OFFICE BUILDING RALEIGH, NORTH CAROLlNA TELEPHONE: (919) Committee on Homeless Yout/1, Foster Care and Dependency-LRC Page4

4

5 TABLE OF CONTENTS... _..,~,,_, LETTER OF TRANS MITT AL LEGISLATIVE RESEARCH COMMISSION MEMBERSHIP... 9 PREFACE COMMITTEE PROCEEDINGS FINDING AND RECOMMENDATIONS APPENDICES APPENDIX A MEMBERSHIP OF THE LRC COMMITTEE ON HOMELESS YOUTH, FOSTER CARE AND DEPENDENCY APPENDIX B COMMITTEE CHARGE APPENDIXC STATIJTORY AUTHORITY Commillee 011 Home/es~ Youth, Foster Cure and Depenclency-LRC Page5

6

7 This page intentionally left blank Committee on Homeless Youth, Foster Care and Dependency-LRC Page 6

8

9 _,,,, ,,_,_., TRANSMITTAL LETTER December 14, 2016 TO THE MEMBERS OF THE 2017 REGULAR SESSION OF THE2017 GENERAL ASSEMBLY The Legislative Research Commission herewith submits to you for your consideration its report and recommendations to the 2017 Regular Session of the 2017 General Assembly. The report was prepared by the Legislative Research Commission's Committee on Homeless Youth, Foster Care and Dependency, pursuant to G.S (1). Respectfully submitted, Representative David Lewis Co-Chairs Legislative Research Commission Committee on Home/es.'> Youth, Fo~ ter Care and Dependency-LRC Page 7

10

11 lbis page intentionally left blank Committee (m Hameless Youth, Foster Care and Dependency-LRC Page 8

12

13 LEGISLATIVE RESEARCH COMMISSION MEMBERSHIP Senator Harry Brown Co-Chair Senator Phil Berger, Ex Officio Senator Tamara Barringer Senator Dan Blue Senator Paul A. Lowe, Jr. Senator Wesley Meredith Representative David Lewis Co-Chair Representative Timothy Moore, Ex Officio Representative Becky Carney Representative Ted Davis Representative Jason Saine Committee on Homele.~.~ Youth, Fo~ ter C"re (Ind Dependency-LRC Page9

14

15 PREFACE The Legislative Research Commission, established by Article 6B of Chapter 120 of the General Statutes, is the general purpose study group in the Legislative Branch of State Government. The Commission is co-chaired by the President Pro Tern pore of the Senate and the Speaker of the House of Representatives, or their designees, and has five additional members appointed from each house of the General Assembly. Among the Conunission's duties is that of making or causing to be made, upon the direction of the General Assembly, "such studies of and investigation into governmental agencies and institutions and matters of public policy as will aid the General Assembly in performing its duties in the most efficient and effective manner" (G.S (1)). The Legislative Research Commission authorized the study of Homeless Youth, Foster Care and Dependency, under authority of G.S (1). The Committee was chaired by Senator Sen. Tamara Barringer and Representative Rep. Sarah Stevens, Co Chairs of the Committee. The full membership of the Committee is listed under Committee Membership. A committee notebook containing the committee minutes and all information presented to the committee will be filed in the Legislative Library by the end of the biennium. Committee on Homeless Youth, Foster Care and Dependency-LRC Page JO

16

17 COMMITTEE PROCEEDINGS The Legislative Research Commission's Committee on Homeless Youth, Foster Care and Dependency met three times after the 2015 Regular Session. The Committee's Charge can be found here. The following is a brief summary of the Committee's proceedings. Detailed minutes and information from each Committee meeting are available in the Legislative Library. April 5, 2016 The Committee met on April 5, 2016 at 2:00 pm in Room 415 of the Legislative Office Building. The chairs offered introductory remarks and Committee Counsel, Jan Paul read the committee charge to begin the meeting. The Committee received An Overview of Child Welfare Services Funding presented by Deborah Landry, Fiscal Analyst, N.C. General Assembly, Fiscal Research Division. Kevin Kelley, M.S.W., Section Chief, Child Welfare Services, Division of Social Services, N.C. Department of Health and Human Services provided a Summary of the Child and Family Services Review Conducted by the Administration on Children and Families The Committee received presentations from the following persons and organizations regarding issues and concerns related to youth homelessness: Michael Absher, President/CEO, Only Hope, Wnc, Inc. Patricia Juliane Ile, J.D., Director of State Projects and Legal Affairs, National Association of the Education of Homeless Children and Youth Lisa Phillips, J.D., State Coordinator for Homeless Education, N.C. Homeless Program, National Center for Homeless Education Matthew Anderson, Senior Director, Business Development and Advocacy, Children's Horne Society of North Carolina Theresa Flynn, M.D., F AAP-Board Certified Pediatrician and Board Member, North Carolina Pediatric Society Sara DePasquale, J.D., M.S. W., Assistant Professor of Public Law and Government, University of North Carolina School of Government. The Committee also heard a panel discussion from local agencies regarding youth homelessness: Karen McLeod, M.S.W., President/CEO, Benchmarks Brennon D. Graham, M.B.A., M.H.A., Executive Director, The Relatives, Inc., A subsidiary of Alexander Youth Network Committee on Home/en Youth, Foster Care llntf Dependency-LRC Page 11

18

19 Tara Ward, M.S., L.P.C.A., Regional Supervisor, Youth Villages North Carolina John Lauterbach, Executive Director, Caring for Children: A program of Eckerd Kids December The Committee held its second meeting on Tuesday, December 6, 2016 at l :00 pm in Room 1027I112 8 of the Legislative Building. The Committee received a presentation from Annie Smith, State Director, Youth Villages, Inc. regarding their YBLifeSet transitional living service. The Committee also received a presentation from N. Craig Bass, A.C.S.W., President/C.E.O., Alexander Youth Network regarding therapeutic foster care. December 14, 2016 The Committee held its final meeting and approved the final report on December 14, Committee on Homeless Youth, Fm>'ler Care and Depe11dency-LRC Page 12

20

21 FINDINGS AND RECOMMENDATIONS The Committee on Homeless Youth, Foster Care, and Dependency finds that there are over 30,000 homeless youth in North Carolina, identified in public school records as presented during Committee meetings. The homeless youth in North Carolina face unique issues and concerns associated with their homelessness, foster care and dependency. Therefore, the Committee recommends the following related to therapeutic foster care: 1. That therapeutic foster care applications be approved or denied within three months of the date of the application and that the North Carolina Department of Health and Human Services further examine their existing timeline for processing applications and determine methods to further reduce the timeline. 2. That the rule requiring therapeutic foster parents to have income exclusive of the foster care stipend be examined. The Committee further recommends the continued study of youth homelessness, foster care and dependency to include: I. Actions that can be taken to address the need of homeless juveniles for appropriate shelter, access to medical care, and other necessary supports, and to reduce the homeless juvenile population in North Carolina. 2. Current state law affecting homeless juveniles, and approaches taken hy other states and federal law to address issues facing homeless juveniles. 3. Factors that impact juvenile homelessness, including, but not limited to, abuse, neglect, dependency, and foster care determinations. 4. The State's current laws regarding juvenile guardianship and the impact of any federal laws on the issues of juvenile guardianship. 5. The manner of supervision, or lack thereof, in the State's current system governing juvenile guardianship. 6. Methods to identify all homeless youth in North Carolina, beyond the reported 30,000 homeless children in public school system records. 7. The foster care application process and associated documents to determine if the application or documents can be modified to be more efficient. Commillee on Homeless Youth, Foster Care and Dependency-LRC Page 13

22

23 8. The State's current laws regarding a physician's ability to treat homeless youth without consent of a parent or legal guardian when one is not available. 9. Any other issues the Committee deems relevant. Committee on Homeless Youtlt, Foster Care and Dependency-LRC Page 14

24

25 Appendix A COMMITTEE MEMBERSHIP..._ Senate Member,1J: Senator Sen. Tamara Barringer, Co-Chair House of Representatives Members: Representative Rep. Sarah Stevens, Co-Chair Senator Sen. Angela R. Bryant Senator Sen. Gladys A. Robinson Senator Sen. Tommy Tucker Representative Rep. Rob Bryan Representative Rep. Jonathan C. Jordan Representative Rep. Marvin W. Lucas Representative Rep. Brig Gen (Ret) Gary Pendleton Representative Rep. David R. Lewis, Ex Officio Committee on Homele.~s Youth, Foster Cnre nnd Dependency-LRC Page 15

26

27 Appendix B COMMITTEE CHARGE "'- '- " - - "---- Committee on Homeless Youth, Foster Care and Dependency - The LRC Committee on Homeless Youth, Foster Care and Dependency shall study the presence of, and issues facing, homeless juveniles in North Carolina, along with related issues of juvenile and family law pertaining to abuse, neglect, dependency, and foster care in the State. In conducting the study, the Committee may consider: I. Actions that can be taken to address the need of homeless juveniles for appropriate shelter, access to medical care, and other necessary supports, and to reduce the homeless juvenile population in North Carolina. 2. Current state law affecting homeless juveniles, and approaches taken by other states and federal law to address issues facing homeless juveniles. 3. Factors that impact juvenile homelessness, including, but not limited to, abuse, neglect, dependency, and foster care determinations. 4. The State's current laws regarding juvenile guardianship and the impact of any federal laws on the issues of juvenile guardianship. 5. The manner of supervision, or lack thereof, in the state's current system governing juvenile guardianship. 6. Any other issues the Committee deems relevant. Committee on Homeless Youth, Foster Care and Depemlency-LRC Page 16

28

29 Appendix E STATUTORY AUTHORITY --" NORTH CAROLINA GENERAL STATUTES ARTICLE6B. Legislative Research Commission Powers and duties. The Legislative Research Commission has the following powers and duties: (1) Pursuant to the direction of the General Assembly or either house thereof, or of the chairmen, to make or cause to be made such studies of and investigations into governmental agencies and institutions and matters of public policy as will aid Lhe General Assembly in performing its duties in the most efficient and effective manner. (2) To report to the General Assembly the results of the studies made. The reports may be accompanied by the recommendations of the Commission and bills suggested to effectuate the recommendations. (3), ( 4) Repealed by Session Laws 1969, c. 1184, s. 8. (5), (6) Repealed by Session Laws 1981, c. 688, s. 2. (7) To obtain information and data from all State officers, agents, agencies and departments, while in discharge of its duty, pursuant to the provisions of G.S as if it were a committee of the General Assembly. (8) To call witnesses and compel testimony relevant to any matter properly before the Commission or any of its committees. The provisions of G.S l through G.S shall apply to the proceedings of the Commission and its committees as if each were a joint committee of the General Assembly. In addition to the other signatures required for the issuance of a subpoena under this subsection, the subpoena shall also be signed by the members of the Commission or of its committee who vote for the issuance of the subpoena. (9) For studies authorized to be made by the Legislative Research Commission, to request another State agency, board, commission or committee to conduct the study if the Legislative Research Commission determines that the other body is a more appropriate vehicle with which to conduct the study. If the other body agrees, and no legislation specifically provides otherwise, that body shall conduct the study as if the original authorization had assigned the study to that body and shall report to the General Assembly at the same time other studies to be conducted by the Legislative Research Commission are to be reported. The other agency shall conduct the transfened study within the funds already assigued to it. Committee on Home/es~ Youth, Foster Care and Depentle11cy-LRC Page 17

30

31 NORTH CAROLINA GENERAL ASSEMBLY LEG ISLA TIV E RESEARCH COMMISSION STATE LEGISLATIVE BUILDING RALEIGH, NC December 14, 2016 TO THE MEMBERS OF THE LEGISLATIVE RESEARCH COMMISSION: Attached for your consideration is the report to the 2017 Regular Session of the 2017 General Assembly. This report was prepared by the Legislative Research Commission's Conunittee on Homeless Youth, Foster Care and Dependency, pursuant to G.S (1). Senator Sen. Tamara B Co-Chair kcprcscntative Rep. Sarah Stevens Co-Chair Co-Chairs Committee on Homeless Youth, Foster Care and Dependency Legislative Research Commission

32

33 This page intentionally left blank Committee on Homefes:J; Youth, Fo.\'fer C"re (Intl Depemlency-LRC Page 2

34