GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    1

HOUSE BILL 222*

Short Title:     Coordination of Children's Services/Study.		(Public)
Sponsors:	Representatives Insko, Barnhart (Primary Sponsors);  Alexander, Bordsen, Coleman, Fisher, Goodwin, Hunter, Lucas, Walend, and Weiss.
Referred to:	Children, Youth and Families, if favorable, Rules, Calendar and Operations of the House.

February 15, 2005

A BILL TO BE ENTITLED

AN ACT to improve the coordination of services to children, Youth, and families by creating children's services work groups, by establishing an independent study commission to make recommendations on how to eliminate barriers to collaboration between and among child-serving agencies, and to make an appropriation as recommended by the Joint legislative oversight committee on mental health, developmental disabilities, and substance abuse services.

The General Assembly of North Carolina enacts:

SECTION 1.  The General Statutes are amended by adding a new Chapter to read:

"Chapter 143C.

"Coordination of Children's Services.

"§ 143C-1.  Intent; purpose.

It is the intent of the General Assembly to (i) improve the safety and well-being of North Carolina's children, youth, and families; (ii) support collaboration between State, regional and local agencies that deliver services to children, youth, and families; (iii) make more effective use of existing federal, State, and local resources and programs for children, youth, and families; and (iv) streamline service delivery, fill service gaps, and eliminate duplication of services for children, youth, and families.

The Department of Health and Human Services, the Department of Juvenile Justice and Delinquency Prevention, the Department of Public Instruction, the Administrative Office of the Courts, and other affected State agencies share responsibility and accountability to assure effective collaboration among State and local agencies to improve outcomes for children and their families leading to full participation in their communities and schools."

SECTION 2.(a)  The General Assembly recognizes that services to children, youth, and families are most effective when they are child- and family-centered, strengths-based, community-based, use multidisciplinary approaches, use evidence-based practices when appropriate, and recognize and respect cultural differences. These practices can be successfully implemented only where there is significant and ongoing collaboration and coordination between multiple public agencies. The General Assembly also recognizes that while agencies are making significant progress towards implementing these practices, there is also a need to focus State-level policy in order to provide support, remove barriers, and more fully implement these goals.

SECTION 2.(b)  There is established a children's services work group. It shall be located in the Department of Administration for budgetary and staffing purposes only. The Secretary of the Department of Health and Human Services, the Secretary of the Department of Juvenile Justice and Delinquency Prevention, the Chair of the State Board of Education, the Superintendent of Public Instruction, and the Chief Justice of the North Carolina Supreme Court shall each designate at least one representative to serve on the work group from among the programs, divisions, or departments under that administrator's control that provide services to children and youths. Each administrator named in the preceding sentence shall also appoint to serve on the work group at least one parent of a child or youth who has or is at risk for behavioral, social, health, or safety problems or academic failure, at least one member of a local collaborative body, and at least one private sector service provider. The Chair of the State Board of Education and the Superintendent of Public Instruction may make joint appointments.

SECTION 2.(c)  The work group shall meet at least monthly.  The first meeting of the work group shall occur not less than 30 days after the effective date of this section. The Department of Health and Human Services, the Department of Juvenile Justice and Delinquency Prevention, the Department of Public Instruction, and the Administrative Office of the Courts shall, in this order and on a rotating basis, host the monthly meetings of the work group. The Department of Administration shall provide staff and clerical support to the work group.

SECTION 2.(d)  The work group shall:

(1)       Identify common outcome measures for child-serving agencies that can be used for monitoring the safety, health, and well-being of North Carolina's children, youth, and families, including preventative measures.

(2)       Identify strategies for funding flexibility between State and local agencies, including shared funding streams and the removal of financial and bureaucratic barriers.

(3)       Develop a common service terminology to be used across child-serving agencies that is appropriate and assists collaboration and coordination.

(4)       Make recommendations regarding the creation of a shared database to track population and program outcomes information while protecting individual confidentiality.

(5)       Develop mechanisms that would allow agencies to share information about individual children receiving multiple services. Any recommendations must take into account confidentiality requirements and be voluntary on the part of the party receiving services and time-limited. The mechanisms may address intake, assessment, and release procedures.

(6)       Examine State and local training needs for implementing increased coordination and collaboration.

(7)       Study other issues the work group determines would improve coordination and collaboration between child-serving agencies.

SECTION 2.(e)  A majority of the work group shall constitute a quorum for the transaction of business.

SECTION 2.(f)  Any member of the Council who is not an officer or employee of the State shall receive per diem and necessary travel and subsistence in accordance with the provisions of G.S. 138-5.

SECTION 2.(g)  Upon the approval of the Secretary of the Department of Health and Human Services, the Secretary of the Department of Juvenile Justice and Delinquency Prevention, the Chair of the State Board of Education, the Superintendent of Public Instruction, and the Chief Justice of the North Carolina Supreme Court, the work group shall submit its findings and recommendations to the Coordination of Children's Services Study Commission created under Section 4 of this act. The work group shall submit an interim report no later than December 15, 2005, and a final report no later than April 15, 2006. The reports shall specify those recommendations that may be implemented without statutory changes and those that would require statutory authorization.

If the General Assembly has not adjourned by those dates, or if the membership of the Study Commission has not been appointed, the work group shall submit its reports to the Joint Legislative Education Oversight Committee, the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee, the Joint Legislative Health Care Oversight Committee, and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.

The work group shall expire upon the filing of the final report.

SECTION 3.  The Directors of the Bill Drafting, Research, and Fiscal Research Divisions of the General Assembly shall establish a children's services work group comprised of the legislative staff assigned to subject areas or agencies involving the child-serving programs administered by the Department of Health and Human Services, the Department of Juvenile Justice and Delinquency Prevention, the Administrative Office of the Courts, and the Department of Public Instruction. 

The work group shall:  (i) monitor the proceedings of the children's services work group created under Section 2 of this act; (ii) provide information to legislators and legislative bodies regarding the recommendations of the work group and methods by which the General Assembly may implement those recommendations; and (iii) provide a mechanism to improve coordination, collaboration, and education regarding children's services across State and local agencies among legislative staff.

This section shall expire upon the convening of the 2009 General Assembly. However, this shall in no way limit the Division Directors' authority to direct legislative staff to continue to implement the purposes of this section.

SECTION 4.(a)  There is created the Coordination of Children's Services Study Commission ("Commission"). The Commission shall consist of 18 members appointed as follows:

(1)       Nine members appointed by the Speaker of the House of Representatives as follows:

a.         Five members of the House of Representatives, of whom at least one shall also serve on the House of Representatives Health and Human Services Appropriations Subcommittee, at least one shall also serve on the House of Representatives Education Committee, at least one shall also serve on the House of Representatives Health Committee, and at least one shall also serve on a House of Representatives Judiciary Committee; and

b.         Four members of the public including a district court judge, a member of a local collaborative body, a private sector service provider, and a parent of a child who has or is at risk for behavioral, social, health, or safety problems or academic failure.

(2)       Nine members appointed by the President Pro Tempore of the Senate as follows:

a.         Five members of the Senate of whom at least one shall also serve on the Senate Health and Human Services Appropriations Subcommittee, at least one shall also serve on the Senate Education Committee, at least one shall also serve on the Senate Health Committee, and at least one shall also serve on a Senate Judiciary Committee; and

b.         Four members of the public including a parent of a child who has or is at risk for behavioral, social, health, or safety problems or academic failure, a child who has or is at risk for behavioral, social, health, or safety problems or academic failure, a member of a local board of education, and a member of a board of county commissioners.

The Speaker of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. The Commission may meet at anytime upon the joint call of the cochairs. Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.

SECTION 4.(b)  The purpose of the Commission is to study and recommend changes to improve collaboration and coordination between agencies that provide services to children, youth, and families with multiple service needs. The Commission's recommendations shall include mechanisms for establishing clear State leadership, consistent policy direction, and increased accountability at the State and local level. As part of its work, the Commission shall:

(1)       Identify existing State, regional, and local collaborative bodies (including their charges, scopes of authority, and accountability requirements) that have been created by legislation, administrative rule, or agency policy and that are charged with serving, protecting, or improving the well-being of North Carolina's children, youth, and families. Once it has identified the collaborative bodies, the Commission shall consider how they could be consolidated, reorganized, or eliminated in order to improve their effectiveness and accountability, increase the likelihood that key players will actively participate, and reduce unnecessary duplication of effort. The Commission shall also consider the creation of a mechanism for coordination and communication between the State and local collaborative bodies, incentives for collaboration, clarification of roles among agencies, and ways to monitor the extent to which groups are collaborating.

(2)       Study the practices of agencies currently implementing a system of care platform of practices and make recommendations regarding whether to adopt those practices statewide and across child-serving agencies as the preferred mechanism for providing services to children, youth, and families. In examining this issue, the Commission shall identify those State and local agencies that are currently implementing practices that are consistent with a system of care, those states that have implemented system of care as a statewide policy initiative, and the extent to which system of care is cost-effective.

(3)       The Commission shall also examine the following principles that are associated with a system of care and determine whether to recommend the adoption of a State policy that reflects these principles:

a.         Services for children should promote success, safety, and permanence.

b.         Services should be child- and family-centered giving priority to keeping children with their families, in their home, school, and community.

c.         Services should actively promote early identification and intervention.

d.         Services should be designed to protect the rights of children.

e.         Services shall be integrated and comprehensive, addressing the child's physical, educational, social, and emotional needs through a single child and family team.

f.          Services shall be outcomes-accountable and tied to a unified child and family plan.

g.         Agency resources and services shall be shared and coordinated.

h.         Services shall be provided as close to home as appropriate in the least restrictive setting consistent with what is known to be effective.

i.          Services shall be culturally competent.

j.          Services shall address the unique strengths, needs, and potential of each child and family, and shall be sufficiently flexible to meet highly individualized child and family needs.

k.         Management of the child-serving system is a responsibility shared among all public and private child-serving agencies that should be held collectively accountable for outcomes.

(4)       In reviewing principles relating to system of care, the Commission shall determine whether they articulate goals that are measurable and if not, determine whether they could be modified to reflect measurable goals.

(5)       Receive and study the recommendations contained in the reports submitted by the work group created in Section 2 of this act and determine whether to recommend any of the statutory proposals.

(6)       Study any other issues the Commission determines would improve coordination and collaboration between child-serving agencies.

SECTION 4.(c)  Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist in the work of the Commission. Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Supervisors of Clerks. The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The members of the Commission, while in the discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120-19 through G.S. 120-19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information, data, or documents within their possession, ascertainable from their records, or otherwise available to them, and the power to subpoena witnesses. Members of the Commission shall receive per diem, subsistence, and travel allowances at the rate established in G.S. 120-3.1, 138-5, or 138-6 as appropriate.

SECTION 4.(d)  The Commission shall submit an interim report to the 2006 Regular Session of the 2005 General Assembly that contains its recommendations and legislative proposals. It shall submit a final report to the 2007 Regular Session of the 2007 General Assembly. Upon the earlier of the filing of its final report or the convening of the 2007 General Assembly, the Commission shall terminate.

SECTION 5.  There is appropriated from the General Fund to the Department of Administration the sum of one hundred ten thousand dollars ($110,000) for the 2005-2006 fiscal year to carry out the provisions of this act.

SECTION 6.  Section 5 of this act becomes effective July 1, 2005.  The remainder of the act is effective when it becomes law.