Legislative Updates

Legislative Update

Week Four

March 24 – 28 2008

One cannot enter a committee room without listening to legislators talking about the difficult task they face cutting programs across Florida.

Committees are finalizing their recommended cuts and preparing to publish the proposed budget. Communities across the state will learn which programs they count on will be in jeopardy and which programs are safe. Nothing should be considered completely out of reach. Programs that have been legislative darlings and even the same program in different locations are facing elimination.

Programs in each promise area are in trouble.

Healthy Start is facing a loss of $5-million. This would result in 10,000 pregnant women and infants not receiving care based upon an average cost per client of $550.

Independent Living Services - which have asked for an $18-million increase for the past two years but have received only $1-million - are facing a $7-million cut. Currently it is estimated that there are 8,500 children age 13 – 23 eligible for Independent Living Services, while only 1,500 children are receiving them. A cut to Independent Living Services results in the harrowing experience of even more children under state care greeting their 18th birthday with trepidation and fear of what they will do next.

School readiness, including child care and before and after school programs are facing a $16-million dollar reduction which will result in an actual loss of $30-million with the loss of federal dollars. This will result in 7,000 children losing child care, and none of the 47,000 children on the waiting list receiving care.

The Girls Advocacy Program (GAP) – and it’s amazing track record of intervening with girls in detention centers – which fought so hard to maintain its funding last year - will survive only in Miami-Dade detention center while being eliminated at the detention centers in West Palm Beach, Orlando and Ft. Myers.

The point that cannot be stressed enough is that once these programs and services are cut, IT IS THE END. The dollars will not be coming back. The program is off the table and will cease to exist.

The mood around the capitol is unlike any year in the past. Instead of the normal hustle and bustle, it is gloomy and quiet. But advocates for children must break through that silence.

The saying goes “the squeaky wheel gets the grease” because that is true more often than it is not. Children have an especially uphill battle because their voice is not heard at the voting booth, so it is up to us to be the “squeak.” The more noise that we can make the harder it will be to push these programs aside.

Children’s Week begins on Monday. It will help to crank up the volume but a lot more needs to be done. Call, write, send faxes. Encourage the governor to weigh in before it is too late.

Below is our Promise breakdown with bills highlighted that could make a difference in the lives of children without costing the state precious dollars.

Promise 1 – Children’s Health:

Governor Crist’s budget proposals for KidCare incorporates the three principles set by the Children’s Campaign by recognizing the critical importance of providing access to healthcare for Florida’s children (paying attention to not only what the state will save, but what the state will lose; not balancing the budget on the backs of children; and taking the future into account). The state has in the past several years made strategic fiscal errors by not drawing down the maximum federal dollars available for our KidCare program, and, worse, allowing Florida tax dollars to revert back to Washington D.C. and be allocated to other states.

Governor Crist’s budget recommendation is to tap one-sixth of the principal of the $2.4-billion Lawton Chiles Endowment, the money lawmakers set aside years ago from the tobacco company settlement to be an ongoing revenue source for health programs. For years, the Legislature has spent only interest from the fund. Rhea Chiles, widow of the late Governor Chiles, has reportedly agreed with Governor Crist’s plan. It would be a sound investment with many strong fiscal returns.

The KidCare legislation moving in the Florida House is HB 1475 (Rep. Rene Garcia - R-Hialeah). It streamlines some of the administration, allowing more families to take advantage of the program. According to the Florida Health Care Coalition, some of the elements that should be included in HB 1457 are:

• The Department of Health to preserve medical standards in KidCare essential to assure high quality health care for Florida’s children;
• The KidCare Coordinating Council to retain experience and expertise for best practices for child health;
• Reduce loss of coverage from 60 days to 30 days for late premiums;
• Remove full pay “cap” for families between 200-250% of poverty and for families above 250% with a 25% limit and a 6 month wait period if they have access to other insurance.

In the Senate however, none of the KidCare bills have been calendared. In order for any significant changes to be made for children, these bills must be placed on the calendar and be addressed by the Florida Senate .

Bills Without Immediate Fiscal Impact:

SB 1090 (Health Policy) and HB 7053 (Government Efficiency & Accountability Council) revises and readopts an exemption from the public records requirements for information identifying a Florida KidCare program applicant or enrollee held by the Agency for Health Care Administration, the Department of Children and Family Services, the Department of Health, or the Florida Healthy Kids Corporation.

Promise 2 – Child Protection:

According to the Florida Alcohol and Drug Abuse Association, the state’s Substance Abuse Temporary Assistance for Needy Families (TANF), a major source for funding substance abuse services for families who have children in or at-risk of entering the child welfare system, are at great risk for budget cuts.

TANF dollars are one of the few substance abuse funding sources that offer service flexibility allowing for children to be cared for in their own homes and emphasizing treatment, work and self-sufficiency for adults.

Proposed shifts in federal substance abuse TANF funds will affect 7,000 women statewide and place their families at great risk. The loss of these funds will increase the waiting list for substance abuse treatment and the demand for state funded social services including child welfare, foster care, dependency courts, unemployment and public assistance.

Bills Without Immediate Fiscal Impact:

HB 769 (Rep. Kelley R-Ocala) and SB 2750 (Sen. Storms R- Brandon) The bill provides authority for the court to appoint a surrogate parent for a child in proceedings under chapter 39, adds a designated liaison between a local school district and the Department of Children and Family Services or the court to the list of entities that may be granted access to records in child abuse and neglect cases, requires the court to request parental consent for the release of a child’s educational records if the child is placed in shelter following a shelter hearing, and provides that the court may order the release of those records if the parents withhold consent, amends the current definition of “homeless child” to align with definition under the federal McKinney-Vento Homeless Assistance Act for purposes of school enrollment and obtaining health records and immunizations.

HB 625 (Rep. Glorioso R-Plant City) The bill amends a provision related to independent living transition services to provide a reference to “family foster homes” and “residential child-caring agencies” regarding authority to approve participation in age appropriate activities for children in out of home care. The bill also requires the Independent Living Services Advisory Council (council) to include in the report due to the Legislature on December 31, 2008, an analysis of the system of independent living transition services for young adults who attain 18 years of age while in foster care prior to completing high school or its equivalent and recommendations for action by either the Department of Children and Family Services (DCF or department) or the legislature. The council is also required to assess and report on the most effective method of providing assistance to these young adults to enable them to complete high school or its equivalent by examining the practices of other states.

Promise 3 - Early Learning and Care:

Organizations across the state are “raising their hands” in support of degreed pre-k teacher legislation, and more are joining every day. Children’s Campaign is pleased to announce a new and easy way to keep up with the growing list. Visit www.QualityPreK.org, Children’s Campaign’s website dedicated to high quality early learning activities, to view the list and visit the websites of important education and child organizations that have joined in the call for degreed teachers. You can also add your organization to the list, regardless of size, by emailing Linda Alexionok, executive director at lalexionok@iamforkids.org.

The Senate Education Pre-K – 12 Appropriations Committee met on Tuesday to discuss budget cuts. Pre-K is facing an additional $1.1-million cut.

Bills Without Immediate Fiscal Impact:

SB 702 (Sen. Rich, D-Sunrise) and HB 741 (Rep. Long , D – St. Petersburg) - Makes mandatory the requirements for increased levels of education for pre-kindergarten instructors in future years. Requires that by the school year 2010-2011 each pre-kindergarten class of 11 of more students, in addition to the instructor, shall have at least one instructor who holds an associate's degree or higher in early childhood education or child development. It also requires that by the school year 2013-2014 each pre-k classroom will have at least one instructor who holds a bachelor’s degree or higher in early education or child development.

Promise 5 - Juvenile Justice:

Key state legislators may be rethinking the cuts to juvenile justice prevention and intervention programs and services announced earlier in the week, according to an article published on Friday, March 28, in the Palm Beach Post.

Rep. Mitch Needelman, (R – Melbourne) chair of the House Committee on Juvenile Justice, told the Post that money generated from closing residential programs that receive low scores on state reviews could be used to save more successful programs, such as the Juvenile Assessment Centers. He went on to say that the diversion programs are reducing the need for so many beds, therefore, keeping kids safe and saving money.

"What we're trying to do is keep the focus on prevention, intervention and redirection," Needelman said. "Redirection has been saving us a lot of dollars."

Cuts that were proposed recently by DJJ largely flew in the face of recommendations from the Blueprint Commission and in contrast to the position of DJJ at this time last year.

For instance, if you were to read last year’s Legislative Update for week four in Session 2007, you would find that the Children’s Campaign reported the creation of the Blueprint Commission, the new mission, vision and guiding principles of DJJ, Secretary McNeil’s passionate speech about bringing the Department “back to the future,” and the renewed focus on balance and fairness. We also focused on the importance of the GAP program and the unique needs of troubled girls.

Cuts proposed by DJJ recently did not conform (with some exceptions) with the new mission and vision or with the completed work of the Blueprint Commission.

Efforts by Senator Crist and Representative Needelman to align reductions with the Blueprint priorities would not only provide the right priorities for services but also would ensure that future DJJ Secretaries wouldn’t have to stand in front of a confirmation committee and once again pledge to fix the Department by “going back to the future.” The future is now.

Bills Without Immediate Fiscal Impact:

SB 140 (Sen. Wilson –D- Miami) Prohibits the use of instruments of restraint, such as handcuffs, chains, irons, or straitjackets, on a child during court proceedings or elsewhere in a courthouse. Requires the Department of Juvenile Justice to comply with the Protective Action Response policy whenever mechanical restraints are used. A similar bill SB 1336 (Sen. Siplin – D-Orlando) Requires the Department of Juvenile Justice to adopt rules governing the procedures that may be used to restrain a child upon his or her arrival at the courthouse. Prohibits the use of restraints such as handcuffs, chains, irons, or straitjackets. Provides exemptions if the child is likely to attempt to escape during a transfer or a hearing, if the child is charged with a capital offense.

SB 2154 (Criminal Justice Committee) Adds the Department of Children and Families (DCF) to the list of agencies that the Department of Juvenile Justice (DJJ) is allowed to share confidential information about youth served by both agencies.

To read bills for each of the Promise areas simply click on the Promise of interest:

1. Promise 1 - Pre-natal, Infant, and Child Health Care

2. Promise 2 - Safety, Permanence, and Services to Children in Out-of-Home Settings

3. Promise 3 - High Quality Pre-K, Child Care, and Early Learning Opportunities

4. Promise 4 - Safe and Enriching Before and After-School Experience

5. Promise 5 - Delinquency Prevention Programs and Services to Treat Children with Problem

Legislative Update was brought to you by:

Amanda Ostrander, Editor, Legislative Update

Christen Smiley, Communications Coordinator

Roy Miller, President

We acknowledge the entire Legislative Team of Children’s Campaign, Inc. who work tirelessly during legislative session on behalf of Florida’s children.