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Update on HB1 and Kentucky Foster Care System

Join the Department for Community Based Services (DCBS) for an update on the progress of HB1 and how it is addressing the needs of children in care. Learn about the origins of the legislation, the content, and the implementation updates. Engage in discussion and ask questions.

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Update on HB1 and Kentucky Foster Care System

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  1. Department for Community Based Services (DCBS) House Bill (HB) 1 Eric T. Clark, Commissioner Elizabeth Caywood, Deputy Commissioner

  2. Session Purpose and Outline • Purpose: To hear the latest from cabinet leadership and partners on work being done to fulfill the intent of HB1 and best meet the needs of children in care. • Outline: • Origins of Legislation • Content of Legislation • Implementation Update • Next Steps • Questions, Comments, Discussion

  3. Origins of Legislation Governor’s Campaign Promise First Lady- Champion for Children Program Review and Investigation Committee’s Foster Care Study (May 2016- Jun 2018) House Workgroup on Adoptions (2017 Interim) Specific Asks of the Cabinet, Courts, Providers, Foster/Adoptive Parents, Foster Youth, Advocates, Community Partners

  4. Origins of Legislation We want Kentucky to be the absolute best model for foster care in the United States... - Governor Bevin

  5. Origins: Program Review and Investigations Committee Foster Care System Caseloads and Retention DCBS should calculate or estimate cases assigned to staff not currently carrying a full caseload and contributions of such staff to state, regional, and county workloads. Staff workloads should be included in calculations of average caseloads along with past due cases. DCBS should develop strategies to lessen administrative burdens of caseworkers. DCBS should develop a method for determining caseloads based on analysis of workforce and workloads, use appropriate caseload standards, and ensure that as few caseworkers as possible have caseloads exceeding standard. DCBS should request funding and authorization for various workforce efforts. • DCBS and AOC work to determine reasonable period for temporary custody order and propose legislation to the General Assembly • DCBS and AOC cooperate to ensure collection of data on DNA court action, hearing, and result. These data should be analyzed regularly to identify potential problems. • AOC encourage any court hearing DNA cases to use appropriate forms. • DCBS should use existing data to calculate more accurate figure in Diligent Recruitment Report. • DBCS should indicate disruptive, neutral, or positive reasons for placement changes in its reports.

  6. Origins: House Workgroup on Adoptions • Establish and maintain a putative father registry • Standardize foster care/adoption home studies • Educate birth mothers about adoption options • Establish comprehensive timelines for TPR • Base contracts between DCBS and providers on performance • Strengthen the Ombudsman • Implement advanced tech solutions • More effectively recruit & retain DCBS workers • Incorporate Program Review recommendations • Expand Citizen Foster Care Review Board • Create statutory committee on child welfare issues • Ease filing and service process of DNA cases • Expand family preservation and reunification and intensive in-home services • Address need for child care among workforce • Supplement statutory definition of “abuse” to include neonatal addiction • Streamline private agency parent recruitment process • Allow reciprocity of home studies completed by other states

  7. Content of the Legislation The official record of HB1, 2018 Ky. Acts ch. 159, shows 58 bill sections totaling 50 pages. HB1 impacted 15 statutory chapters. It created 10 new statutory sections. (*Caywood’s count) HB1 affected the entire child welfare continuum from prevention through adoption. The primary emphasis of the law, reflecting its origins, was improved permanency outcomes for children. Through HB1, CHFS streamlined and updated statutes existing prior to HB1, and garnered enhanced flexibilities to innovate programs and respond to service demands as they change over time and with circumstances.

  8. Content of the Legislation Three Goals: 1. Safely reduce the number of children entering out-of-home care • Family Preservation Program • Relative and Fictive Kin Service Array 2. Improve timeliness to appropriate permanency • Case reviews for foster child in care six months or more • Court and DCBS timelines • Study and implementation of performance-based contracting • Putative Father Registry • Home study standards 3. Reduce caseloads • Enhanced caseload reporting • Study of privatization

  9. Implementation Update: Deferring Elsewhere Disclaimer Newly established Child Welfare Oversight and Advisory Committee Reorganization of the CHFS Ombudsman’s Office Courts processes and timeframes Foster Care Review Boards Child Support Enforcement

  10. Implementation Update: Accomplishments Directing statutorily mandated reports to and presenting before the Child Welfare Oversight and Advisory Committee Enhanced Caseload Reporting under KRS 199.461 Amendment of multiple administrative regulations governing public agency and independent adoptions Establishment of the Putative Father Registry (922 KAR 1:560) Conforming changes to 922 KAR 1:360 governing PCC placement, LOC, and payment

  11. Implementation Update: Accomplishments Repeal of 922 KAR 1:410, Family preservation program Provision of no charge certified birth certificates to foster children Enhanced notice to foster parents prior to a child’s removal from placement New ability to use materials from Children’s Advocacy Centers in administrative hearings concerning the appeal of a child maltreatment substantiation Updated notification process for schools re: persons authorized to contact and remove a child from school grounds (KRS 620.146)

  12. Implementation Update: HB1 Study Group on Performance-Based Contracting House Bill 1 created two study groups: performance-based contracting (PBC) under KRS 199.665 and privatization under KRS 620.345. The groups were established by administrative orders 18-08 and 18-09 issued by Secretary Meier on August 3rd. PBC study group first met on September 11th, with four additional meetings through November 28th. KRS 199.665 mandated a report by December 1st and implementation by July 1, 2019. Meetings were facilitated by Casey Family Programs and Chapin Hall. The group revisited the past work of the Child Welfare Performance and Accountability Partnership.

  13. Implementation Update: HB1 Study Group on Performance-Based Contracting Recommendations • The PBC study group submitted its first work product, a report with 20 recommendations, on November 30th . • The 20 recommendations and related considerations are organized under four themes: • Performance-based contracting model and fiscal design; • Performance monitoring and continuous quality improvement of providers; • Resources and infrastructure needed; and • Essential public-private partnership. • Work will be revisited and informed further through study of privatization between January-June of 2019.

  14. Implementation Update: HB1 Study Group Recommendations Performance-Based Contracting Model • Develop and implement a hybrid performance-based contracting model that includes both financial incentives for positive performance and disincentives for negative performance. • Apply a developmental approach to implementing performance-based contracting, including a hold harmless period for providers for at least the first year.​ • Apply performance-based contracting across the full continuum of child welfare services. • Develop a strategic implementation plan for performance-based contracting that includes clear timelines and an intentional communications plan.

  15. Implementation Update: HB1 Study Group Recommendations Performance Monitoring and Continuous Quality Improvement • Establishing performance measures and targets should be a transparent, collaborative process including public and private agency partners in the development process. • Performance standards and targets should take related outcomes into consideration. • Allow for flexibility and variation in the development of performance standards and targets. • Ensure risk adjustment models are communicated in plain language so that the intended audience can understand the steps taken to develop the models and their intended purpose. • Ensure that comprehensive data collection and good data quality are the foundation of all performance monitoring and continuous quality improvement (CQI) efforts. • Integrate contract performance monitoring within CHFS’ overall CQI processes. • The provision of capacity-building and technical assistance services should be a fundamental component of the performance monitoring and improvement process. • Include a clear appeals process for providers concerned with the assessment of their performance and application of potential penalties.

  16. Implementation Update: HB1 Study Group Recommendations Resources and Infrastructure • Enhance administrative data system capacity and data sharing capability between CHFS and the provider community. • Provide resources to support the capacity building and technical assistance needed to design and implement performance-based contracting within CHFS and the provider community. • Create a performance-based contracting project manager position within CHFS for child welfare. • Ensure there are a sufficient number of staff within CHFS with the right sets of competencies to effectively design, procure, manage, and monitor contract performance and support performance improvement. • Revise and re-issue the 2015 Performance-Based Contracting Readiness Assessment with the provider community. • Develop system-wide training opportunities on performance-based contracting for public and private agency partners.

  17. Implementation Update: HB1 Study Group Recommendations Public-Private Partnerships • Establish a collaborative, third party, child welfare advisory committee charged with overseeing of the design and implementation of performance-based contracting in Kentucky child welfare services. • Pursue the development and implementation of a collaborative child welfare practice model.

  18. Implementation Update: Work in Process • KRS 199.474, new as result of HB1, requires a uniform home study. • Standards between child-placing agencies and DCBS were aligned to extent possible in 2004. • DCBS awaits federal foster parent standards, state plan amendment, and outputs of the foster parent/permanency workgroup(s) under Child Welfare Transformation. • KRS 605.120, amended by HB1, authorizes the cabinet to establish kinship care, monetary provisions, guardianship assistance program (GAP), and other services for relative and fictive kin caregivers. • Three administrative regulations filed December 13th. 922 KAR 1:565 outlines new service array. • New foster home type for child-specific recruitment is under exploration/development. • New in-home and post-permanency supports, including GAP, are under pursuit contingent upon funding.

  19. Implementation Update: Work in Process • KRS 620.180, as amended by HB1, mandates a more intensive case reviews of children in care (i.e., six months, every cumulative three months thereafter) and a petition for termination of parental rights if the child has been in care for a total of 15 cumulative months out of 48 months. • A conforming changes has been made to 922 KAR 1:140. • Instruction will be provided to DCBS field staff and will be shared with AOC. • KRS 17.185, as amended by HB1, allows KY State Police (KSP) to conduct electronic background check requests. • CHFS actively working with KSP and its proposed vendor.

  20. Implementation Update: HB1 Study Group on Privatization (In Process) The HB1 study group on privatization will convene its first meeting on January 17th. Seven subsequent meetings are tentatively planned through mid-June. Report is due July 1st. DCBS has tentatively secured additional support from Casey Family Programs and Chapin Hall to continue facilitating.

  21. Next Steps • 2019 Regular Session of the Kentucky General Assembly • HB158 • Kinship/Relative Care • Family First Prevention Services Act of 2018 (Pub. L. 115-123) • New federal funding opportunity for prevention services • Kinship Navigator Grants

  22. Resources Legislative Research Commission: http://www.lrc.ky.gov/ Child Welfare Oversight and Advisory Committee: http://www.lrc.ky.gov/committee/statutory/CWOAC/home.htm Program Review and Investigations Committee: http://www.lrc.ky.gov/committee/statutory/Prog%20Rev/home.htm CHFS: https://chfs.ky.gov/Pages/index.aspx AOC: https://courts.ky.gov/Pages/default.aspx Casey Family Programs: https://www.casey.org/ U.S. Children’s Bureau: https://www.acf.hhs.gov/cb

  23. Questions, Comments, Discussion

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