House Passes FY17 Budget with Additional Restored Funds for Georgia Family Connection; Child Welfare Reform Council Releases 2016 Report

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Legislators completed 24 of 40 legislative days last week. Only five days remain before Crossover Day—the last day bills can be passed out of one chamber to be considered by the other legislative body—scheduled for Feb. 29.

Child Welfare Reform
In 2014, Gov. Nathan Deal established the Child Welfare Reform Council to “complete a comprehensive review of the Division of Family and Children Services (DFCS) and to advise [him] on possible executive agency reforms and legislative fixes if necessary.” The Council released its first report in January 2015, and the second annual report was submitted to Deal this month.

In the most recent report dated Feb. 10, 2016, the Council provided recommendations developed by three subcommittees: Case Worker Supports, Foster Family Recruitment and Retention, and Children’s Mental Health. Some recommendations include:

Case Worker Supports

  • Increase starting salaries of case managers to meet the competitive market rate
  • Increase the number of quality service and treatment providers statewide, and improve the administrative process for providers
  • Hire additional family service workers in counties with the greatest need
  • Expand the use of DFCS internship opportunities for social work students

Foster Family Recruitment and Retention

  • Develop targeted strategies to increase the use of kinship care
  • Modernize the deployment and content of foster parent training
  • Focus on technology support that would simplify and streamline the connection between a local area’s needs and people in the community who can meet those needs

Children’s Mental Health

  • Increase access to mental health services to foster youth under the age of 7
  • Achieve safe, stable, and permanent placement of children in a home with a nurturing adult caretaker within one year of intervention
  • Promote coordination among the agencies that provide mental health services for children through the creation of a State Plan for Children’s Mental and Behavioral Health Services

Budget News

The House and Senate quickly agreed on the Amended FY16 budget and sent it to Deal for review on Feb. 18.

The House passed its version of the $23.7 billion FY17 budget on Feb. 19, which included an additional $159,000 for Georgia Family Connection to restore $1,000 to each county Collaborative. If passed by the Senate and signed by Deal, the change will set each Collaborative’s appropriation at $47,000 for FY17.

Other highlights from the House’s version of the FY17 budget include:

Department of Community Health (DCH)

  • In Health Care Access and Improvement, $500,000 was added for community start-up grants for two Federally Qualified Health Centers in Jackson and Jenkins counties.
  • Also in Health Care Access and Improvement, $250,000 was added for Champions for Children, which helps with expenses for children with medical concerns who do not qualify for the “Katie Beckett” Tax Equity and Fiscal Responsibility Act waiver.
  • In Aged, Blind, and Disabled Medicaid, $1.36 million was added in state funds ($4.24 million total) to increase reimbursement rates for occupational and physical therapy providers within the Medicaid Children’s Intervention Services program.
  • In Low-Income Medicaid, $26.2 million was added ($81.4 million total) to increase reimbursement provider rates for primary care and OB/GYN medical providers to 100 percent of 2014 Medicare provider levels. Language was also added requiring Care Management Organizations to pass these increased rates on to contracted providers.
  • Also in Low-Income Medicaid, DCH is directed to evaluate cost-saving measures through accurate diagnosis of Attention Deficit Hyperactivity Disorder and report back to the Georgia General Assembly by Jan. 1, 2017.

Department of Education (DOE)

  • $150,000 was added to Communities in Schools to increase funds for local affiliates.
  • $912,932 was added for a 3-percent salary adjustment for school nurses. Funds were also added for a 3-percent salary adjustment for school bus drivers and school lunchroom workers.
  • In Regional Education Service Agencies, $250,000 was added for Positive Behavioral Interventions and Supports trainers.

Department of Human Services (DHS)

  • In Child Support Services, $247,267 was added for 10 parent accountability court coordinator positions.
  • In Child Welfare Services, $500,000 was added for Court Appointed Special Advocates to enhance statewide capacity.
  • $1.5 million was added to provide a $5 per hour increase for DFCS Special Attorneys Generals.
  • In Out-of-Home Care, $4.2 million was added for a 1.5-percent provider rate increase for child-caring institutions, child-placing agencies, and foster parents and relative providers.

Department of Public Health (DPH)

  • $100,000 was added to support additional staffing needs at the Georgia Poison Control Center.
  • In Infant and Child Essential Health Treatment Services, a proposed cut of $50,000 to the Georgia Comprehensive Sickle Cell Center was restored.
  • In Public Health formula grants to counties, the House reduced funding for the phase-in of the new grant-in-aid formula from $2.12 million to $1.38 million. The Governor’s budget proposed completing the phase-in in six years, during FY17, but the House appropriated funds for the sixth year of a seven-year phase-in.

Schedule

Legislators are scheduled to be in session Monday through Friday this week. The House and Senate previously passed an adjournment resolution establishing the legislative calendar through the end of session.


Legislation

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HB 722 (Rep. Allen Peake, 141st) legalizes additional forms of medical marijuana in addition to cannabis oil and broadens the list of qualifying conditions that can be treated by cannabis. The bill also allows for up to six instate manufacturers of medical cannabis.
Status: The bill is assigned to the House Judiciary Non-Civil Committee, which has held several hearings. A vote on the bill was scheduled for Feb. 22.

HB 727 (Rep. Paul Battles, 15th) amends legislation passed last year allowing the sale and use of fireworks in Georgia by limiting the hours of use from 10 a.m. to 10 p.m. Exceptions provided for in the bill include New Year’s Eve and the Fourth of July, when fireworks can be used until 1 a.m. and midnight, respectively. Under the current law that went into effect in 2015, fireworks can be used until 2 a.m. throughout the year. SB 369 (Sen. Jeff Mullis, 53rd) is a similar bill, and HB 774 (Rep. Alex Atwood, 179th) is another similar bill, but provides for local government regulation of the use of fireworks.
Status of HB 727: The bill is assigned to the House Regulated Industries Committee and is scheduled for a hearing on Feb. 23.
Status of HB 774: The bill is assigned to the House Public Safety and Homeland Security Committee.
Status of SB 369: The bill is assigned to the Senate Public Safety Committee, which was scheduled to hear the bill on Feb. 22.

HB 777 (Rep. Mike Dudgeon, 25th) allows school bus drivers to use cell phones while the bus is in motion for live communication with school or public safety officials.
Status: The House passed the bill by committee substitute on Feb. 18. The substitute version clarifies that bus drivers cannot use cell phones except for live communication with school or public safety officials and only if the driver remains seated with a safety belt. The bill is now assigned to the Senate Public Safety Committee.

HB 873 (Rep. David Clark, 98th), the Sudden Cardiac Arrest Prevention Act, requires the DOE to develop guidelines and other relevant materials to inform students participating in athletic activities and their parents of the risks and warning signs of cardiac arrest.
Status: The bill is assigned to the House Education Committee. The Subcommittee on Academic Support heard the bill on Feb. 16, but no vote was taken.

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HB 135 (Rep. Henry “Wayne” Howard, 124th) prohibits the suspension of Pre-K and kindergarten students, except when a student has caused or threatened serious bodily harm or is in possession of, or furnished others with, a weapon.
Status: A House Education subcommittee heard and tabled the bill during the 2015 session. The bill was scheduled for discussion in the Academic Support Subcommittee on Feb. 22.

HB 614 (Rep. Valencia Stovall, 74th), the Landon Dunson Act, creates a pilot program for placing monitoring cameras in school classrooms that provide special education services.
Status: The House Education Committee passed the bill by substitute on Feb. 4, and it was sent to the House Rules Committee. The bill was sent back to the House Education Committee due to an objection to setting up another pilot program. An amended bill that removed the word “pilot” and made the cameras an option authorized by the DOE was passed and is now back in the House Rules Committee.

SB 281 (Sen. William Ligon, 3rd) requires schools to provide information to students and parents prior to using interactive digital learning platforms, including video games that collect and analyze student data. The bill prohibits the use of digital learning platforms unless they include a portal or other mechanism that allows parental access to the platform and all content available to students. Parents may also opt out of the instruction.
Status: The bill is assigned to the Senate Education and Youth Committee and was scheduled for discussion on Feb. 22.

SB 310 (Sen. William Ligon, 3rd), the Transparency in Education Act, prohibits the implementation of any competitive grant over $20 million pertaining to or affecting Pre-K–12th grade education until ratified by the Georgia legislature.
Status: The bill is assigned to the Senate Education and Youth Committee and was scheduled for discussion on Feb. 22.

SB 328 (Sen. Emanuel Jones, 10th) addresses alternative education programs and disruptive students. The bill provides that, except in the case of serious offenses, the duration of assignment to an alternative education program cannot exceed the remainder of the semester in which the student is suspended or expelled and the following semester. Serious offenses identified by the bill include physical assault, bullying, and possession of drugs or alcohol. Any student may opt to remain in an alternative education program.
Status: The bill is assigned to the Senate Education and Youth Committee, which was scheduled to hear the bill on Feb. 22.

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HB 710 (Rep. Scot Turner, 21st) and HB 768 (Rep. Lee Hawkins, 27th) establish a qualified Achieving a Better Life Experience (ABLE) program in Georgia, allowing eligible individuals to contribute to tax-exempt accounts to pay for qualified expenses related to disabilities.
Status of HB 710: The bill is assigned to the House Ways and Means Committee and was scheduled for a hearing in the Income Tax Subcommittee on Feb. 1.
Status of HB 768: The House Ways and Means Committee passed the bill on Feb. 16, and it is now assigned to the House Rules Committee.

HB 847 (Rep. David Clark, 98th) redesignates current Georgia law regarding public assistance fraud from Title 49 of the Georgia Code (Social Services) to Title 16 (Crimes and Offenses). The bill also updates terminology on food stamps to include new forms of providing public assistance, including electronic benefits cards.
Status: The House Committee passed the bill on Feb. 18, and it is now assigned to the Senate Health and Human Services Committee.

HB 887 (Rep. Chuck Efstration, 104th) prioritizes placing children with relatives following a termination of parental rights and requires efforts to place siblings together.
Status: The bill is assigned to the House Juvenile Justice Committee and was scheduled for discussion on Feb. 22.

HB 934 (Rep. Tom Kirby, 114th) authorizes the DHS to provide a separate link or website portal to provide kinship caregivers with information and access necessary to apply for public assistance benefits on behalf of children in their care.
Status: The bill was scheduled for discussion in the House Human Relations and Aging Committee on Feb. 22.

HB 962 (Rep. Stacey Abrams, 89th) creates the position of kinship care enforcement administrator within the DHS. This administrator will ensure compliance with all federal and state laws, rules, and regulations related to pilot programs, subsidies, or benefits available to kinship caregivers or children within their care.
Status: The bill was scheduled for discussion in the House Juvenile Justice Committee on Feb. 22.

HB 963 (Rep. Stacey Abrams, 89th) provides for non-legal custodians to give legal consent for a child in his or her physical custody to receive medical care or education services.
Status: The bill was scheduled for discussion in the House Juvenile Justice Committee on Feb. 22.

HB 974 (Rep. Mary Margaret Oliver, 82nd) allows for a DFCS or DHS employee to sign an application for an instructional permit or driver’s license for an applicant committed to the care and custody of DHS. The employee will not be subject to any civil liability, penalty, licensing sanction, or other detrimental action for signing an application.
Status: The bill is assigned to the House Juvenile Justice Committee, and it is scheduled for discussion in the Ballinger Subcommittee on Feb. 23.

HB 1006 (Rep. David Clark, 98th) directs DHS to enter into a competitively bid contract to provide verification of initial and ongoing eligibility data for food stamp benefits. Under the bill, cash assistance to a non-minor recipient is limited to a lifetime maximum of 12 months, the lottery corporation is responsible for providing information to DHS about individuals who claim winnings over $1,000, and penalties are provided for individuals who violate certain requirements.
Status: The bill is assigned to the House Health and Human Services Committee.

SB 242 (Sen. Michael Williams, 27th), the Family Care Act, allows workers in businesses with 10 or more employees to use up to five days of earned sick leave to care for immediate family members. HB 746 (Rep. Tommy Benton, 31st) is a similar bill in the House.
Status of SB 242: The Senate Health and Human Services Committee passed the bill on Feb. 8, and it is now assigned to the Senate Rules Committee.
Status of HB 746: The bill is assigned to the House Industry and Labor Committee.

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HB 684 (Rep. Chuck Martin, 49th) allows dental hygienists to work under the supervision of dentists in safety-net health care settings, such as public health departments and Federally Qualified Health Centers, in order to improve access to dental screenings and cleanings in areas where there aren’t enough dentists or dentists who are Medicaid providers. SB 248 (Sen. Valencia Seay, 34th) is a similar bill in the Senate.
Status of HB 684: The House Health and Human Services Committee passed the bill on Feb. 16, and it is now assigned to the House Rules Committee.
Status of SB 248: The Senate Health and Human Services Committee passed the bill on Feb. 8, and it is now assigned to the Senate Rules Committee.

HB 725 (Rep. Wes Cantrell, 22nd) extends the presumption of confidentiality of child abuse records to child advocacy centers.
Status: The bill is assigned to the House Juvenile Justice Committee. The Ballinger Subcommittee passed a substitute version of the bill on Feb. 18, which clarifies the definition of “child advocacy center” and addresses concerns raised by judges and prosecuting attorneys. The bill is now back before the full committee, and is scheduled to be heard on Feb. 23.

HB 763 (Rep. Penny Houston, 170th) removes the sunset provision for the sales tax exemption currently provided for food sales to food banks.
Status: The House Ways and Means Committee passed a substitute version of the bill on Feb. 17. While the original bill sought to remove the sunset provision entirely, the substitute version extends the sunset date until June 30, 2021.

HB 825 (Rep. Earnest Smith, 125th) requires that the Department of Defense Family Advocacy Program be notified when there is a report of child abuse by a military parent or guardian.
Status: The bill is assigned to the House Juvenile Justice Committee, which was scheduled to discuss the bill on Feb. 22.

HB 859 (Rep. Rick Jasperse, 11th), referred to as the Campus Carry Bill, allows students 21 years and older to carry a gun on postsecondary campuses. Students must be a licensed gun owner, keep the weapon concealed, and are not allowed in student housing—including fraternity and sorority houses—or at sporting events while armed.
Status: The House Public Safety and Homeland Security Committee passed the bill on Feb. 17, and it was scheduled for a vote on the House floor on Feb. 22.

HB 874 (Rep. Bert Reeves, 34th) amends the juvenile code to prohibit recruitment of street gang members and increases mandatory minimum sentences for criminal street gang activity.
Status: The House Judiciary Non-Civil Committee passed the bill on Feb. 18, and it is now assigned to the House Rules Committee.

HB 905 (Rep. Mandi Ballinger, 23rd) updates guidelines and requirements for local child abuse protocol committees and requires the establishment and maintenance of a central child abuse registry.
Status: The House Judiciary Non-Civil Committee passed the bill on Feb. 18, and it is now assigned to the House Rules Committee.

HB 915 (Rep. Andrew Welch, 110th) requires criminal records checks for owners and employees of all child-caring institutions, child-placing agencies, children’s transition care centers, and maternity homes. The bill also directs DHS to develop a public scorecard to grade child welfare agencies.
Status: The bill is assigned to the House Health and Human Services Committee and was scheduled for discussion on Feb. 22.