TCCY Legislative Impact Statements Specific to TCCY February 17 by dandanhuanghuang


									                                         STATE OF TENNESSEE
                                     Andrew Johnson Tower, Ninth Floor
                                        710 James Robertson Parkway
                                      Nashville, Tennessee 37243-0800
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                             TCCY Legislative Impact Statements
                                    Specific to TCCY
                                    February 17, 2012

                          Appointment of TCCY Executive Director
                           SB 2249 (Norris)/HB 2387 (McCormick)

TLS Bill Summary: Reorganization of governmental agencies and other entities. Revises
various provisions governing the structure of certain state agencies, committees, boards and
commissions. Decreases from 17 to 12 the size of the board of directors for the Duck River
Development Agency. Authorizes the commissioner of environment and conservation to appoint
an executive director to carry out the purposes of the Tennessee Heritage Conservation Trust
Fund Act of 2005. (Part of Administration Package 2012)

Changes in Current Law: Section 19 on pages 8 and 9 of the printed bill changes appointment
authority in TCA 37-3-104 for the executive director of the Tennessee Commission on Children
and Youth (TCCY) from the Commission members to the governor. As a result of this
legislation, the executive director of TCCY would be appointed by and serve at the pleasure of
the governor rather than the members of the Commission, who are appointed by the governor to
staggered three year terms.

Impact of Legislation: There has been a statutory Commission on Children and Youth by
various names since 1955. Throughout its history, the appointment authority for the executive
director of the Commission has varied between the governor and the Commission members.
Since the last major statutory change creating the present Tennessee Commission on Children
and Youth in 1988, the executive director has been appointed by the commission, answerable to
the commission, and subject to removal by a majority of the Commission members, the hiring
authority by statute.

The executive director serves at the pleasure of the Commission, and this has insulated the
director from controlling influence by the governor. The check or balance is in the fact that the
governor appoints the Commission members. The proposed amendment would make the
executive director answerable to the governor, and not the Commission.

There is value in the executive director having a direct link to the governor and the opportunity
to “be at the table” as policy is made and voice the best interests of children in that arena.
However, once a decision is made, the voice of the executive director would be limited to the
policy decision made by the governor, regardless of the position the Commission members might
wish to take on an issue. This would not only be true in the unlikely event a governor advocated
a policy that did not reflect best practice, it would also be true if a governor chose not to have
any position on a critical pending policy issue, as the Commission has experienced with previous
administrations. The Commission would be constrained in efforts to pull together partners and
implement data driven advocacy for best practice and best interests of children.

For the past quarter century, there have been strong collaborative and cooperative relationships
between the Commission and the governor and his cabinet. The independence of the
Commission has been beneficial for both the Commission and for administrations. When
governors have had major policy initiatives supported by the Commission, the independent voice
of the Commission is a validation of the quality of those initiatives. And when there has been
disagreement, the quality of the discussion and debate has been civil, non-partisan, constructive
and beneficial, and the ultimate outcome has been in the best interests of Tennessee children.

In order to effectively advocate for children and families, the executive director and the
Commission members should remain free from the burdens of partisan politics, free to make
agency decisions and support positions that might be contrary to positions preferred by the
governor's office. Additionally, the independence of the Commission and its executive director
provides continuity for good public policy for Tennessee children when there are changes in
governors and the typically accompanying changes in commissioners of the state departments
serving children.

TCCY Position: OPPOSE. TCCY opposes Section 19 of SB 2249/HB 2387 changing the
appointing authority for the executive director of the Commission on Children and Youth from
the members of the Commission to the Governor. For almost a quarter of a century TCCY has
operated outside the bonds of partisan politics. Decisions of the executive director or the
Commission have never been made with concern for being politically popular. Should this bill
become law, TCCY will no longer be an independent state agency able to advocate for families
and children. This independence has been the foundation of the agency, along with its credibility
focused solely on best interests of children, and consequently its ability to serve as a focal point
for collaborative efforts bringing together diverse partners to improve outcomes for Tennessee
children. This legislation would have a chilling effect upon exercising independent thought and
advocacy across the executive, legislative and judicial branches, all in the best interests of
ensuring Tennessee children have opportunities to be safe, healthy, supported and nurtured, and
engaged in constructive activities for future success.

                                   Second Look Commission
                                 SB 2316 (Bell)/HB 2538 (Cobb)

TLS Bill Summary: Extends the Second Look commission until June 30, 2017.

Additional Summary Clarification: The Second Look Commission is due to expire on June 30,
2012. This bill simply extends the commission to June 30, 2017.
Impact of Legislation: The Second Look Commission (SLC) was created in 2010 by Public
Chapter 1060 (codified as TCA §37-3-801 et seq.) as a unique entity with a single purpose: to
make findings and recommendations regarding whether severe abuse cases are handled in a
manner that provides adequate protection for the children of Tennessee. The SLC is the only
entity that brings together representatives of all key stakeholders in the child protection system in
Tennessee: members of the General Assembly, Department of Children’s Services (DCS), law
enforcement (including the Tennessee Bureau of Investigation and officers from urban and rural
areas), district attorneys general, public defenders, courts, child advocacy centers, a physician
who specializes in child abuse detection, and other children’s advocates. The SLC is the vehicle
for representatives of these key groups to meet together to review cases and identify strategies
for improving child protection in Tennessee.

The SLC reviews the worst incidents of child abuse in Tennessee, excluding child fatalities.
State and Local Child Fatality Review Teams review all child fatalities in Tennessee, not just
those resulting from abuse or neglect. Only the Second Look Commission reviews cases of
children from all across the state who have experienced a second or subsequent incidence of
severe abuse to identify ways to improve the system and help other children avoid a similar fate.
Special, concentrated efforts must also be devoted to analyzing and responding to the tragedy of
child abuse.
The issues regarding severe child abuse cannot be adequately addressed by DCS, TCCY, Child
Advocacy Centers, law enforcement or any one organization, or community agency or
individual. All stakeholders must come together to address this societal problem in a
coordinated and concerted manner. In part, the SLC was created to help bring these stakeholders
together to address the issues regarding severe child abuse.

Through its coordinated and concerted efforts and its findings and recommendations, the SLC
will improve child protection in Tennessee. The proposed legislation will help prevent
Tennessee’s children from experiencing the worst types of child abuse.

TCCY Position: SUPPORT – The future prosperity of any society depends on its ability to
foster the health and well-being of the next generation. When a society invests wisely in children
and families, the next generation will pay that back through a lifetime of productivity and
responsible citizenship.
The basic architecture of the human brain is constructed through an ongoing process that begins
before birth and continues into adulthood. Like the construction of a home, the building process
begins with laying the foundation, framing the rooms and wiring the electrical system in a
predictable sequence. Early experiences literally shape how the brain gets build; a strong
foundation in the early years increases the probability of positive outcomes. A weak foundation
increases the odds of later difficulties.
Chronic stressful conditions such as extreme poverty, child abuse or maternal depression – what
scientists now call “toxic stress” – can also disrupt the architecture of the developing brain. This
can lead to lifelong difficulties in learning, memory and self-regulation.
Preventing child abuse and intervening effectively when it first occurs are keys to avoiding
lifelong negative consequences from child abuse. Cases reviewed by the Second Look
Commission make it abundantly clear that there are gaping holes in the systems responding to
child maltreatment in Tennessee. As a state, we can and we must identify and implement
strategies to ensure children who experience severe abuse, who are among the most vulnerable
Tennesseans, receive the protection and remediation assistance they deserve.

TCCY supports legislation that helps identify and implement strategies to protect children from
severe child abuse and assist with remediation assistance for those who experience severe child
abuse. In its first year of existence, the SLC has identified strategies to protect children from
severe child abuse and identified needed areas of assistance for those children who have
experienced severe child abuse. However, identifying strategies and areas of assistance are just
the beginning of improving how severe child abuse cases are handled. TCCY supports the
continuation of the SLC and its ongoing work.

                    Children’s Program Outcome Review Team (CPORT)
                                    Appropriations Bill

Appropriations Recommendation: Eliminate the Children’s Program Outcome Review
Team. CPORT examines programs serving children at risk of entering or currently in state
custody. ($1,509,100, 19 positions).

TCCY Position: OPPOSE – The Tennessee Commission on Children and Youth opposes
elimination of and supports restoration of funding for the Children’s Program Outcome Review
Team (CPORT). CPORT provides the only annual, independent quality service review of a
statistically valid random sample of cases of children in or at risk of state custody. This is an
important mechanism for improving practice in the provision of services for some of the most
vulnerable children in Tennessee. CPORT has made significant contributions to improving
outcomes for children, but there is still substantial room for ongoing improvement. The CPORT
process is in the best interests of Tennessee children as it provides accurate, unbiased data and
recommendations for continual improvements in services for children in or at risk of state
custody. . The Commission has asked staff to pull together additional information highlighting
the positive impact of CPORT and to distribute the information as it is prepared.

                      State Supplements for Improving Juvenile Courts
                           SB 3771 (Norris)/HB 3839 (McCormick)

TLS Bill Summary: Statutory changes required for implementation of the annual appropriations

Changes in Current Law: Section 1 of the legislation changes the provisions in TCA 37-1-162
relative to the state supplements for juvenile courts administered by TCCY from “shall” to
“may” regarding supplements provided to the counties for improvement of juvenile court
services administered by the Commission on Children and Youth and provides they will be
available “if funds for such purpose are appropriated in the general appropriations act.”

Impact of Legislation: The legislation would make the provision of state supplements to
juvenile courts from the Commission subject to whether or not they are in the appropriations act.
These funds are interdepartmental to the Commission from the Department of Children’s
Services (DCS). It has been reported DCS Commissioner Kathryn O’Day has “assured” the
juvenile court judges each county will continue to receive these funds, but they will be
administered directly from DCS rather than TCCY.

FILED – TCCY is very supportive of the juvenile courts receiving the state supplements
regardless of where they are administered. However, TCCY strongly recommends and supports
amending the legislation to provide that the supplements for juvenile courts should be
administered by DCS rather than TCCY.

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