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May 21, 2003
6101 Yellowstone Road, Room 259B
Cheyenne, Wyoming
Dan Wilde, Attorney General's Office, Chairman;
Representative George Bagby;
Governor's Appointees:
Division of Behavioral Health, Dr, Pablo Hernandez, M.D.
Wyoming Association of Sheriffs and Chiefs: Ric Paul
Department of Education: Kathy Wilder.
John Rivera, Senior Staff Attorney.
Please refer to Appendix 1 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
None.
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.
Chairman Wilde called the meeting to order at 8:35 a.m. and a roll call was taken at that time. The following sections summarize the Committee proceedings by topic.
Chairman Wilde explained how the Subcommittee would be considering topics at the meeting, including reviewing changes that were proposed previously by the Title 14 Review Committee and consideration of the issues this Subcommittee would select for further consideration. He asked members of the Subcommittee to make suggestions for consideration.
Dr. Hernandez expressed concern about the lax entrance process for juveniles to be admitted into the Wyoming State Hospital, stating that many of those placements are unnecessary. Some placements are overly restrictive, a poor use of state facilities and violative of the juvenile's rights. Any amendment to statutes should address system processes, with the State Hospital being the placement of last resort. A child and family ombudsman program may be helpful. Chairman Wilde suggested the guardian ad litem process can perform that function.
Ms. Marilyn Patton, Division of Behavioral Health, advised the Department of Health and other state agencies are attempting to change the focus from Children in Need of Supervision (CHINS) to families in need of services to address the environmental problems that affect the child's behavior. Some concerns relate to the sharing of information as limited by the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA). Those federal acts should not be a barrier to the sharing of information for treatment purposes. She stated that family support groups are always scrambling for a stable source of funding and the Subcommittee could explore establishing stable funding for those programs.
Ms. Donna Sheen, Department of Family Services (DFS), stated that regardless of the type of action brought, similar services could be provided to a juvenile, with the possible exception that mental health services may be more difficult to provide under a CHINS action. Chairman Wilde requested that Ms. Sheen provide the DFS Program Improvement Plan by the next meeting of the Subcommittee. She and Ms. Patton discussed the issues raised by the proposal for a state level multidisciplinary team (MDT).
After discussion of the Title 14 Review Committee's proposed statutory changes, Chairman Wilde listed the issues that the Subcommittee may want to prioritize for review at the next meeting. Those topics include:
After the presentation of the enumerated topics for consideration, the Subcommittee discussed which topics it would review at its next meeting. The Subcommittee agreed that the proposed changes to W.S. 14-3-402(a)(xix), relating to the definition of "judicial officer", and W.S. 14-3-409, timelines for court proceedings regarding taking a child into custody, should be transferred to the Legal Process Subcommittee for consideration.
After discussion of the Title 14 Review Committee's proposed changes to the composition of multidisciplinary teams, staff was requested to draft a letter to Mr. Scott Sargent, Lincoln County Attorney, asking if he would be willing to poll members of the Wyoming County and Prosecuting Attorneys Association to see if they would have a unified position on whether the prosecuting attorney should be a mandatory or permissive member of the MDT.
Chairman Wilde asked members to draft suggested language if they wanted the Subcommittee to consider changes to proposed language it has reviewed at this meeting. He wanted members to also review the central registry provisions and bring proposals for change at the next meeting.
With respect to child care facilities, Chairman Wilde stated the Subcommittee could consider W.S. 14-4-112 and 14-4-114, but any other issues relating to child care facilities should be presented by DFS rather than by the Select Committee on Juveniles.
The Subcommittee discussed whether W.S. 14-6-219 should be considered in conjunction with a proposal presented from a voluntary group of interested parties in an effort to develop community based alternatives to placement at the State Hospital. Chairman Wilde advised that some consideration has been given to providing additional staff within the Attorney General's Office to review cases that involve excessively long-term placements. He stated that legislation may be needed to require waivers and collaboration. The Subcommittee agreed that the proposed state level MDT should be renamed to avoid some of the unnecessary issues related to the purpose and functions of that entity. Members were requested to provide suggestions on an inter-agency children's collaborative.
After considering the penalties for failure to report, or false reporting of, child abuse or neglect, the Subcommittee agreed to consider the penalties for reporting of abuse or neglect, exempting the reporting of child abandonment as provided by 03SF0142. The Subcommittee declined to present the proposed language relating to a penalty for false reporting.
There being no further business, Chairman Wilde adjourned the meeting of the Committee at 3:00 p.m.
Respectfully submitted,
Dan Wilde, Senior Assistant Attorney General,
Chairman