GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 950

Short Title:  State Child Protection Act/Funds.	(Public)
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Sponsors: Senators Walker; Allran, Ballance, Blackmon, Block, Carpenter, Carter, Cochrane, Conder, Cooper, Daniel, Daughtry, Forrester, Hartsell, Hunt, Hyde, Kincaid, Lee, Martin of Guilford, Marvin, Odom, Perdue, Plexico, Pollard, Royall, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Staton, Tally, Ward, and Warren.
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Referred to:  Human Resources.
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May 14, 1991

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE NORTH CAROLINA CHILD PROTECTION ACT OF 1991 AND TO APPROPRIATE FUNDS.
The General Assembly of North Carolina enacts:
Section 1.  This act may be known and cited as the North Carolina Child Protection Act of 1991.

––-PART I.  CHILD FATALITY PREVENTION

Sec. 2.  Chapter 143 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 62.
"North Carolina Child Fatality Review Team; North Carolina
Child Fatality Task Force and Study.
"§ 143-571.  Declaration of public policy.
The General Assembly finds that it is the public policy of this State to prevent child deaths.  The General Assembly further finds that the prevention of child deaths is a community responsibility; that professionals from disparate disciplines have responsibilities for children and have expertise that can promote child safety and well-being; and that multidisciplinary reviews of child deaths can lead to a greater understanding of the causes and methods of preventing these deaths.  It is, therefore, the intent of the General Assembly, through this Article, to establish a multidisciplinary task force to study the incidence and causes of child deaths and to develop a mechanism for multidisciplinary child death reviews.  It is further the intent of the General Assembly that the task force, based upon its study and its expertise, make recommendations to the General Assembly and the Governor for changes to law, rule, and policy that will support the safe and healthy development of our children.  It is also the intent of the General Assembly to establish a State Child Fatality Review Team to review certain child deaths.
"§ 143-572.  Definitions.
The following definitions apply in this Article:
(1)	Local team.  A local multidisciplinary child abuse and neglect review team established for a county.
(2)	State Team.  The North Carolina Child Fatality Review Team.
(3)	Task Force.  The North Carolina Child Fatality Task Force.
"§ 143-573.  Task Force - creation; membership; vacancies.
(a)	There is created the North Carolina Child Fatality Task Force within the Department of Environment, Health, and Natural Resources for budgetary purposes only.
(b)	The Task Force shall be composed of 24 members, 11 of whom shall be ex officio members, three of whom shall be appointed by the Governor, and eight of whom shall be appointed by the General Assembly, four upon recommendation of the Speaker of the House of Representatives and four upon recommendation of the President Pro Tempore of the Senate.  The ex officio members other than the Chief Medical Examiner may designate representatives from their particular departments, divisions, or offices to represent them on the Task Force. The members shall be as follows:
(1)	The Chief Medical Examiner;
(2)	The Attorney General;
(3)	The Director of the Division of Social Services;
(4)	The Director of the State Bureau of Investigation;
(5)	The Director of the Division of Maternal and Child Health of the Department of Environment, Health, and Natural Resources;
(6)	The Director of the Governor's Youth Advocacy and Involvement Office;
(7)	The Superintendent of Public Instruction;
(8)	The President of the State Board of Education;
(9)	The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services;
(10)	The Secretary of the Department of Human Resources;
(11)	The Secretary of the Department of Environment, Health, and Natural Resources;
(12)	A director of a county department of social services appointed by the Governor upon recommendation of the President of the North Carolina Association of County Directors of Social Services;
(13)	A representative from a Sudden Infant Death Syndrome counseling and education program appointed by the Governor upon recommendation of the Director of the Division of Maternal and Child Health of the Department of Environment, Health, and Natural Resources;
(14)	A representative from the North Carolina Child Advocacy Institute appointed by the Governor upon recommendation of the President of the Institute;
(15)	A representative from a private group, other than the North Carolina Child Advocacy Institute, that advocates for children, appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives upon recommendation of private child advocacy organizations;
(16)	A pediatrician, licensed to practice medicine in North Carolina, appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives upon recommendation of the North Carolina Pediatric Society;
(17)	A representative from the North Carolina League of Municipalities appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives upon recommendation of the League;
(18)	Two public members appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives;
(19)	A county or municipal law enforcement officer appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate upon recommendation of organizations that represent local law enforcement officers;
(20)	A district attorney appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate upon recommendation of the President of the North Carolina Conference of District Attorneys;
(21)	A representative from the North Carolina Association of County Commissioners appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate upon recommendation of the Association; and
(22)	Two public members appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate;
(c)	All members of the Task Force are voting members. Vacancies in the appointed membership shall be filled by the appointing officer who made the initial appointment.  The Speaker of the House of Representatives shall call the first meeting no later than October 1, 1991.  At the first meeting the members shall elect a chair who shall preside for the duration of the Task Force.
"§ 143-574.  Task Force - duties.
The Task Force shall:
(1)	Undertake a statistical study of the incidence and causes of child deaths in this State during 1988 and 1989, and establish a profile of child deaths.  The study shall include (i) an analysis of all community and private and public agency involvement with the decedents and their families prior to death, and (ii) an analysis of child deaths by age, cause, and geographic distribution;
(2)	Develop a system for multidisciplinary review of child deaths.  In developing such a system, the Task Force shall study the operation of existing local teams.  The Task Force shall also consider the feasibility and desirability of local or regional review teams and, should it determine such teams to be feasible and desirable, develop guidelines for the operation of the teams.  The Task Force shall also examine the laws, rules, and policies relating to confidentiality of and access to information that affect those agencies with responsibilities for children, including State and local health, mental health, social services, education, and law enforcement agencies, to determine whether those laws, rules, and policies inappropriately impede the exchange of information necessary to protect children from preventable deaths, and, if so, recommend changes to them;
(3)	Receive and consider reports from the State Team; and
(4)	Perform any other studies, evaluations, or determinations the Task Force considers necessary to carry out its mandate.
"§ 143-575.  State Team - creation; membership; vacancies.
(a)	There is created the North Carolina Child Fatality Review Team within the Department of Environment, Health, and Natural Resources for budgetary purposes only.
(b)	The State Team shall be composed of eight members of whom seven members are ex officio and one is appointed.  The ex officio members other than the Chief Medical Examiner may designate a representative from their departments, divisions, or offices to represent them on the State Team.
(1)	The Chief Medical Examiner, who shall chair the State Team;
(2)	The Attorney General;
(3)	The Director of the Division of Social Services;
(4)	The Director of the State Bureau of Investigation;
(5)	The Director of the Maternal and Child Health Division of the Department of Environment, Health, and Natural Resources;
(6)	The Superintendent of Public Instruction;
(7)	The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services; and
(8)	The pediatrician appointed pursuant to G.S. 143-573(b)(16) to the Task Force.
(c)	All members of the State Team are voting members.  Vacancies in the appointed membership shall be filled by the appointing officer who made the initial appointment.
"§ 143-576.  State Team - duties.
The State Team shall:
(1)	Review current deaths of children when those deaths are attributed to child abuse or neglect or when the decedent was reported as an abused or neglected juvenile pursuant to G.S. 7A-543 at any time before death; and
(2)	Report to the Task Force during the existence of the Task Force, in the format and at the time required by the Task Force, on the State Team's activities and its recommendations for changes to any law, rule, and policy that would promote the safety and well-being of children; and
(3)	Upon request of a local team, provide technical assistance to the team.
"§ 143-577. Task Force - reports.
(a)	The Task Force shall provide a preliminary report to the Governor and General Assembly, within the first week of the convening of the 1992 Session of the 1991 General Assembly.  This preliminary report shall contain at least a summary of preliminary conclusions and recommendations for each of the Task Force's duties, as well as any other recommendations for changes to any law, rule, and policy that it has determined will promote the safety and well-being of children. Any recommendations of changes to law, rule, or policy shall be accompanied by specific legislative or policy proposals and detailed fiscal notes setting forth the costs to the State.
(b)	The Task Force shall provide a final report to the Governor and General Assembly within the first week of the convening of the 1993 General Assembly.  The final report shall include final conclusions and recommendations for each of the Task Force's duties, as well as any other recommendations for changes to any law, rule, and policy that it has determined will promote the safety and well-being of children.  Any recommendations of changes to law, rule, or policy shall be accompanied by specific legislative or policy proposals and detailed fiscal notes setting forth the costs to the State.
(c)	After the Task Force provides its final report to the Governor and General Assembly, the Task Force shall cease to be in existence.
"§ 143-578.  Access to records.
The Task Force and State Team shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of this Article, including police investigations data, medical examiner investigative data, health records, mental health records, and social services records.  Task Force and State Team meetings are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes.  All otherwise confidential information and records acquired by the Task Force or State Team in the exercise of their duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the Task Force.  No member of the Task Force, State Team, or person who attends such a meeting may testify in any proceeding about what transpired at the meeting, about information presented at the meeting, or about opinions formed by the person as a result of the meetings.  This section does not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge.
"§ 143-579.  Administration; funding.
(a)	To the extent of funds available, the Chairs of the Task Force and State Team may hire staff or consultants to assist the Task Force and the State Team in completing their duties.
(b)	Members, staff, and consultants of the Task Force or State Team shall receive travel and subsistence expenses in accordance with the provisions of G.S. 138-5 or G.S. 138-6, as the case may be, paid from funds appropriated to implement this Article and within the limits of those funds.
(c)	With the approval of the Legislative Services Commission, legislative staff and space in the Legislative Building and the Legislative Office Building may be made available to the Task Force."
Sec. 3.  The Department of Environment, Health, and Natural Resources, the Department of Human Resources, the Department of Justice, and the State Board of Education shall adopt joint rules to ensure full cooperation of these departments and related local agencies with the work of the North Carolina Child Fatality Task Force and the North Carolina Child Fatality Review Team.
Sec. 4.  There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources the sum of $190,000 for the 1991-92 fiscal year and the sum of $165,000 for the 1992-93 fiscal year to implement this Article.  Of these funds, $100,000 for the 1991-92 fiscal year and $75,000 for the 1992-93 fiscal year shall be allocated to the North Carolina Child Fatality Task Force and $90,000 each fiscal year shall be allocated to the North Carolina Child Fatality Review Team.
––-PART II.  CHILD ABUSE, NEGLECT PREVENTION
Sec. 5. (a) There is appropriated from the General Fund to the Department of Human Resources, Division of Social Services, the sum of $5,000,000 for the 1991-92 fiscal year and the sum of $10,000,000 for the 1992-93 fiscal year to strengthen and expand the State and local services that protect children.
(b) Of the funds appropriated in subsection (a) of this section, $800,000 for the 1991-92 fiscal year and $1,000,000 for the 1992-93 fiscal year shall be used to strengthen the Division of Social Services' capacity for program development, oversight, and training for the Child Protective Services Program.  These funds may be used to employ additional staff to provide program guidance and technical assistance to county departments of social services and to expand training opportunities for county child protective services staff.
(c) Of the funds appropriated in subsection (a) of this section, $200,000 for the 1991-92 fiscal year shall be used for a contract for a comprehensive and systemwide study of child protective services in North Carolina.  The findings and recommendations of the study shall be presented to the 1991 General Assembly by May 1, 1991.
(d) Of the funds appropriated in subsection (a) of this section, $500,000 for the 1991-92 fiscal year and $1,000,000 for the 1992-93 fiscal year shall be used to expand the availability of intensive family preservation services for families where abuse or neglect or both abuse and neglect have been confirmed and where the children are at high risk for placement outside the home.
(e) Of the funds appropriated in subsection (a) of this section, $3,500,000 for the 1991-92 fiscal year and $8,000,000 for the 1992-93 fiscal year shall be allocated to county departments of social services beginning January 1, 1992, according to the following formula:
(1)	All county departments shall receive a base allocation of $10,000 for the 1991-92 fiscal year and $10,000 for the 1992-93 fiscal year.
(2)	The balance of the funds each year of the fiscal biennium shall be allocated to each county department based upon the percentage of the number of child abuse and neglect reports in that county compared to the total number of reports of child abuse and neglect statewide.  These percentages shall be computed from the reports received by the Division of Social Services' Central Registry of Abuse and Neglect for the last two fiscal years.
Funds allocated to county departments of social services pursuant to this subsection shall be used to provide additional staff to carry out investigations of reports of child abuse or neglect or to provide protective or preventive services in cases in which the department confirms neglect, abuse, or dependency.  However, if a county demonstrates to the Division of Social Services that it has adequate protective services staff, that county department may use these allocated funds to purchase or provide treatment or other support services to children and their families in confirmed cases of child abuse, neglect, or dependency.  All expenditures made by any county department of social services from funds allocated pursuant to this subsection shall be in direct support of the department's program of protective services for children.  These funds shall not be used to supplant any Social Services Block Grant funds or county appropriations budgeted for protective services for children.
The Department of Human Resources, Division of Social Services, shall establish guidelines and criteria to assure that the allocations to county departments of social services pursuant to this subsection are used in accordance with the intent and purpose of this subsection.
(f) The Division of Social Services shall prepare a report on the progress achieved in improving child protective services throughout the State.  The report shall include an analysis of county staffing patterns, future county staffing and funding requirements needed to meet the Division's recommended guidelines, and analysis of the barriers to recruitment and retention of county child protective services staff, and a summary of the Division's progress in implementing improvements to the State's training and oversight responsibilities.  The Division shall present this report to the 1991 General Assembly, to the Fiscal Research Division, and to the North Carolina Child Fatality Task Force established pursuant to Article 62 of Chapter 143 of the General Statutes by March 15, 1992.
Sec. 6.  This act becomes effective July 1, 1991.