Fy10 Human Services Committee Final Budget Report

C OMMITTEE

ON

H UMAN S ERVICES TOMMY WELLS, CHAIRPERSON

FISCAL YEAR 2010 COMMITTEE BUDGET REPORT

TO:

Members of the Council of the District of Columbia

FROM:

Councilmember Tommy Wells Chairperson, Committee on Human Services

DATE:

April 30, 2009

SUBJECT:

Report and Recommendations of the Committee on Human Services on the Fiscal Year 2010 Budget for Agencies under its Purview

The Committee on Human Services, having conducted hearings and received testimony on the Mayor’s proposed operating and capital budgets for Fiscal Year 2010 (FY10) for the agencies under its purview, reports its recommendations for review and consideration by the Committee of the Whole. The Committee also comments on several sections in the Fiscal Year 2010 Budget Support Act of 2009, as proposed by the Mayor. TABLE OF CONTENTS I.

CHAIRMAN’S INTRODUCTION……………………………………………………… 3

II.

SUMMARY A. Fiscal Year 2010 Agency Operating Budget Summary Table B. Fiscal Year 2010 Agency Full-Time Equivalent Table C. Fiscal Year 2010 Agency Capital Budget Summary Table D. Summary of Committee Budget Recommendations

5 7 9 10

AGENCY FISCAL YEAR 2010 BUDGET RECOMMENDATIONS A. Introduction B. Department of Human Services C. Child and Family Services Agency D. Department of Disability Services E. Department of Youth Rehabilitation Services F. Children’s Youth Investment Trust Corporation

20 21 41 60 74 85

III.

IV.

FISCAL YEAR 2010 BUDGET REQUEST ACT APPROPRIATION LANGUAGE RECOMMENDATIONS 88

V.

FISCAL YEAR 2010 BUDGET SUPPORT ACT RECOMMENDATIONS A. Recommendations on Budget Support Act Subtitles Proposed by the Mayor

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89

B.

1. Title V, Subtitle A. Grandparent Caregivers Extension Program (approve) 2. Title V, Subtitle E. DYRS Grant-Making Authority (disapprove) Recommendations for New Budget Support Act Subtitles 91 103

VI.

COMMITTEE ACTION AND VOTE

VII.

ATTACHMENTS 105 A. March 25, 2009 Fiscal Year 2010 DDS and DHS Budget Oversight Hearing Witness List and Testimony B. April 3, 2009 Fiscal Year 2010 CFSA Budget Oversight Hearing Witness List and Testimony C. April 6, 2009 Fiscal Year 2010 DTRS and CYITC Budget Oversight Hearing Witness List and Testimony

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I.

CHAIRMAN’S INTRODUCTION

Last year in this space, I wrote in my capacity as Chairman of the Committee on Human Services about the tragic case of Banita Jacks, whose four daughters, Brittany Jacks, Tatianna Jacks, N’Kiah Fogle and Aja Fogle were found on January 9, 2008, in their mother’s home – the apparent victims of homicide at the hands of their own mother. In examining the multiple contacts the Jacks family had with various District government agencies following their move to the city in December 2005, the Committee found shocking inefficiencies in the city’s safety net. We saw what happens when individuals and families fall through the cracks of that safety net, and how the result can literally mean the difference between life and death. Since the tragedy of the Jacks/Fogle family, last year we bore witness to the case of “Mr. Johnson,” who died in squalid conditions in his own apartment while awaiting services from the Department on Disability Services. Despite contact with the Adult Protective Services Agency, Mr. Johnson languished in his home without adequate care, and died, ironically, just days before he was finally approved to receive the services he had applied to receive, and had been waiting to receive, for many years. We have also seen case after case of young people committed to the custody of Department of Youth Rehabilitation Services falling through the cracks of that Agency’s case management system while committed to the custody and care of the agency, only to become victims of crime themselves, or, in some cases, becoming repeat offenders and suspects of violent criminal behavior. What these cases have in common is case management that failed to meet the needs of these individuals. We must ensure that we have quality case management in the District’s system of care and service delivery, and adequate funding to support quality case management. This is especially true as we move toward more community based services for persons who depend on our Human Services delivery system. The need is further accentuated in trying economic times when there is increased demand for services and simultaneous pressure to cut government spending. Our systems continue to be stretched thin. With this said, I am pleased that the budget recommendations that the Mayor sent to the Council at the very least maintains the majority of Human Services at last year’s funding levels. In addition, we welcome the President’s supplemental budget authority in the form of federal stimulus dollars, which will help us meet the needs of our most needy and vulnerable residents through difficult economic times. These funds will allow us to continue to meet the needs of individuals and families, even as we continue to make progress in the reform of our human services delivery agencies – reforms that share the common theme of strengthening “community-based services.” Examples we have seen are in the Homeless Services arena, as we have moved toward a Housing First approach. By the end of FY 2009, the District’s Department of Human Services (DHS) will have moved more than 655 individuals and families into permanent supportive housing units in the community. To date, my Committee has yet to receive any calls or complaints regarding the placement of these individuals. As of today, the Housing First program is enjoying a success rate in excess of the 85% success rates of the best comparable programs across the country. DHS should be commended for this effort.

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In the Disability Services arena, we have for the first time moved more clients into Home and Community-Based Waiver Services than there are in the more restrictive, more institutionalized, ICF/DD facilities. This is another significant step in the right direction for our Human Services system of care. In the Child and Family Services arena, we have seen the success of the co-location initiative initiated by the Agency this past year. CFSA’s FY 2010 budget request continues to support community-based services and supports for the children and families that enter its system of care. At the Department of Youth Rehabilitation Services (DYRS), the Agency will this year shut down the old Oak Hill facility and take another step toward exiting the more than 20-year-old Jerry M. case over deplorable conditions in our juvenile justice system. In order to fulfill this mandate, however, the Agency must shore up the supports and services it provides to young people who are placed in the community to serve out the duration of their commitments. While there has been some progress in this respect, the Agency has a long way to go to provide this Committee with assurances that its systems are up to the task, in a manner that protects the safety of the youth themselves, as well as of the public. While we are seeing signs of improvement in the human services area, the Mayor’s FY 2010 budget provides us with an opportunity to focus on areas such as improving communications among government agencies and private providers, to further strengthen the safety net. The most important safety net of all is strong community, and this budget continues to move us in the direction of strengthening our communities and neighborhoods as the most effective safety net for individuals and families in need of supports and services.

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II. A.

SUMMARY

FISCAL YEAR 2010 AGENCY OPERATING BUDGET SUMMARY TABLE (Dollars in Thousands)

FY 2007 FY 2008 FY 2009 Fund Type Actual Actual Approved Department of Human Services 272,198 137,874 168,882 Local Funds 0 0 0 Dedicated Taxes 3,763 2,776 2,800 Special Purpose 174,110 146,499 156,558 Federal Funds 71 66 91 Private Funds 35,731 29,557 11,514 Intra-District GROSS FUNDS 485,874 316,772 339,845 Child and Family Services Agency 181,226 274,265 196,825 Local Funds 0 0 0 Dedicated Taxes 750 1,188 750 Special Purpose 31,950 37,701 30,998 Federal Funds 152 309 23 Private Funds 72,102 20,174 61,960 Intra-District GROSS FUNDS 286,180 333,636 290,557 Department of Youth Rehabilitation Services 73,936 84,463 81,143 Local Funds 0 0 0 Dedicated Taxes 0 0 0 Special Purpose 0 0 0 Federal Funds 0 0 0 Private Funds 3,694 1,936 423 Intra-District GROSS FUNDS 77,630 86,399 81,566 Department on Disability Services 0 81,911 89,071 Local Funds 0 0 0 Dedicated Taxes 0 4,099 5,800 Special Purpose 0 21,934 26,083 Federal Funds 0 0 0 Private Funds 0 400 0 Intra-District GROSS FUNDS 0 108,344 120,955

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Percent Growth FY09 Approved FY 2010 Committee FY 2010 to FY10 Mayor Variance Committee Committee 153,027 0 2,725 156,271 0 11,515 323,538

350 0 0 0 0 0 350

153,377 0 2,725 156,271 0 11,515 323,888

-9.2% 0.0% -2.7% -0.2% -100.0% 0.0% -4.7%

213,083 0 750 58,203 22 12,025 284,083

(100) 0 0 0 0 0 (100)

212,983 0 750 58,203 22 12,025 283,983

8.2% N/A 0.0% 87.8% -4.3% -80.6% -2.3%

88,377 0 0 0 0 339 88,717

0 0 0 0 0 0 0

88,377 0 0 0 0 339 88,716

8.9% 0.0% #DIV/0! #DIV/0! #DIV/0! -19.9% 8.8%

66,540 0 6,200 26,923 0 0 99,663

100 0 0 0 0 0 100

66,640 0 6,200 26,923 0 0 99,763

-25.2% 0.0% 6.9% 3.2% #DIV/0! 0.0% -17.5%

Children and Youth Investment Collaborative 13,092 20,811 18,460 Local Funds 0 0 0 Dedicated Taxes 0 0 0 Special Purpose 0 0 0 Federal Funds 0 0 0 Private Funds 0 0 0 Intra-District GROSS FUNDS 13,092 20,811 18,460

9,520 0 0 0 0 0 9,520

700 0 0 0 0 0 700

10,220 0 0 0 0 0 10,220

-44.6% 0.0% #DIV/0! #DIV/0! #DIV/0! #DIV/0! -44.6%

Fund Type FY 2007 FY 2008 FY 2009 FY 2010 Committee FY 2010 Percent Growth Committee Revenue Actions (+ = Revenue Increase; - = Revenue Decrease) 0 0 0 0 0 0 Local Funds 0.0% 0 0 0 0 0 0 Dedicated Taxes 0.0% 0 0 0 0 0 0 Special Purpose 0.0% 0 0 0 0 0 0 Federal Funds 0.0% 0 0 0 0 0 0 Private Funds 0.0% 0 0 0 0 0 0 Intra-District 0.0% GROSS FUNDS 0 0 0 0 0 0 0.0% Fund Type FY 2007 FY 2008 FY 2009 FY 2010 Committee FY 2010 Percent Growth Inter-Committee Funding Transfers (+ = Transfer-In; - = Transfer Out) 0 0 0 0 1,050 1,050 Local Funds N/A 0 0 0 0 0 0 Dedicated Taxes 0.0% 0 0 0 0 0 0 Special Purpose 0.0% 0 0 Federal Funds 0 0 Private Funds 0 0 Intra-District GROSS FUNDS 0 0 NET COMMITTEE ACTION Local Funds 540,452 599,324 Dedicated Taxes 0 0 Special Purpose 4,513 8,063 Federal Funds 206,060 206,134 Private Funds 223 375 Intra-District 111,527 52,067 GROSS FUNDS 862,775 865,963

0 0 0 0 554,381 0 9,350 213,639 114 73,897 851,381

0 0 0 0 530,547 0 9,675 241,397 22 23,879 805,520

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0 0 0 1,050 1,050 0 0 0 0 0 1,050

0 0 0 1,050

0.0% 0.0% 0.0% N/A

531,597 0 9,675 241,397 22 23,879 806,570

-4.3% 0.0% 3.5% 13.0% -80.7% -67.7% -5.3%

B.

FISCAL YEAR 2010 AGENCY FULL-TIME EQUIVALENT TABLE

FY 2007 FY 2008 FY 2009 Fund Type Actual Actual Approved Department of Human Services 491.9 298.4 318.9 Local Funds 0.0 0.0 0.0 Dedicated Taxes 0.0 0.0 0.0 Special Purpose 888.5 761.4 590.3 Federal Funds 0.0 0.0 0.0 Private Funds 1.0 1.0 25.0 Intra-District GROSS FUNDS 1,381.4 1,060.8 935.1 Child and Family Services Agency 590.8 572.7 646.0 Local Funds 0.0 0.0 0.0 Dedicated Taxes 0.0 0.0 0.0 Special Purpose 102.0 85.9 116.0 Federal Funds 0.0 0.0 0.0 Private Funds 165.0 162.9 178.0 Intra-District GROSS FUNDS 857.8 821.4 940.0 Department of Youth Rehabilitative Services 544.3 522.7 656.0 Local Funds 0.0 0.0 0.0 Dedicated Taxes 0.0 0.0 0.0 Special Purpose 0.0 0.0 0.0 Federal Funds 0.0 0.0 0.0 Private Funds 0.0 0.0 0.0 Intra-District GROSS FUNDS 544.3 522.7 656.0 Department on Disability Services 0.0 304.2 257.2 Local Funds 0.0 0.0 0.0 Dedicated Taxes 0.0 0.0 0.0 Special Purpose 0.0 147.6 209.4 Federal Funds 0.0 0.0 0.0 Private Funds 0.0 0.0 0.0 Intra-District GROSS FUNDS 0.0 451.8 466.6

FY 2010 Mayor

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Percent Growth FY09 Approved Committee FY 2010 to FY10 Variance Committee Committee

268.1 0.0 0.0 603.7 0.0 20.0 891.8

0.0 0.0 0.0 0.0 0.0 0.0 0.0

268.1 0.0 0.0 603.7 0.0 20.0 891.8

-15.9% 0.0% #DIV/0! 2.3% 0.0% -20.0% -4.6%

611.0 0.0 0.0 281.0 0.0 0.0 892.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0

611.0 0.0 0.0 281.0 0.0 0.0 892.0

-5.4% 0.0% #DIV/0! 142.2% 0.0% -100.0% -5.1%

608.5 0.0 0.0 0.0 0.0 0.0 608.5

0.0 0.0 0.0 0.0 0.0 0.0 0.0

608.5 0.0 0.0 0.0 0.0 0.0 608.5

-7.2% 0.0% #DIV/0! 0.0% 0.0% 0.0% -7.2%

212.6 0.0 0.0 209.2 0.0 0.0 421.8

1.0 0.0 0.0 0.0 0.0 0.0 1.0

213.6 0.0 0.0 209.2 0.0 0.0 422.8

-17.0% 0.0% #DIV/0! -0.1% 0.0% 0.0% -9.4%

Chilrden and Youth Investment Trust Corporation 0.0 0.0 0.0 Local Funds 0.0 0.0 0.0 Dedicated Taxes 0.0 0.0 0.0 Special Purpose 0.0 0.0 0.0 Federal Funds 0.0 0.0 0.0 Private Funds 0.0 0.0 0.0 Intra-District GROSS FUNDS 0.0 0.0 0.0 NET COMMITTEE ACTION Local Funds 1,627.0 1,698.0 1,878.1 Dedicated Taxes 0.0 0.0 0.0 Special Purpose 0.0 0.0 0.0 Federal Funds 990.5 994.9 915.7 Private Funds 0.0 0.0 0.0 Intra-District 166.0 163.9 203.0 GROSS FUNDS 2,783.5 2,856.8 2,996.8

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0.0 0.0 0.0 0.0 0.0 0.0 0.0 1,700.2 0.0 0.0 1,093.9 0.0 20.0 2,814.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 1.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 1,701.2 0.0 0.0 1,093.9 0.0 20.0 2,815.1

0.0% 0.0% #DIV/0! 0.0% 0.0% 0.0% #DIV/0! -9.4% 0.0% 0.0% 19.5% 0.0% -90.1%

C.

FISCAL YEAR 2010 AGENCY CAPITAL BUDGET SUMMARY TABLE (Dollars in Thousands)

Mayor's Proposed Fiscal Year 2010-2015 Capital Budget, By Agency FY 2010 Project Name Department of Human DHS Services 3,653,570 Child and Family Services CFSA Agency 0 Department of Youth DRYS Rehabilitative Services 0 Department of Disability DDS Services 0 Children and Youth Investment Trust CYITC Corporation 0 3,653,570 AGENCY TOTAL Code

FY 2011

FY 2012

FY 2013

FY 2014

FY 2015

6-Year

0

0

0

0

0 3,653,570

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 0

0 0

0 0

0 0

0 0

0 0

Committee's Approved Fiscal Year 2010-2015 Capital Budget, By Agency Department of Human DHS Services 3,653,570 Child and Family Services CFSA Agency 0 Department of Youth DRYS Rehabilitative Services 0 Department of Disability DDS Services 0 Children and Youth Investment Trust CYITC Corporation 0

0

0

0

0

0 3,653,570

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

The Committee acknowledges that the Committee on Government Operations and the Environment has transferred $3,653,570 in Capital budget authority for “Homeless No More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the Department of Human Services (DHS). These funds are to be used to provide housing for the District’s families who are homeless.

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D.

SUMMARY OF COMMITTEE BUDGET RECOMMENDATIONS

The Committee recommends the following changes to the Mayor’s FY 2010 Budget Request: Department of Human Services 1. The Committee directs the District of Columbia Auditor to prepare a financial impact report measuring the government-wide savings produced by the District’s Housing First Program in such areas as emergency services, physical and mental health services, substance abuse services, personal safety, police services and incarceration. If it is found that the District has incurred net savings from the Housing First Program, the Committee urges that the Program be expanded and looks forward to discussing this expansion in future budget sessions. 2. The Committee acknowledges that the Committee on Government Operations and the Environment has transferred $3,653,570 in Capital budget authority for “Homeless No More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the Department of Human Services (DHS). These funds are to be used to provide housing for the District’s families who are homeless. 3. The Committee recommends a thorough re-evaluation of the performance of the Adult Protective Services agency (APS) during FY 2010, with careful consideration given to whether this function should remain a part of the DHS budget request in FY 2011. Careful consideration should be given to the possibility that the APS function should be transferred to an Agency with greater emphasis on long-term care and coordination with community-based providers, such as the Office on Aging or the Department of Health. 4. The Committee requests that the Department evaluate case management services provided to homeless individuals during the hypothermia season and develop a protocol that evaluates each resident's needs to help them emerge from homelessness. The Committee requests that the Department forward a copy of this protocol to the Committee as part of its annual Winter Plan during FY 2010. 5. The Committee requests that the Department implement specialized training of staff to improve the standards of living for residents of District funded facilities for homeless individuals. The Committee requests that the Department provide a report to the Committee at the beginning of each fiscal year on trainings conducted and the content of these trainings. 6. The Committee requests that the Department review its policies regarding entry to shelters when it is raining and consider allowing people to enter facilities at an earlier 10

time when it is raining or provide an awning for residents to wait under to be shielded from the rain. The Committee requests that the Department advise the Committee on its policies by the beginning of FY 2010. 7. The Committee requests that the Department develop a procedures manual for staff and residents with contingency procedures to be followed during emergencies. The Committee requests that the Department forward a copy of this procedures manual to the Committee by the beginning of FY 2010. 8. The Committee directs the Department to regularly assess security at all public shelters and develop a plan to improve security. The Committee requests that the Department forward a copy of this plan to the Committee by the beginning of FY 2010. 9. The Committee requests that the Department provide annual reports for each public shelter facility that includes all complaints and incidents and resolutions to these complaints and incidents. This report should be provided to the Committee at the beginning of each fiscal year and can be consolidated with the report on trainings conducted to improve standards of living at the facilities (see Paragraph 5). 10. The Committee understands that there is a tracking system of homeless individuals and families that comports with the statutory requirements of D.C. Code § 4-753.02(d). However, the Committee is concerned that there is a lack of transparency regarding this information. Currently, the Department is not sharing the information with the public despite the fact that there is no legal limitation to sharing such information. The Committee directs the Department to make this information publicly available and easily accessible. 11. The Committee recommends that a volunteer internal investigation board be created to evaluate all complaints from residents who stay at homeless public shelter facilities, and that the Board’s analysis and evaluation of complaints be included in an annual report on each public shelter facility. 12. The Committee accepts a transfer of $100,000 from the Committee on Government Operations and the Environment to the Department to support a one-time grant to the Community Council for the Homeless in Friendship Place to assist its mission and outreach to residents who are, and have been, homeless. 13. The Committee accepts a transfer of $250,000 from the Committee on Housing and Workforce Development to the Department of Human Services to support a one time grant to Housing Access, Inc., to support the housing needs of District veterans. 14. The Committee directs the Department to utilize not less the $500,000 of federal stimulus funds to develop a “Healthy Foods Initiative” to supplement Food Stamps benefits for families receiving TANF benefits for use at area Farmer’s Markets to purchase locally grown and fresh produce. 11

15. By October 1, 2009, the Department of Human Services shall report to the Council on implementation initiatives included within the FY 2010 budget to limit Alliance coverage to District residents not eligible for other health insurance and ensure that the Alliance program is limited to District residents by enforcing residency requirements and program controls. 16. The Committee finds that expansion of the categorical eligibility rules would benefit the District’s food stamp program, and recommends Budget Support Act language to expand categorical eligibility rules in the District’s food stamps system of benefits.

Child and Family Services Agency 1. The Committee strongly supports the Mayor’s FY 2010 proposed budget increase for subsidies for the Grandparents Subsidy Program to $4,665,033, which represents an increase of $185,213. The Mayor’s increase will support the expansion of an additional 40 families in FY 2010. The Committee finds that a total of $1,600,000 would be necessary to support all 198 children currently on the waiting list. The Committee would like to abolish the waiting list yet is unable to find reductions within this agencies budget to support abolishing the waiting list in FY 2010. In order to assist a portion of those remaining on the waiting list the Committee is requesting that the full Council provide $1,100,000 in funding to support 122 of the 198 wait-listed children who are on the Grandparents Subsidy Program waiting list. The Committee recommends that the full Council provide $1.1 million in additional revenue to the Child and Family Services Agency for this purpose. Among the options that should be considered to meet this need is the adoption of a District-wide increase in the gasoline tax of $.01. 2. The Committee directs the Agency to eliminate all contracts for paid mentoring after they expire on January 30, 2010. For FY 2010 the mentoring contracts total approximately $2.5 million. Of the amount unexpended following the expiration of these contracts in January 2010, the Committee directs $1,190,000 to be allocated for the re-establishment of the Rapid Housing Program. At this funding level the program will be able to support 150 families and 110 emancipating youth in FY 2010. The Committee directs the Agency to use the remaining funds to support a transition to volunteer mentoring services. An action plan outlining how the Agency will move forward in building volunteer mentoring capacity shall be submitted to the Committee by October 1, 2009. 3. The Committee directs the Agency to competitively bid the services and programs currently administered through the Center of Keys for Life program to a private service provider. The contract shall continue services at a level no less than currently provided by CFSA. The amount of $1.29 million is directed for this contract. The Requests for Proposal shall be completed by January 1, 2010. CFSA will continue to administer the Education and Training Vouchers (ETV) program, currently part of the Keys for Life program. The ETV program is federally funded through the John H. Chafee Foster Care 12

Independence Program (Chafee) and provides funds for states to assist youth in receiving post-secondary education and training. 4. The Committee recommends that CFSA in coordination with the Court Monitor and Plaintiffs in the LaShawn case evaluate whether contracting and procurement authority should be transferred back to the Office of Contracts and Procurement, and make a joint recommendation to the Committee by no later than January 1, 2010. 5. The Committee recommends the elimination of $818,959 for the build-out of CFSA’s Office of Youth Development staff and program space for the Youth Transition Center and directs the following: •

The Committee directs the Agency to award a $75,000 grant to a private entity with a demonstrated record of providing services to youth in the District’s foster care system, to develop a comprehensive youth centered program and service delivery action plan for the establishment of a Youth Transition Center. Such plan shall be submitted to the Committee for review by January 1, 2010. The action plan will serve as an extension of the Center for the Keys for Life program and will guide the development of the Transition Center. The action plan shall focus on providing innovative quality programs aimed at assisting youth in making a successful transition to adulthood.

•

$50,000 to the Perry School Community Services Center, Inc. The Perry School was created in 1991 to address issues of chronic poverty in the North Capitol area of Washington, DC and provides services in youth development, economic empowerment and social services.

•

$68,359 to commission a longitudinal study conducted by a local School of Social Work on foster youth who have aged out of foster care.

•

$125,000 to the Parent Advocate Program. The purpose of this program is to facilitate strong relationships between birth families, foster parents, and social workers through early engagement soon after a child is placed in out-of-home care. The Parent Advocate Program embraces the philosophy that intensive and structured parent-focused services and support can assist parents and families in case planning and self-advocacy to successfully reunify with their children. The project utilizes trained Parent Mentors who have, in the past, successfully reunified with their children under CFSA supervision. Parent Mentors provide families with one-on-one support and guidance as they navigate the child welfare and family court systems and help them obtain support services that will expedite their reunification. The Committee directs the Agency to provide a quarterly analysis, beginning on January 1, 2010, of the program’s outcomes.

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•

$125,000 allocation to increase the number of youth served by the Permanency Opportunities Program (POP) operated through Adoptions Together. Under this program, Adoptions Together develops and leads a high impact team to review 40 cases of foster children and youth who have a permanency goal of adoption. The impact team is comprised of Adoptions Together staff, CFSA staff, and representatives of the private agencies serving the reviewed youth to evaluate 40 children and youth who have a permanency goal of adoption but who either have experienced delays in finalizing permanency with an identified family or who have not yet had a permanent family identified. These reviews identify barriers and determine the most effective approach to achieve permanency. The Committee directs the Agency to provide a quarterly analysis, beginning on January 1, 2010, of the program’s outcomes.

•

The Committee directs $125,000 to expand the Permanency Opportunity Program (POP). With this funding allocation the program can accommodate the unique needs of 25 youth of the 778 youth within the Another Planned Permanent Living Arrangement (APPLA) population. As CFSA identifies children from the APPLA cases, Adoptions Together shall provide training and technical assistance to CFSA in the POP logic model, processes, and procedures to ensure consistency and effectiveness in identifying permanency barriers and performing case mining for identified cases under the purview of this project as well as provide direct services. The Committee directs the Agency to provide a quarterly report, beginning on January 1, 2010, of the program’s outcomes, including a description of direct services and technical assistance to be delivered by Adoptions Together in the following five key areas: 1. Case mining; 2. Innovative and cutting edge best practice child-specific recruitment activities; 3. Training for prospective adoptive parents, foster parents, and teens; 4. Working with reluctant or resistant teens who are initially refusing adoption, through connection to volunteer mentoring programs, and partnership with an existing program that focuses on creating permanent connections with caring adults by providing youth with weekend host parents, conducting regular events at which youth can meet possible host and adoptive parents, and providing ongoing support to children and host and adoptive families; and 5. Matching, placement, and post-placement support.

•

The Committee directs the Agency to provide the Healthy Families Thriving Communities Collaboratives $75,600 to develop a plan to reduce the incidence of abuse and neglect by geographic area to be submitted to the Committee by January 30, 2010. The plan shall include but not be limited to data reflecting the 14

past three years for both investigated and substantiated cases by geographic location and concrete recommendations. •

$100,000 transferred to the Department on Disability Services (DDS) for the implementation of Facilitated Family Group Decision Making (FFTM)

•

A $40,000 grant to the Council for Court Excellence to perform an analysis and to make policy recommendations, to be received by the Committee by no later than January 1, 2010, regarding the D.C. Superior Court, Family Court Division’s, practices in granting Termination of Parental Rights requests by the Agency.

6. The Committee recommends that the full Council approve an inter-Agency transfer of $4.2 million from the Office of the Transportation Administer CFSA to support the Agency’s responsibility for payment of the costs associated with the transportation of District wards with special needs placed in Maryland specialized foster homes. The transferred amount shall be viewed as a baseline and transportation costs that exceed this amount shall be the responsibility of CFSA. The Committee recommends the creation of a non-lapsing fund exclusively for any cost savings resulting from this transfer effective FY 2010. In order to encourage the creation of more specialized foster homes in the District, the Agency should consider using any cost savings to implement initiatives such as a payment differential for CFSA licensed specialized foster homes or an annual bonus payment for CFSA or private Agency licensed specialized foster parents in the District of Columbia. 7. The Committee directs the Agency, in consultation with public and private stakeholders, to develop a set of discrete set of performance measurements that can be used internally by the Monitor, the federal court, the Plaintiffs’ counsel, the City Council, for the Mayor’s CapStat process, and the public as recommended by the Public Catalyst Group in their December 2008 report, to be submitted to the Committee for review by October 1, 2009.1 8. The Committee directs the Agency to adopt a data management policy to eliminate any unnecessary data collection and analysis as recommended by the Public Catalyst Group in their December 2008 report.2 9. The Committee directs the Agency to submit plans for a differential response system by January 1, 2010, that will be reflected in the Agency’s FY 2011 budget request. The plan should reflect the Agency’s collaboration with community based organizations. CFSA shall adopt policies and procedures for the implementation of the differential response system that furthers the Agency’s mission and uses evidence-based features of differential response from other state systems. CFSA shall ensure that all workers are 1

Report and Recommendation Pursuant to LaShawn v. Fenty Stipulated Order of October 2008 by the Public Catalyst Group. 2 Ibid.

15

aware of and receive the appropriate training on the policies and procedures guiding the implementation of the differential response system. CFSA will also ensure that the system is consistent with best practices and that outcome data is provided in order to measure the system’s successfulness. The creation of a differential response system is the only remaining initiative identified in the “Repairing the Safety Net for At-Risk Youth and Families Reform Plan” highlighted in the Committee’s FY 2009 Committee Report under the oversight of CFSA that has not been met. 10. The Committee directs the Agency to submit plans for the implementation of a performance based-contract model by July 1, 2009 or before any Request for Proposals (RFP) are released. 11. The Committee directs the Agency to include the Healthy Families Thriving Communities Collaboratives and Healthy Families Thriving Communities Collaborative Council in any decision-making process related to funding reductions. 12. The Committee directs the Agency to gather data and provide analysis of outcomes for children youth and families as a result of co-location of CFSA in-home social workers and aides to the Healthy Families Thriving Communities Collaboratives, specifically reporting on the increase or decrease of substantiated abuse and neglect complaints for residents of each Collaborative area, the increase or decrease in number of social worker visits to families, and the increase or decrease of family team meetings conducted prior to out of home placement to be submitted to the Committee by January 1, 2009. 13. CFSA currently refers families who are the subject of a report of abuse or neglect to the Healthy Families/Thriving Communities Collaboratives when the risk is determined to be low or moderate and the family needs additional support after the investigation closure. During the month of February 2009, 81 families who were the subject of substantiated reports of child maltreatment and who were determined to be of low or moderate risk for additional maltreatment were referred to seven Collaboratives through the Collaborative Liaison Office from the CPS Administration. The Committee directs the Agency to gather data and provide analysis of outcomes for low or moderate risk families that have been referred to the Healthy Families/Thriving Communities Collaboratives to be submitted to the Committee on a quarterly basis beginning January 1, 2010. The analysis should identify the category of the initiating report, services being provided, duration of the open Collaborative case, reason for case closure, and the number of cases per month that involve families that have previously received services from the Collaborative. 14. The Committee recommends that the Agency develop a budget format that clearly explains and tracks the actual activities of the Agency. The Committee has continued to express concerns about the format of the CFSA budget. The Committee would encourage the Agency to work toward greater transparency and clarity in its budget presentation. It is impossible, for instance, to understand how funds are allocated for group home contracts, independent living contracts, the Center of Keys for Life, and other Agency 16

programs, within the current budget format. It is also impossible to discern how funds are tied to outcomes or reflect policy and programmatic priorities.

Department on Disability Services 1. The Committee recommends no change to the Mayor’s budget request for the Department of Disability Services even though the FY10 request of $99,663,013 reflects a 17.6 percent decrease over the FY09 final budget approval of $120,954,826. This decrease reflects a transfer of approximately $19 million dollars to the Department of Health Care Finances (DHCF) to fund the local share of the Home and Community Based (HCBS) waiver. The Committee strongly supports this transfer to the DHFC budget from the DDS budget as it is felt that this will create a system that necessitates a greater level of collaboration, thus enabling both DHCF and DDS to better manage and to more easily shift funding from the ICF/DD program to the waiver as more of these facilities close and more people enroll in the waiver over the next three to five years. This new configuration will encourage the facilitation of on-going meetings and processes to ensure that joint inter-agency (and intra-agency) strategic planning, decision making and comprehensive management of the ICF/DD, and both current and future waiver programs occurs as these programs continue to evolve. This relatively recent successful collaboration has resulted in ICF/DD rate issues being resolved and with provider payment issues also being for the most part resolved. For this transfer to be successful it must be supported by a strong interagency agreement that will spell out how DHCF will work with DDS to implement these policy and programmatic objectives and to create a long-term understanding by each agency of its current and future roles and responsibilities to each other and to the people of the District of Columbia. 2. The Committee also supports the additional transfer within the agency’s budget of $3.4 million dollars previously budgeted (FY09) for the federal court for EVANS compliance efforts and to the Quality Trust (providers of monitoring, legal services, and advocacy) to the Agency Management Program within DDS to make their purpose and use more transparent. 3. The Committee directs a transfer of $100,000 from the Child and Family Services Agency to the Department on Disability Services/Developmental Disabilities Administration to develop and implement Facilitated Family Team Meetings (FFTM) for youth transitioning from CFSA and/or DCPS to DDS. These funds shall be used to support one (1) additional FTE who shall be a person qualified in the practice of FFTM. The first year of this initiative shall be considered a pilot project. An annual report on the initiative shall be submitted to the Committee beginning no later than September 30, 2010. 4. The Committee recommends Budget Support Act language to do the following in preparation for the implementation of a fully and fairly applied Waiting List: 17

a. Issue rules and regulations, developed in partnership with community stakeholders, to guide the operations of the Waiting List. These regulations would detail the Waiting List prioritization and procedures and how DDS/DDA will manage the Waiting List. Any list must be transparent and move at a pace in accordance with the Supreme Court‘s Olmstead Decision. b. DDS/DDA must provide regular reports on individuals applying and waiting for services. Actual data to be collected for tracking purposes shall be determined based upon further review of Best Practices and in collaboration with referral agencies and community stakeholders.

Department of Youth Rehabilitation Services 1. The Committee directs that $980,000 in one-time funds to provide pre-release mentoring and life skills services to youth, and upon their release, additional supervision through daily in-home contacts, be competitively awarded through the normal RFP process. 2. The Committee does not support the Mayor’s request for grant-making authority for the Department of Youth Rehabilitation Services, and recommends this language be stricken from the Budget Support Act. The request for this authority appears to be overly broad, and appears to be the result of failures of the District’s Office of Contracting and Procurement to meet the needs of DYRS. These deficiencies in the Office of Contracting and Procurement should be addressed as a high priority by the Administration during the current and next fiscal years. 3. The Committee directs the Agency to revise its Case Management manual to require case managers to obtain approval from the Director, as opposed to the Chief of Committed Services, prior to releasing any committed youth from the secure facility in Laurel, MD, or a Residential Treatment Center, who has been committed for a violent offense. 4. The Committee directs the Agency to submit grants and renewals in excess of $1 million, made to the CYITC for the Lead Entities Initiative, to the Council for approval consistent with approval requirements for contracts in excess of $1 million. 5. The Committee directs DYRS to provide quarterly reports regarding grantee performance under the Lead Entities initiative reflecting the following: performance measures and actual performance, services provided to DYRS youth and families, entities providing such services, number of individuals served by entity, flexible funding expenditures, date(s) of services, type of service, and amount paid. 6. The Committee directs DYRS to continue to report on recidivism rates for all committed youth at six-month and one-year intervals from the date of their release, as initially requested in the Committee’s Report on the Fiscal Year 2009 Budget Request. 18

Children and Youth Investment Collaborative 1. The Committee adopts the Mayor’s request to add one-time funds for a grant in the amount of $250,000 to empower youth to reclaim the environmental, social, and economic health of their communities, but directs these funds to be awarded under the regular competitive processes of the CYITC. 2. The Committee adopts the Mayor’s request to add one-time funds for a grant in the amount of $150,000 to provide educational, athletic, emotional and socially enriched choices for youth, but directs these funds to be awarded under the regular competitive processes of the CYITC. 3. The Committee directs CYITC to implement policies and procedures to protect the safety of children and youth served by grantees by requiring criminal background and traffic records checks for employees of grantees who work directly with children and youth. 4. The Committee accepts a transfer of $700,000 in local funds from the Committee on Public Works and Transportation, and allocates this amount to CYITC, to be distributed evenly between the Southwest/Waterfront neighborhood and the Near Southeast/Hill East neighborhood for youth programming and activities, to be awarded through the regular competitive process of CYITC, to offset the loss of the Boys and Girls Clubs serving those neighborhoods. 5. The Committee recommends the adoption of Budget Support Act provisions to enhance transparency of the CYITC grant-making process.

Additional Budget Need Not Funded in the Committee’s Recommendations Grandparents Subsidy Program: $1,100,000 to support providing services to 122 of the 198 wait-listed children who are on the Grandparents Subsidy Program wait list.

19

ISCAL YEAR 2010 BUDGET OM III. AGENCY FISCAL YEAR 2010 BUDGET RECOMMENDATIONS TI A. INTRODUCTION The Committee presents its recommendations for the District of Columbia’s Fiscal Year 2009 budget. The Committee on Human Services is responsible for matters concerning welfare; social services; youth affairs (other than juvenile court proceedings); and disability services. The following agencies come within the purview of the Committee on Human Services: Board of Social Work, Child and Family Services Agency, Children and Youth Investment Collaborative, Department of Disability Services, Department of Human Services and Department of Youth Rehabilitation Services. On March 20, 2009, Mayor Adrian Fenty submitted to the Council of the District of Columbia a proposed operating budget and financial plan for the upcoming fiscal year. The Committee held budget hearings to review the proposed budgets for the agencies under its purview, as follows: March 25, 2009 April 3, 2009 April 6, 2009

Department on Disability Services Department of Human Services Child and Family Services Agency Department of Youth Rehabilitation Services Children and Youth Investment Collaborative

20

B.

DEPARTMENT OF HUMAN SERVICES

Department of Human Services - Operating Budget Summary Table (Dollars in Thousands)

Local Funds Special Purpose Dedicated Taxes Federal Funds Private Funds IntraDistrict GROSS FUNDS

Actual FY 2007 272,198

Actual FY 2008 137,874

Approved FY 2009 168,882

Proposed FY 2010 153,027

Committee Variance 350

Committee Approved 153,377

Percent Change from FY 2009 -9.2%

3,763

2,776

2,800

2,725

0

2,725

-2.8%

0

0

0

0

0

0

0.0%

174,110

146,499

156,558

156,271

0

156,271

-0.2%

71

66

91

0

0

0

-100.0%

35,731

29,557

11,514

11,515

0

11,515

0.0%

485,874

316,772

339,845

323,538

350

323,888

-4.7%

0.0

268.1

-15.9%

0.0 0.0 0.0 0.0

0.0 603.7 0.0 20.0

0.0 -2.3% -100.0% -20.0%

0.0

891.8

-4.6%

Department of Human Services - Full Time Equivalent Table Local Funds 491.9 298.4 318.9 268.1 Dedicated Taxes 0.0 0.0 0.0 0.0 Federal Funds 888.5 761.4 590.3 603.7 Private Funds 0.0 0.0 1.0 0.0 Intra-District 1.0 1.0 25.0 20.0 GROSS FUNDS 1,381.4 1,060.8 935.1 891.8

Mission of the Department of Human Services The mission of the Department of Human Services (DHS) is to coordinate and provide a range of services that collectively create the enabling conditions for economically and socially challenged residents of the District of Columbia to enhance their quality of life and achieve greater degrees of self-sufficiency. According to Mayor’s DHS budget documents submitted the Council the agency’s Performance Plan has the following objectives for FY 2010: Objective 1: Connect residents with the necessary range of support services that will create the enabling conditions to achieve the greatest possible degree of self-sufficiency. Objective 2: End homelessness in the District of Columbia. 21

Objective 3: Intervene, protect and grow the capacity of District residents vulnerable to abuse, neglect, and exploitation. Objective 4: Ensure ease of use, coordination, accountability and efficiency in the eligibility determination system. These objectives are funded through the following agency programs: ■Family Services Administration (FSA) - provides social services, case management, and crisis intervention to meet the needs of vulnerable adults at-risk for abuse and neglect and families with children so that they can achieve stabilization and self-sufficiency. FSA this year also has a division for Homeless Services that provides shelter, housing stabilization, and crisis intervention through a community-based organization to individuals and families in the District of Columbia who are homeless or at risk of homelessness so that they can obtain and/or maintain improved housing. ■Income Maintenance Administration (IMA) - determines the eligibility of applicants for assistance programs funded by the federal and District governments. Its mission is to help lowincome individuals and families obtain and maintain employment, so that they can achieve selfsufficiency. ■Agency Management Program - provides for administrative support and the required tools to achieve operational and programmatic results. This program is standard for all agencies using performance-based budgeting. ■Agency Financial Operations - provides financial management services to and on behalf of District agencies so that the financial integrity of the District of Columbia is maintained. This program is standard for all agencies using performance-based budgeting. FY 2010 Program Structural Change The Department of Human Services had one proposed structural change in the FY 2010 Proposed Budget. The Homeless Services program was incorporated into the Family Services program. Mayor’s FY 2010 Budget Proposal Gross Funds The Mayor’s proposed FY 2010 gross funds budget for the Department of Human Services is $323,538,134 representing a decrease of $16,306,625 or 4.8 percent below the FY 2009 approved budget of $339,844,759. There are 891.8 operating FTEs for the agency, a decrease of 43.4 FTEs from the FY 2009 level. General Fund - Local 22

The proposed budget is $153,027,000, a decrease of $15,855,000 or 9.4 percent below the FY 2009 approved budget of $168,882,000. There are 268.1 FTEs, a decrease of 50.8 FTEs or 15.9 percent over the FY 2009 level of 318.9 FTEs. General Fund - Special Purpose Revenue Funds The proposed budget is $2,725,000, a decrease of $75,000, or 2.7 percent below the FY 2009 approved budget of $2,800,000. There are no FTEs associated with this fund. Federal Grants The proposed budget is $145,494,000, a decrease of $1,179,000, or .8 percent below the FY 2009 approved budget of $146,673,000. There are 455 FTEs, a decrease of 9 FTEs, from FY 2009. Federal Medicaid Fund The proposed budget is $10,777,000, an increase of $893,000, or 9.0 percent over the FY 2009 approved budget of $9,885,000. There are 148.7 FTEs, an increase of 4.4 from FY 2009. Private Grant Fund The proposed budget for FY 2010 is $0 a decrease of 100 percent over the FY 2009 approved budget of $91,000. Capital Budget Request The Department for the Human Services did not present a Capital Budget Request for FY 2010. Baseline Adjustments •

A reduction of $8,550,000 in the Family Services program for subsidies and transfers that included $8,000,000 for Housing First and $550,000 for agency earmarks to reflect one-time funding for these programs in FY 2009.

•

A reduction of $4,774,000 in multiple programs due to revised fixed cost estimates.

•

An increase of $3,989,000 in multiple programs for contractual services to offset revised fixed cost estimates. Cost Savings

•

Three facilities will be vacated and relocated -- NE Service Center (3917-19 Minnesota Avenue NE), the IMA Change Center (33 N Street NE) and the Family Services Administration (2146 23

24th Place NE) -- where the building leases do not expire in FY 2009, only the security costs for the locations are reduced, leading to a total savings of $906,939. •

This budget also revises two previous estimates, removing erroneous charges for 717 14th Street NW and rent at DC Village, a District-owned building - a total reduction of $1,488.974.

•

Shelter security savings were completely removed at the Virginia Williams Resource Center and 80 percent of security services were removed from the DC General family shelter, for a total savings of $554,517.

•

Shelter occupancy savings were removed from 342 37th St SE and 1355-57 Valley Ave, totaling $125,200 in savings.

•

Shelter janitorial costs for 2210 Adams NE, 4 DC Village, 1725 Lincoln Road NE and 611 N St NE were reduced by 80 percent or $95,370.

•

$57,802 reduction in electricity.

•

$205,649 reduction in fleet management.

•

$34,720 decrease in out-of-state travel.

•

$161,337 decrease in occupancy costs.

•

$126,512 telecommunications decrease.

•

$350,000 reduction in IT hardware and consulting contracts.

•

Revised procurement assessment will decrease by $246,787.

•

Personnel shifts -- generally moving from Local to Federal and Medicaid grant funding by way of filling federal vacancies -- will result in a reduction of $139,992 in Medicaid fund and $372,884 Federal Grant funds within personal services.

•

$1,082,100 in savings from realigning staffing in the areas of fleet, information systems, and program monitoring & investigations.

•

Local savings of $837,501 from realigning agency administrative supports across the organization. Policy Initiatives

•

Utilizing TANF carryover cash: in FY 2010, DHS will claim three additional programs as MOE for a total reduction of $8,200,000 in local spending. These programs include $5,700,000 in Emergency Rental Assistance (ERAP), which goes to TANF eligible families, a $500,000 intra24

District transfer from the University of the District of Columbia (UDC) for employment programming for TANF eligible families, and $2,000,000 in case management services for homeless families. •

Full amount of the $88,000,000 federal TANF Block Grant will be used through DHS charging full salaries, $1,720,357, of 20 case managers within FSA, who work exclusively with TANF eligible families

•

DHS will completely expend the remainder of the FY 2010 TANF Block Grant by funding a portion of the District's Low Income Home Energy Assistance Program (LIHEAP), which is currently administered by the District Department of the Environment (DDOE).

•

In FY 2010, all LIHEAP workers will be co-located at IMA.

•

DHS will also pay for $2,000,000 of LIHEAP by including $974,412 in the FY 2010 TANF Block Grant and employ $1,025,588 of TANF carryover funds.

•

Sustain the IDA program by adding $1,998,736 to Local funds in FY 2010.

•

Proposed budget designates a total of $7,593,736 for IDA payments and $8,693,000 for ERAP subsidies as expenditures supported with one-time resources. Stimulus In FY 2010, DHS will benefit from the American Recovery and Reinvestment Act (ARRA) in four principal ways: •

increased ability to draw down TANF carryover funds: DHS will draw down a additional $5,50000 to backfill a reduction to its capital funds and to use toward creating an automated case management and client eligibility system;

•

an increase in the Food Stamp rates of 13.6 percent that will go directly to all Food Stamp recipients: will allow Food Stamp recipients to receive an increased monthly benefit of 13 percent.

•

a Community Services Block Grant that passes through to designated Community action agencies: provides funds to lessen poverty and support a range of services for lowincome individuals. The award passes through government agencies to Community Action agencies, and it is estimated that $10,400,000 will benefit the DC community in FY 2010.

•

Emergency Contingency Fund for TANF: which aims to provide states with relief during the recession; DHS estimates that it will receive between $1,500,00 and 6,000,000 in FY 25

2010 which will be used to create a Work Advantage program that will support TANF eligible families. Committee Recommendation The Committee approves the Mayor’s proposed baseline adjustments, cost savings, and policy initiatives for the Department of Human Services as outlined in the FY 2010, operating and capital budget request and recommends the following changes: 1. The Committee directs the District of Columbia Auditor to prepare a financial impact report measuring the government-wide savings produced by the District’s Housing First Program in such areas as emergency services, physical and mental health services, substance abuse services, personal safety, police services and incarceration. If it is found that the District has incurred net savings from the Housing First Program, the Committee urges that the Program be expanded and looks forward to discussing this expansion in future budget sessions. 2. The Committee acknowledges that the Committee on Government Operations and the Environment has transferred $3,653,570 in Capital budget authority for “Homeless No More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the Department of Human Services (DHS). These funds are to be used to provide housing for the District’s families who are homeless. 3. The Committee recommends a thorough re-evaluation of the performance of the Adult Protective Services agency (APS) during FY 2010, with careful consideration given to whether this function should remain a part of the DHS budget request in FY 2011. Careful consideration should be given to the possibility that the APS function should be transferred to an Agency with greater emphasis on long-term care and coordination with community-based providers, such as the Office on Aging or the Department of Health. 4. The Committee requests that the Department evaluate case management services provided to homeless individuals during the hypothermia season and develop a protocol that evaluates each resident's needs to help them emerge from homelessness. The Committee requests that the Department forward a copy of this protocol to the Committee as part of its annual Winter Plan during FY 2010. 5. The Committee requests that the Department implement specialized training of staff to improve the standards of living for residents of District funded facilities for homeless individuals. The Committee requests that the Department provide a report to the Committee at the beginning of each fiscal year on trainings conducted and the content of these trainings. 6. The Committee requests that the Department review its policies regarding entry to shelters when it is raining and consider allowing people to enter facilities at an earlier time when it is raining or provide an awning for residents to wait under to be shielded from the rain. The Committee requests that the Department advise the Committee on its policies by the beginning of FY 10. 26

7. The Committee requests that the Department develop a procedures manual for staff and residents with contingency procedures to be followed during emergencies. The Committee requests that the Department forward a copy of this procedures manual to the Committee by the beginning of FY 2010. 8. The Committee directs the Department to regularly assess security at all public shelters and develop a plan to improve security. The Committee requests that the Department forward a copy of this plan to the Committee by the beginning of FY 2010. 9. The Committee requests that the Department provide annual reports for each public shelter facility that includes all complaints and incidents and resolutions to these complaints and incidents. This report should be provided to the Committee at the beginning of each fiscal year and can be consolidated with the report on trainings conducted to improve standards of living at the facilities (see Paragraph 5). 10. The Committee understands that there is a tracking system of homeless individuals and families that comports with the statutory requirements of D.C. Code § 4-753.02(d). However, the Committee is concerned that there is a lack of transparency regarding this information. Currently, the Department is not sharing the information with the public despite the fact that there is no legal limitation to sharing such information. The Committee directs the Department to make this information publicly available and easily accessible. 11. The Committee recommends that a volunteer internal investigation board be created to evaluate all complaints from residents who stay at homeless public shelter facilities, and that the Board’s analysis and evaluation of complaints be included in an annual report on each public shelter facility. 12. The Committee accepts a transfer of $100,000 from the Committee on Government Operations and the Environment to the Department of Human Services to support a one-time grant to the Community Council for the Homeless in Friendship Place to assist its mission and outreach to residents who are, and have been, homeless. 13. The Committee accepts a transfer of $250,000 from the Committee on Housing and Workforce Development to the Department of Human Services to support a one-time grant to Housing Access, Inc., to support the housing needs of District veterans. 14. The Committee directs the Department to utilize not less the $500,000 of federal stimulus funds develop a “Healthy Foods Initiative” initiative to supplement Food Stamps benefits for families receiving TANF benefits for use at area Farmer’s Markets to purchase locally grown and fresh produce. 15. By October 1, 2009, the Department of Human Services shall report to the Council on implementation initiatives included within the fiscal year 2010 budget to limit Alliance coverage to District residents not eligible for other health insurance and ensure that the 27

Alliance program is limited to District residents by enforcing residency requirements and program controls. 16. The Committee finds that expansion of the categorical eligibility rules would benefit the District’s food stamp program, and recommends Budget Support Act language to expand categorical eligibility rules in the District’s food stamps system of benefits.

Family Services Administration Mayor’s Proposal The Mayor’s proposed FY 2010 gross funds budget for The Department of Human Services’ Family Services Administration including homeless services is $87,068,000. This proposal is $65,477,000 greater than the approved FY 2009 Family Services Administration budget of $21,590,000. FSA Mission and Structure The Family Services program provides social services, case management, and crisis intervention to meet the needs of vulnerable adults and families with children so that they can achieve stabilization and self-sufficiency. The administration is organized into the following 10 activities: Adult Protective Services, Domestic Violence Services, Homeless Services, Fatherhood Initiatives, Refuge Settlement Services, Teen Pregnancy Prevention Services, Strong Families, Quality Assurance, Community Services, and Subsidy Transfer. •

Adult Protective Services provides protection, counseling and crisis intervention to vulnerable adult residents of the District of Columbia so that they can be safe from abuse, neglect and exploitation. The proposed FY 2010 gross budget for this activity is $3,675,000, which supports 26 FTEs.

•

Domestic Violence Services provides protection, emergency shelter and crisis intervention to victims of domestic violence so that they can seek immediate relief from harm. The proposed FY 2010 gross budget for this activity is $697,000.

•

Fatherhood Initiatives provides assistance to fathers attempting to connect/reconnect with their children. The proposed FY 2010 gross budget for this activity is $1,990,000, which supports 8 FTEs.

•

Homeless Services Program provides shelter, housing stabilization, and crisis intervention to individuals and families in the District who are homeless or at risk of homelessness, so they can obtain and/or maintain improved housing. The proposed FY 2010 budget is $54,867,000 which supports 10.6 FTEs. 28

•

Community Services works through a network of community organizations to create, coordinate and deliver programs and services to poor and low-income residents so that they can move toward self-sufficiency. The proposed FY 2010 budget for this activity is $20,992,000, which supports 5.1 FTEs. .

•

Refuge Resettlement Services provides financial, medical, employment, acculturation, and other support services to refugees and those seeking asylum that have resettled in the District so that they can move toward self-sufficiency. The proposed FY 2010 budget for this activity is $928,000, which supports 1.8 FTEs.

•

Teen Pregnancy Prevention Services provides informational and educational pregnancy prevention services to teens to help prevent early parenthood and to teen parents to help prevent additional pregnancies. The proposed FY 2010 budget for this activity is $476,000, which supports 6.1 FTEs.

•

Strong Families provides comprehensive case management services and clinical intervention to vulnerable families to promote stability, foster healthy family development, and minimize barriers that adversely impact self-sufficiency. The proposed FY 2010 budget for this activity is $2,887,000, which supports 30.1 FTEs.

•

Quality Assurance provides oversight and monitoring services to ensure compliance with program requirements so providers can deliver quality services. The proposed FY 2010 budget for this activity is $325,000, which supports 2.9 FTEs.

FSA Performance Review Justification for the DHS FY 2010 budget request was provided by Mr. Clarence Carter, Director of the Department of Human Services at the Committee’s March 25the budget hearing. Mr. Carter testified that the DHS budget maintains funding for the Housing First Permanent Supportive Housing (PSH) initiative. In this year’s budget proposal housing and wrap-around services remain constant for the 655 chronically homeless individuals and 80 families that are currently in the program (note: the 80 families should be placed soon). Mr. Carter also noted that the 2009 annual count of individuals and families who are homeless revealed a 15% reduction in street homelessness that was directly attributable to their PSH efforts which is the first such reduction in street homelessness ever recorded in the District. Housing First Initiative Last year, the Mayor proposed a revolutionary, yet tested, approach for addressing and bringing to an end chronic homelessness in the District of Columbia. The District has approximately 1750 chronically homeless residents and 191 families in emergency shelter. Last year the Mayor 29

proposed a plan to decrease the District’s chronically homeless population by 23% and decrease family homelessness in the District by 42%. The District PSH initiative is based on a similar program operating in New York City. Rather than simply meeting the survival needs of homeless individuals and families by providing a blanket, a cot and a meal the District proposed to first provide a residential living unit to those who qualify for the program and to engage each individual and family with comprehensive case management intended to address the root causes of homelessness providing individuals with what they need to move beyond homelessness. The Council is very pleased that 655 chronically homeless individuals and 80 families have been served by the PSH program yet we are concerned that this successful initiate is not being expanded in FY 2010. During last year’s DHS budget hearing the Committee was informed that approximately 2,400 ambulance calls per year serve the District’s homeless population. Having these individuals living in supportive housing was viewed as a possible method that may assist in reducing the number of ambulance runs required by the homeless. The Committee also suspects that providing housing to the chronically homeless may also result in significant savings to other agencies whose budgets are impacted by homeless individuals. This has shown to be the case in other jurisdictions implementing Housing First programs. For instance, a study of 1811 Eastlake, a Housing First program in Seattle, Washington, compared crisis intervention costs for ninety-five housed participants with a control group of unhoused participants. Participants were chosen because they have extremely high health care costs. Participants were offered on-site health care services, as well as counseling, though the study participants were allowed to continue drinking alcohol in their rooms. The crisis intervention costs measured for savings included emergency medical services, Medicaid -funded services, hospital-based medical services, jail bookings, days incarcerated, shelter and sobering center use and publicly funded alcohol and drug detoxification and treatment. The study found that the Housing First participants had significantly reduced need and associated costs for crisis intervention services. At six months, Housing First participants accrued approximately 53% less costs compared to the control group. Further, at twelve months, the Housing First participants were found to have reduced costs for crisis intervention services of 4.0 million compared to the year prior to enrollment in the Housing First program. Cost savings were highest for participants who were housed the longest period of time, i.e., twelve months rather than six months, underscoring the need for permanent programs of this type. Another Housing First program, Streets to Home, based in Toronto, Canada has produced similar positive results. Government subsidized permanent housing and follow-up support is provided to chronically homeless. Since its inception in 2005, Streets to Home, has moved 1,500 people from the street to permanent housing units and 87% of these people still remain housed at present. In studies on those persons who have been permanently housed, Streets to Home has found that the participants have demonstrated improved physical health, mental health, personal safety, sleep, food quality and social interaction. The use of emergency services from ambulance, fire, police and jail were all shown to decrease. Furthermore, 49% of the participants 30

reported quitting or decreasing alcohol use and 73% reported quitting or decreasing substance use. In light of these cost savings generally produced by Housing First programs, we find it very important to document the savings that the District of Columbia's Housing First program may well have already made. To document these findings, we recommend that the District of Columbia Auditor prepare a financial impact study to measure Housing First District government savings in such areas as emergency services, physical and mental health services, personal safety, police, and jail. If it is found that the District has incurred savings from the Housing First program, we urge that the Program be expanded and look forward to discussing this expansion in future budget sessions. Homeless Families: While pleased that 80 families will soon receive funding through the District Housing First program the Committee is concerned that additional Housing First funding was not requested for Fiscal Year 10. The Committee is aware that approximately $3,650,000 in Capital budget authority remains for a project titled “Homeless No More” (Project No. SM437C) within the Office of the City Administrator. We urge that these funds be used to provide housing for the District’s families who are homeless. Issues Surrounding Existing Homeless Facilities Several issues have been raised to the Committee regarding existing homeless facilities that need to be addressed. The Committee has received several reports of lack of proper case management for facilities' residents during hypothermia season. The Committee is thus urging the Department to assess existing case management services and ensure that a management system is in place that evaluates each resident's needs to help them emerge from homelessness. Further, the Committee has received a growing number of complaints about staff at homeless facilities funded by the City. The Committee urges the Department to implement a program of specialized training of staff that encompasses whatever training is necessary to help staff improve the standards of living for facilities' residents. The Committee would like the Department to report annually to the Committee on trainings conducted and the content of those trainings. The Committee is also concerned by several reports from facilities' residents that the residents must stand in the rain waiting for shelters to open their doors at 7:00 p.m. or to leave during periods of rainfall. The Committee urges the Department to review its rain policies and to provide flexibility in entering and existing during rainfall. At the very least the Committee recommends that awning be installed to shelter those entering or existing facilities during rainfall. The Committee also directs that the Department review its policies and procedures for emergency situations. The Committee recently received reports of an electricity outage at a facility that prevented residents from entering the building and having to wait outside for multiple hours. The Committee urges the Department to develop a procedures manual for staff and residents with specific contingency procedures to be followed during emergencies. On a similar note, the Committee has received reports from residents concerned about security at shelter facilities. Accordingly, the Committee is requesting that the Department regularly assess security at all public shelters and develop a plan to improve security. Additionally, in light of 31

this variety of concerns, the Committee asks that the Department provide annual reports for each facility that includes all complaints or incidents arising during the year and resolutions to these complaints or incidents. Lastly, in an effort to expand transparency related to reports of incidents at homeless facilities the Committee urges DHS to increase its oversight of contracted shelters funded by the city. We recommend that an internal investigation board be created to evaluate and streamline all complaints from residents who stay at homeless shelter facilities. Such a volunteer board could include members from DHS, the Washington Legal Clinic for the Homeless, and the Community Partnership for the Prevention of Homelessness. The goal of the board would be to provide a system of accountability by which the concerns of the homeless population, not just those that stay in the shelters, know that their complaints are being taken seriously and not being ignored. Adult Protective Services According to information submitted by the Agency to the Committee, “[w]hen APS has its full complement of social workers (8 in Continuing Service and 8 in Intake) the average caseload is 25 per social worker,” which translates into a total caseload of approximately 400 cases. The APS report does not include information pertaining to the average length of time cases remain open, although there is a District requirement that cases are not to remain open more than 90 days. Furthermore, the length of time a case is open doesn’t necessarily reflect the degree to which the case is challenging. Referrals to APS are not being adequately coordinated with the type of long-term care needed and a restructuring of the agency is needed. During the past year, the Committee heard numerous concerns about the Agency’s performance, particularly in light of the case of the death of a D.C. resident who failed to receive services in time to prevent his death in squalid conditions in his own apartment. Additionally, in 2009, the Committee commissioned a report by two Master’s of Public Policy candidates at George Washington University. The evaluation was conducted under the supervision of Dr. Kathryn Newcomer. A preliminary report was submitted to the Committee on April 23, 2009. Among its findings, were the following: • •

• •

APS’s 90-day mandate for handling cases does not aligh with the reality of the agency’s operations. The guideline is not only unclear as to when the 90-day window begins and ends, it is also unrealistic. The current data management system at APS is severely deficient. A modern, state-ofthe-art system would reduce caseworkers times spent on administrative duties, improve data collection efficiency and reliability, and enable more comprehensive reporting and oversight. Interagency cooperation between APS and other social service agencies is needed. Current performance measures do not accurately present decision-makers with a view of how APS policy is being implemented.3

Committee Recommendations 3

See Report, Ibid.

32

1. The Committee directs the District of Columbia Auditor to prepare a financial impact report measuring the government-wide savings produced by the District’s Housing First Program in such areas as emergency services, physical and mental health services, substance abuse services, personal safety, police services and incarceration. If it is found that the District has incurred net savings from the Housing First Program, the Committee urges that the Program be expanded and looks forward to discussing this expansion in future budget sessions. 2. The Committee acknowledges that the Committee on Government Operations and the Environment has transferred $3,653,570 in Capital budget authority for “Homeless No More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the Department of Human Services (DHS). These funds are to be used to provide housing for the District’s families who are homeless. 3. The Committee recommends a thorough re-evaluation of the performance of the Adult Protective Services agency (APS) during FY 2010, with careful consideration given to whether this function should remain a part of the DHS budget request in FY 2011. Careful consideration should be given to the possibility that the APS function should be transferred to an Agency with greater emphasis on long-term care and coordination with community-based providers, such as the Office on Aging or the Department of Health. 4. The Committee requests that the Department evaluate case management services provided to homeless individuals during the hypothermia season and develop a protocol that evaluates each resident's needs to help them emerge from homelessness. The Committee requests that the Department forward a copy of this protocol to the Committee as part of its annual Winter Plan during FY 2010. 5. The Committee requests that the Department implement specialized training of staff to improve the standards of living for residents of District funded facilities for homeless individuals. The Committee requests that the Department provide a report to the Committee at the beginning of each fiscal year on trainings conducted and the content of these trainings. 6. The Committee requests that the Department review its policies regarding entry to shelters when it is raining and consider allowing people to enter facilities at an earlier time when it is raining or provide an awning for residents to wait under to be shielded from the rain. The Committee requests that the Department advise the Committee on its policies by the beginning of FY 10. 7. The Committee requests that the Department develop a procedures manual for staff and residents with contingency procedures to be followed during emergencies. The Committee requests that the Department forward a copy of this procedures manual to the Committee by the beginning of FY 2010.

33

8. The Committee directs the Department to regularly assess security at all public shelters and develop a plan to improve security. The Committee requests that the Department forward a copy of this plan to the Committee by the beginning of FY 2010. 9. The Committee requests that the Department provide annual reports for each public shelter facility that includes all complaints and incidents and resolutions to these complaints and incidents. This report should be provided to the Committee at the beginning of each fiscal year and can be consolidated with the report on trainings conducted to improve standards of living at the facilities (see Paragraph 5). 10. The Committee understands that there is a tracking system of homeless individuals and families that comports with the statutory requirements of D.C. Code § 4-753.02(d). However, the Committee is concerned that there is a lack of transparency regarding this information. Currently, the Department is not sharing the information with the public despite the fact that there is no legal limitation to sharing such information. The Committee directs the Department to make this information publicly available and easily accessible. 11. The Committee recommends that a volunteer internal investigation board be created to evaluate all complaints from residents who stay at homeless public shelter facilities, and that the Board’s analysis and evaluation of complaints be included in an annual report on each public shelter facility. 12. The Committee accepts a transfer of $100,000 from the Committee on Government Operations and the Environment to the Department to support a one-time grant to the Community Council for the Homeless in Friendship Place to assist its mission and outreach to residents who are, and have been, homeless. 13. The Committee accepts a transfer of $250,000 from the Committee on Housing and Workforce Development to the Department of Human Services to support a one time grant to Housing Access, Inc., to support the housing needs of District veterans. Income Maintenance Mayor’s Proposal The Mayor’s proposed FY 2010 gross funds budget for Income Maintenance includes $214,507,000 and 646 FTEs. This proposal is $24,966,000 less than the approved FY 2009 budget of $214,507,000 and a decrease of 23 FTEs. The program activities are as follows: 1. Income Assistance – provides financial assistance services to eligible individuals so that they meet their basic needs. • The proposed FY 20010 gross budget for Income Assistance is $21,437,000, an increase of 2,024,000 from the FY 2009 approved amount of $19,413,000. 34

2. Temporary Assistance for Needy Families (TANF) – provides employment readiness, skill development training, educational enrichment, and support services to eligible individuals so that they can be socially and economically self-reliant. • The proposed FY 2010 gross budget for TANF is $99,528,000, a decrease of $51,530,000 below the FY 2009 approved amount of $151,530,000. 3. Case Management Services – provides case planning, service coordination, and monitoring services to consumers with complex, multiple problems and/or disabilities so that they can access all of the services and assistance needed. • The proposed FY 2010 gross budget for Case Management Services is $6,132,000, a decrease of $370,000 below the FY 2009 approved amount of $6,503,000. 4. Eligibility Determination Services – provides program eligibility determination services to disadvantaged individuals so that they can access available services. • The proposed FY 2010 gross budget for Eligibility Determination Services is $43,352,000, a decrease of $5,142,000 below the FY 2009 approved amount of $48,494,000. 5. Quality Assurance – provides monitoring and review services for stakeholders so that they can be assured of quality human service delivery and accountability. • The proposed FY 2010 gross budget for Quality Assurance is $4,095,000, an increase of $278,000 from the FY 2009 approved amount of $3,818,000. 6. Subsidy and Childcare Eligibility – provides determination of the eligibility of applicants for subsidized childcare services funded by the federal and District governments. • The proposed FY 2010 gross budget for Subsidy and Childcare Eligibility is $39,963,000, an increase of $29,776,000 from the FY 2009 approved amount of $10,187,000.

Agency Mission and Structure The mission of the Income Maintenance Administration (IMA) is to determine the eligibility of applicants and re-certify application for assistance programs funded by the Federal and District governments. IMA also has the goal of assisting low-income individuals and families obtain and maintain employment, so they can achieve economic self-sufficiency. IMA determines eligibility for benefits under the following programs: • • • •

Temporary Assistance to Needy Families (TANF) Medicaid DC Healthy Families Food Stamps 35

• • • •

General Public Assistance for Children Burial Assistance Interim Disability Assistance Refugee Cash Assistance In addition, IMA’s Food Stamp Employment and Training Program (FSET) provides employment and training services to able-bodied adults without dependents who receive food stamps. IMA also performs monitoring, quality control and reporting functions required by federal law and court orders. IMA’s Administrator provides leadership and policy guidance and directs the overall management and daily operation of the Administration through its deputy administrators and office heads, and seeks to maximize compliance with Federal and District of Columbia regulatory requirements and court orders. The Office of the Administrator oversees four divisions: The Division of Program Operations delivers services through seven Decentralized Service Centers located in low-income neighborhoods throughout the city. These centers are:

• • • • • • •

Anacostia – 2100 Martin Luther King Avenue, SE Congress Heights – 4001 South Capitol Street, SW Eckington – 51 N Street, NE Fort Davis – 3851 Alabama Avenue, SE H Street – 645 H Street, NE Taylor Street – 1207 Taylor Street, NW Northeast – 3917 Minnesota Ave, NE Staff at these centers accepts applications and determines or re-certifies the eligibility of lowincome DC families and individuals for social service assistance, including Temporary Assistance to Needy Families (TANF), General Public Assistance for Children (GPA), Interim Disability Assistance (IDA), Medicaid, Food Stamps, Refugee Services, and Burial Assistance. The Food Stamp Employment and Training Program, which helps find employment for Food Stamp recipients who do not have dependents, and the Office of Work Opportunities, which helps heads of households applying for TANF seek jobs while their applications are under review, are also part of this division. The Division of Program Development and Training provides expert guidance regarding federal and local laws and regulations and compliance with court orders. Its staff develops and documents policy to guide the determination of eligibility, and ensure that Income Maintenance staff acquire and maintain the knowledge and skills required to deliver services according to established policies and procedures. The Division of Monitoring and Quality Assurance monitors IMA’s compliance with federal and local laws and regulations, and court orders addressing the accurate and timely determination of 36

eligibility and administration of benefits. The division coordinates an annual “Food Stamp Payment Accuracy” conference for IMA staff to meet federal requirements for continued training and review of errors in the determination of eligibility for food stamps. The Division of Information Systems plans, develops, oversees and supports the Automated Client Eligibility Determination System (ACEDS) and the TANF Information System. It serves as liaison with federal and local agencies in managing and reporting data on the administration of customer benefits and documentation of the accuracy and timeliness of benefit determination and issuance. Committee Recommendations According to the USDA, Food and Nutrition Service, 753 Farmers' Markets were authorized to accept Food Stamps, as of the end of FY 2008. This represents a 34 percent increase from FY 2007. There are several methods by which a Farmers' Market can accept a customer's Food Stamps. A primary method involves the food stamp recipient providing his/her EBT card to the market manager in return for tokens or paper coupons to make purchases from individual vendors. In Maryland and the District of Columbia, FreshFarm Markets is representative of the trend to make Farmers' Markets accessible to individuals on food stamps. Specifically, FreshFarm Markets at the Silver Spring, Maryland and the H Street, DC locations are now accepting Food Stamps, using the EBT/token method. In addition to the District of Columbia and Maryland, in the Mid-Atlantic region, Farmers' Markets in New Jersey and Pennsylvania also accept Food Stamps as a form of payment. In the Northeast Region, Farmers' Markets in Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island and Vermont accept Food Stamps. Interestingly, in Philadelphia, the Food Trust runs several Farmers' Markets that each accept Food Stamps. One of Food Trust's markets, the Clark Park Farmers' Market, in West Philadelphia, has recently become the first of the Food Trust markets to equip each farmer with a wireless machine so customers do not have to stop at the manager's table to use their EBT cards. Farmers' Markets on the West Coast are becoming as accessible to individuals on Food Stamps as those on the East Coast. Many Farmers' Markets in California, Arizona, Guam, Hawaii, Idaho, Oregon, and Washington now accept food stamps as a form of payment. Overall, according to the Food and Nutrition Service, Farmers' Markets in 31 states and the District of Columbia are now accepting Food Stamps. Accordingly: 1. The Committee directs the Department to utilize not less the $500,000 of federal stimulus funds develop a “Healthy Foods Initiative” initiative to supplement Food Stamps benefits for families receiving TANF benefits for use at area Farmer’s Markets to purchase locally grown and fresh produce. Additionally, the Committee continues to have concerns about the quality and consistency of eligibility determinations performed by IMA for Medicaid and Alliance coverage. Therefore, the Committee makes the following recommendation: 37

2. By October 1, 2009, the Department of Human Services shall report to the Council on implementation initiatives included within the fiscal year 2010 budget to limit Alliance coverage to District residents not eligible for other health insurance and ensure that the Alliance program is limited to District residents by enforcing residency requirements and program controls. Finally, in its Committee Report last year, the Committee recommended that the District expand its use of the “categorical eligibility” option for food stamps benefits. Categorical eligibility allows applicants to bypass the food stamp program’s outdated asset rules and gross income test rules. The asset rules prohibit households from participation if household assets exceed $2,000 ($3,000 for seniors) and gross income rules disquality most households from applying if their gross income earnings are above 130 percent of the poverty guidelines. 3. The Committee finds that expansion of the categorical eligibility rules would benefit the District’s food stamp program, and recommends Budget Support Act language to expand categorical eligibility rules in the District’s food stamps system of benefits.

Agency Management Program Mayor’s Proposal The Mayor’s proposed FY 2010 gross funds budget for Agency Management includes $18,525,000 and 121.5 FTEs. This budget request reflects a $1,040,000 and 17 FTE reduction when compared to the approved FY 2009 Agency Management budget of $19,565,000. Agency Mission and Structure The Agency Management Program is responsible for providing operational support and necessary tools to support the programs within the Department of Human Services to achieve operational and programmatic results. This program is standard for all Performance-Based Budgeting agencies. Committee Recommendations The Committee recommends approval of the Mayor’s FY 10 budget request for the Agency Management Program. Agency Financial Operations Mayor’s Proposal

38

The Mayor’s proposed FY 2010 gross funds budget for Agency Financial Operations includes $3,438, 000 and 33.8 FTEs. This budget proposal reflects a $314,000 and 2.3 FTE reduction when compared to the approved FY 2009 Agency Financial Operations budget of $3,752,000.

Agency Mission and Structure The purpose of the Agency Financial Operations program is to provide comprehensive and efficient financial management services to and on behalf of District agencies so that the financial integrity of the District of Columbia is maintained. Committee Recommendations The Committee recommends no change to the Mayor’s FY 2010 budget request for Agency Financial Operations. However, the Committee is concerned about the lack of transparency and difficulty in deciphering the budget request prepared by the Office of Budget and Planning. The Committee is grateful to DHS Agency Financial Operations personnel for helping to clarify questions and concerns promptly.

39

Agency Performance % of reduction in the FY 2007 food stamp error rate2

Measure Objective 1: Connect residents with the necessary range of support services that will create the enabling conditions to achieve the greatest possible degree of self-sufficiency. % of TEP participants that have obtained employment % of TANF participants that move out of sanctions (base 3300 in FY08) into employment or employment activity % of families receiving homeless services enrolled in person-centric Case Management services % of the 3000 identified TANF families, where child support payments are in arrears, where income increases by at least 5% Objective 2: End homelessness in the District of Columbia # of formerly homeless single adults receiving supportive housing and case management # of formerly homeless families receiving supportive housing and case management % of families moved from DC Village that do not reenter emergency homeless system from permanent housing % of Individuals in PSH that do not re-enter homelessness Objective 3: Intervene, protect and grow the capacity of District residents vulnerable to abuse, neglect, and exploitation. # of seniors that have had reported instances of abuse, neglect, or self-neglect that subsequently receive personal aide services Objective 4: Ensure ease of use, coordination, accountability and efficiency in the eligibility determination system. # of human services cluster interagency programs or projects linked, enhanced or developed via the Technical Interagency Resources Board collaboration or software implementation % of Medicaid eligibility determinations finalized within 40 days

N/A

N/A

2.14%

1.75%

1.80%

2.5%

FY 2007 Year-End Actual*

FY 2008 Original Target

FY 2008 Year-End Actual*

FY 2009 Projection

FY 2010 Projection

FY 2011 Projection

40% N/A

40% N/A

44% N/A

45% 7%

50% 10%

55% 15%

N/A

75%

46%

85%

90%

100%

N/A

N/A

N/A

100

800

1,100

N/A

40

301

400

TBD

TBD

N/A

75

213

100

80

80

N/A

95%

97%

95%

95%

95%

N/A

N/A

N/A

75%

80%

80%

N/A

50%

90%

75%

75%

75%

N/A

N/A

N/A

5

10

TBD

N/A

80%

99%

90%

95%

100%

1 Only includes those housed with local funding, others housed with federal funding. 2 The Food Stamp Error rate for FY07 was 8.31%. The Error Rate for FY08 has only been computed through August 2008 (one month remaining). The Rate through August 2008 is 6.21%-an estimated reduction of 2.14%.

40

C.

CHILD AND FAMILY SERVICES AGENCY

Child and Family Services Agency - Operating Budget Summary Table (Dollars in Thousands) Mayor’s Approved Approved Approved Proposed Committee Approved Percent FY 2010 FY 2007 FY 2008 FY 2009 Variance FY 2010 Change Local Funds 181,226 274,265 196,825 213,083 (100) 212,983 8.2% Dedicated Taxes 0 0 0 0 0 0 N/A Special Purpose 750 1,188 750 750 0 750 0.0% Federal Funds 31,950 37,701 30,998 58,203 0 58,203 89.7% Private Funds 152 309 23 22 0 22 -4.3% IntraDistrict 72,102 20,174 61,960 12,025 0 12,025 -80.6% GROSS FUNDS 286,180 333,636 290,557 284,083 (100) 283,983 -2.3% Child and Family Services Agency - Full Time Equivalent Table Local Funds 590.8 572.7 646.0 611.0 Dedicated Taxes 0.0 0.0 0.0 0.0 Federal Funds 102.0 85.9 116.0 281.0 Private Funds 0.0 0.0 0.0 0.0 IntraDistrict 165.0 162.9 178.0 0.0 GROSS FUNDS 857.8 821.4 940.0 892.0

0.0

609.0

-5.7%

0.0

0.0

0.0%

0.0

281.0

142.2%

0.0

0.0

0.0%

0.0

0.0

-100.0%

0.0

892.0

-5.1%

Executive Summary Mayor’s Proposal The Mayor’s proposed FY 2010 gross funds budget for the Child and Family Services Agency (CFSA) is $284,083,300 representing a decrease of $6,473,505 or 2.2 percent from the FY 2009 approved budget of $290,556,805. This funding supports 892.0 FTEs, a decrease of 48.0 FTEs, or 5.1 percent, from the FY 2009 approved level of 940.0 FTEs. The Mayor’s budget request represents an increase of 8.3% in local dollars over the FY 2009 approved budget.

41

Committee Recommendations 1. The Committee strongly supports the Mayor’s FY 2010 proposed budget increase for subsidies for the Grandparents Subsidy Program to $4,665,033, which represents an increase of $185,213. The Mayor’s increase will support the expansion of an additional 40 families in FY 2010. The Committee finds that a total of $1,600,000 would be necessary to support all 198 children currently on the waiting list. The Committee would like to abolish the waiting list yet is unable to find reductions within this agencies budget to support abolishing the waiting list in FY 2010. In order to assist a portion of those remaining on the waiting list the Committee is requesting that the full Council provide $1,100,000 in funding to support 122 of the 198 wait-listed children who are on the Grandparents Subsidy Program waiting list. The Committee recommends that the full Council provide $1.1 million in additional revenue to the Child and Family Services Agency for this purpose. Among the options that should be considered to meet this need is the adoption of a District-wide increase in the gasoline tax of $.01. 2. The Committee directs the Agency to eliminate all contracts for paid mentoring after they expire on January 30, 2010. For FY 2010 the mentoring contracts total approximately $2.5 million. Of the amount unexpended following the expiration of these contracts in January 2010, the Committee directs $1,190,000 to be allocated for the re-establishment of the Rapid Housing Program. At this funding level the program will be able to support 150 families and 110 emancipating youth in FY 2010. The Committee directs the Agency to use the remaining funds to support a transition to volunteer mentoring services. An action plan outlining how the Agency will move forward in building volunteer mentoring capacity shall be submitted to the Committee by October 1, 2009. 3. The Committee directs the Agency to competitively bid the services and programs currently administered through the Center of Keys for Life program to a private service provider. The contract shall continue services at a level no less than currently provided by CFSA. The amount of $1.29 million is directed for this contract. The Requests for Proposal shall be completed by January 1, 2010. CFSA will continue to administer the Education and Training Vouchers (ETV) program, currently part of the Keys for Life program. The ETV program is federally funded through the John H. Chafee Foster Care Independence Program (Chafee) and provides funds for states to assist youth in receiving post-secondary education and training. 4. The Committee recommends that CFSA in coordination with the Court Monitor and Plaintiffs in the LaShawn case evaluate whether contracting and procurement authority should be transferred back to the Office of Contracts and Procurement, and make a joint recommendation to the Committee by no later than January 1, 2010. 5. The Committee recommends the elimination of $818,959 for the build-out of CFSA’s Office of Youth Development staff and program space for the Youth Transition Center and directs the following: 42

•

The Committee directs the Agency to award a $75,000 grant to a private entity with a demonstrated record of providing services to youth in the District’s foster care system, to develop a comprehensive youth centered program and service delivery action plan for the establishment of a Youth Transition Center. Such plan shall be submitted to the Committee for review by January 1, 2010. The action plan will serve as an extension of the Center for the Keys for Life program and will guide the development of the Transition Center. The action plan shall focus on providing innovative quality programs aimed at assisting youth in making a successful transition to adulthood.

•

$50,000 to the Perry School Community Services Center, Inc. The Perry School was created in 1991 to address issues of chronic poverty in the North Capitol area of Washington, DC and provides services in youth development, economic empowerment and social services.

•

$68,359 to commission a longitudinal study conducted by a local School of Social Work on foster youth who have aged out of foster care.

•

$125,000 to the Parent Advocate Program. The purpose of this program is to facilitate strong relationships between birth families, foster parents, and social workers through early engagement soon after a child is placed in out-of-home care. The Parent Advocate Program embraces the philosophy that intensive and structured parentfocused services and support can assist parents and families in case planning and selfadvocacy to successfully reunify with their children. The project utilizes trained Parent Mentors who have, in the past, successfully reunified with their children under CFSA supervision. Parent Mentors provide families with one-on-one support and guidance as they navigate the child welfare and family court systems and help them obtain support services that will expedite their reunification. The Committee directs the Agency to provide a quarterly analysis, beginning on January 1, 2010, of the program’s outcomes.

•

$125,000 allocation to increase the number of youth served by the Permanency Opportunities Program (POP) operated through Adoptions Together. Under this program, Adoptions Together develops and leads a high impact team to review 40 cases of foster children and youth who have a permanency goal of adoption. The impact team is comprised of Adoptions Together staff, CFSA staff, and representatives of the private agencies serving the reviewed youth to evaluate 40 children and youth who have a permanency goal of adoption but who either have experienced delays in finalizing permanency with an identified family or who have not yet had a permanent family identified. These reviews identify barriers and determine the most effective approach to achieve permanency. The Committee directs the Agency to provide a quarterly analysis, beginning on January 1, 2010, of the program’s outcomes. 43

•

The Committee directs $125,000 to expand the Permanency Opportunity Program (POP). With this funding allocation the program can accommodate the unique needs of 25 youth of the 778 youth within the Another Planned Permanent Living Arrangement (APPLA) population. As CFSA identifies children from the APPLA cases, Adoptions Together shall provide training and technical assistance to CFSA in the POP logic model, processes, and procedures to ensure consistency and effectiveness in identifying permanency barriers and performing case mining for identified cases under the purview of this project as well as provide direct services. The Committee directs the Agency to provide a quarterly report, beginning on January 1, 2010, of the program’s outcomes, including a description of direct services and technical assistance to be delivered by Adoptions Together in the following five key areas: 1. Case mining; 2. Innovative and cutting edge best practice child-specific recruitment activities; 3. Training for prospective adoptive parents, foster parents, and teens; 4. Working with reluctant or resistant teens who are initially refusing adoption, through connection to volunteer mentoring programs, and partnership with an existing program that focuses on creating permanent connections with caring adults by providing youth with weekend host parents, conducting regular events at which youth can meet possible host and adoptive parents, and providing ongoing support to children and host and adoptive families; and 5. Matching, placement, and post-placement support.

•

The Committee directs the Agency to provide the Healthy Families Thriving Communities Collaboratives $75,600 to develop a plan to reduce the incidence of abuse and neglect by geographic area to be submitted to the Committee by January 30, 2010. The plan shall include but not be limited to data reflecting the past three years for both investigated and substantiated cases by geographic location and concrete recommendations.

•

$100,000 transferred to the Department on Disability Services (DDS) for the implementation of Facilitated Family Group Decision Making (FFTM).

•

A $40,000 grant to the Council for Court Excellence to perform an analysis and to make policy recommendations, to be received by the Committee by no later than January 1, 2010, regarding the D.C. Superior Court, Family Court Division’s, practices in granting Termination of Parental Rights requests by the Agency.

6. The Committee recommends that the full Council approve an inter-Agency transfer of $4.2 million from the Office of the Transportation Administer CFSA to support the Agency’s 44

responsibility for payment of the costs associated with the transportation of District wards with special needs placed in Maryland specialized foster homes. The transferred amount shall be viewed as a baseline and transportation costs that exceed this amount shall be the responsibility of CFSA. The Committee recommends the creation of a non-lapsing fund exclusively for any cost savings resulting from this transfer effective FY 2010. In order to encourage the creation of more specialized foster homes in the District, the Agency should consider using any cost savings to implement initiatives such as a payment differential for CFSA licensed specialized foster homes or an annual bonus payment for CFSA or private Agency licensed specialized foster parents in the District of Columbia. 7. The Committee directs the Agency, in consultation with public and private stakeholders, to develop a set of discrete set of performance measurements that can be used internally by the Monitor, the federal court, the Plaintiffs’ counsel, the City Council, for the Mayor’s CapStat process, and the public as recommended by the Public Catalyst Group in their December 2008 report, to be submitted to the Committee for review by October 1, 2009.4 8. The Committee directs the Agency to adopt a data management policy to eliminate any unnecessary data collection and analysis as recommended by the Public Catalyst Group in their December 2008 report.5 9. The Committee directs the Agency to submit plans for a differential response system by January 1, 2010, that will be reflected in the Agency’s FY 2011 budget request. The plan should reflect the Agency’s collaboration with community based organizations. CFSA shall adopt policies and procedures for the implementation of the differential response system that furthers the Agency’s mission and uses evidence-based features of differential response from other state systems. CFSA shall ensure that all workers are aware of and receive the appropriate training on the policies and procedures guiding the implementation of the differential response system. CFSA will also ensure that the system is consistent with best practices and that outcome data is provided in order to measure the system’s successfulness. The creation of a differential response system is the only remaining initiative identified in the “Repairing the Safety Net for At-Risk Youth and Families Reform Plan” highlighted in the Committee’s FY 2009 Committee Report under the oversight of CFSA that has not been met. 10. The Committee directs the Agency to submit plans for the implementation of a performance based-contract model by July 1, 2009 or before any Request for Proposals (RFP) are released. 11. The Committee directs the Agency to include the Healthy Families Thriving Communities Collaboratives and Healthy Families Thriving Communities Collaborative Council in any decision-making process related to funding reductions.

4 5

Report and Recommendation Pursuant to LaShawn v. Fenty Stipulated Order of October 2008 by the Public Catalyst Group. Ibid.

45

12. The Committee directs the Agency to gather data and provide analysis of outcomes for children youth and families as a result of co-location of CFSA in-home social workers and aides to the Healthy Families Thriving Communities Collaboratives, specifically reporting on the increase or decrease of substantiated abuse and neglect complaints regarding residents of each collaborative area, the increase or decrease in number of social worker visits to families, and the increase or decrease of family team meetings conducted prior to out of home placement to be submitted to the Committee by January 1, 2009. 13. CFSA currently refers families who are the subject of a report of abuse or neglect to the Healthy Families/Thriving Communities Collaboratives when the risk is determined to be low or moderate and the family needs additional support after the investigation closure. During the month of February 2009, 81 families who were the subject of substantiated reports of child maltreatment and who were determined to be of low or moderate risk for additional maltreatment were referred to seven Collaboratives through the Collaborative Liaison Office from the CPS Administration. The Committee directs the Agency to gather data and provide analysis of outcomes for low or moderate risk families that have been referred to the Healthy Families/Thriving Communities Collaboratives to be submitted to the Committee on a quarterly basis beginning January 1, 2010. The analysis should identify the category of the initiating report, services being provided, duration of the open Collaborative case, reason for case closure, and the number of cases per month that involve families that have previously received services from the Collaboratives. 14. The Committee recommends that the Agency develop a budget format that clearly explains and tracks the actual activities of the Agency. The Committee has continued to express concerns about the format of the CFSA budget. The Committee would encourage the Agency to work toward greater transparency and clarity in its budget presentation. It is impossible, for instance, to understand how funds are allocated for group home contracts, independent living contracts, the Center of Keys for Life, and other Agency programs, within the current budget format. It is impossible to discern how funds are tied to outcomes or reflect policy and programmatic priorities. Agency Mission, History and Structure The mission of the Child and Family Services Agency (CFSA) is to improve the safety, permanence, and well-being of abused and neglected children and to strengthen troubled families in the District of Columbia. . The Agency plans to fulfill its mission by achieving the following objectives: Objective 1: Ensure child/youth safety Objective 2: Expedite permanency for children/youth Objective 3: Ensure well-being for children/youth These objectives are funded through the following agency programs: 46

■Child Welfare - provides time-limited protective services to at-risk families and abused and neglected children so that they can achieve safety, permanency, and well-being either with their own families or in alternate family/community settings. ■Adoption and Guardianship Subsidy - provides financial assistance services to eligible relatives and adoptive parents so that they can maintain children in permanent homes. ■Out of Home Care and Support - provides placement, health care, and related services to children living away from home and in CFSA custody so that they can be safe and nurtured until they are reunited with their families or placed in a permanent home. ■Community-Based Services - provides community-based prevention, supportive, and aftercare services to families and children at-risk in the neighborhoods so that they can achieve safety, permanency, and well-being in the least restrictive setting, maximizing the use of informal and formal support systems. ■Agency Management - provides for administrative support and the required tools to achieve an agency’s operational and programmatic results. This program is standard for all agencies using performance- based budgeting. ■Agency Financial Operations - provides comprehensive and efficient financial management services to and on behalf of District agencies so that the financial integrity of the District of Columbia is maintained. This program is standard for all agencies using performance-based budgeting.6

Historical Context In 2001, U.S. District Judge Thomas Hogan returned the child welfare system to the District after it had been placed in a federal receivership for a period of five years. Upon return, the District established the Child and Family Services Agency. The Child and Family Services Agency was federally mandated, under the LaShawn v. Williams Modified Final Order and Court-Ordered Implementation Plan, adopted in 2003, to meet a wide range of benchmarks. The Center for the Study of Social Policy (CSSP) is the monitor of achievement of the benchmarks and completes regular progress reports on the Agency in preparation for Agency status hearings before the Court. On February 27, 2007, Judge Hogan approved an Amended Implementation Plan that was developed during facilitated negotiations between the District and Children’s Rights Incorporated, the Plaintiffs in the litigation now known as LaShawn v. Fenty. This plan was to guide the District’s efforts through December 31, 2008, to meet the standards of the LaShawn Remedial Order and the high expectations the Council and District residents have for our child welfare system. 6

FY 2010 Proposed Budget and Financial Plan. Child and Family Services Agency, Volume 3.

47

However, in the aftermath of the Jacks/Fogle case, CFSA experienced challenges to their operations and subsequent challenges with Lashawn compliance. In the months following this tragic case, CFSA experienced an unprecedented increase to the volume of calls made to the CPS Hotline. This increase threatened the stability of the Agency’s Intake/Investigations Unit and resulted in alterations to the scope and work of the 2008 Strategic Plan. At the April 12, 2008, Budget Oversight hearing convened by the Committee, Judith Meltzer, Deputy Director of the Center for Study of Social Policy and Court-Appointed Monitor for LaShawn A. v. Fenty testified: “We had hoped by this date the District would be further along its path toward a high quality child welfare system and that the discussions regarding the LaShawn lawsuit would be about sustaining performance and outcome achievement. Unfortunately, our current work remains focused on the strategies and corrective actions necessary to both stabilize the Agency in the aftermath of the Jacks/Fogle children’s deaths and to resolve longstanding gaps in performance. The dramatic workload increase caused by the community’s response to the tragedy has, in our view, negatively impacted CFSA and has threatened forward progress and momentum for positive change.”7 In July 2008, Children’s Rights filed a motion for contempt citing continued noncompliance and worsening of the agency’s performance. Understanding the necessity to focus work on the stabilization of basic operations and that commitments to fully implement reform strategies in 2008 would be stymied, a joint decision was made by the Parties to agree to a Stipulated Order outlining outcomes and benchmarks the District would complete between October 1 and December 31, 2008, holding the Plaintiff’s motive for contempt in abeyance.8 CFSA successfully completed all requirements of the Stipulated Order by December 31, 2008, with the exception of two, the development of an annual strategy plan for 2009 and the selection of a permanent Director with the input and approval of the Plaintiffs and Monitor. As part of the Stipulated Order, the Public Catalyst Group ("PCG") was hired by the District to conduct a comprehensive review of CFSA operations. In its report, PCG recommended that CFSA immediately form a six-month bridge plan, acceptable to the Court Monitor, to guide agency reform efforts between January 1 and June 30, 2009.9 The District proposed a six-month bridge plan and met with the parties to discuss its provisions in January 2009. On January 26, 2009, the District independently submitted a Six Month Strategy Plan to the Court for approval. In response to the District’s independent submission of a six-month plan, Plaintiffs renewed their motion for contempt. Prior to a scheduled status hearing on February 6, 2009, the District filed an addendum to the Six Month Strategy Plan and submitted a separate motion to establish a definitive timeline for termination of the Consent Decree. At the conclusion of the February 6, 2009, status hearing, Judge Hogan set a date for an omnibus hearing on all of the outstanding motions including 7

Testimony of Judith Meltzer, Deputy Director, Center for the Study of Social Policy and Court-Appointed Monitor for LaShawn A. v. Fenty, Committee on Human Services Hearing, February 25, 2009. 8 See, October 6, 2008 Stipulated Order. 9 Report and Recommendations Pursuant to LaShawn. v. Fenty Stipulated Order of October 2008. Public Catalyst Group, December 23, 2008.

48

Plaintiff’s motion to find the District in contempt and the District’s motion to establish a definitive timeline for termination of the Consent Decree.

CFSA Performance Review Since the tragic deaths of the Jacks/Fogle children the Agency has demonstrated its commitment to strengthening their operations moving forward on many fronts including stabilizing the agency through solidifying the leadership team, dramatically improving the process of investigating child abuse and neglect, increasing social work staffing, and the implementation of the reforms outlined in the “Repairing the Safety Net for At-Risk Children and Families Reform Plan”, which was highlighted in the Committee’s FY 2009 Budget Report.10 In April 2009, the Office of the Inspector General released the “Report of Special Evaluation: Interactions between the Jacks/Fogle Family, District Agencies, and other Service Providers (2005-2008)”, which outlined recommendations for the government agencies that touch the lives of this troubled family. Prior to the release of this report and immediately following the deaths of the Jacks/Fogle children, the Agency implemented the following reforms, which were highlighted in testimony submitted by Peter Nickles, the Attorney General for the District of Columbia, during the February 11, 2009, Oversight Roundtable on a Review of Repairing the Safety Net for At-risk children and Families Reform Plan One Year After the Jacks’ Tragedy: •

In collaboration with experts from Casey Family Programs and Child Welfare League of America, reviewed 306 investigations closed as incomplete in 2007, reopened 84 (27%) where children might have remained at risk, and completed steps to re-close these investigations safely. Today CPS will not close investigations until the child is located.

•

CFSA has taken steps to reform CPS policies/procedures -- most significantly, to keep investigations open until social workers locate families and ensure children are safe. The Agency is now implementing real-time quality assurance process in CPS which will include regular review of random samples of investigations. Further, the Agency is receiving technical assistance from the National Resource Center for Child Protective Services (NRCCPS). The NRCCPS is assisting with the review/evaluate hotline and investigative policies, procedures, and practices. This project is expected to be completed during the summer 2009 with updates the current Hotline and Investigations policies scheduled for completion March 2009 and September 2009 respectively.

•

10

On February 2, 2009 CFSA launched online training for mandated reporters (people required by law to report known or suspected incidents of child abuse and neglect in the District). The agency engaged experts to develop online training which is available at

Repairing the Safety Net for At-Risk Children and Families Reform Plan

49

http://dc.mandatedreporter.org. The free, online course is now available to all DC government staff private agencies, and the general public. •

CFSA is now implementing a real-time quality assurance process in CPS, which includes: (1) Grand Rounds: a monthly, multi-disciplinary process that includes internal and external professionals who staff cases, identify case- specific barriers to child safety and recommend solutions and next steps; (2) Regular review of random samples of investigations by CPS Program Managers using a standard review tool. This review will be followed by a validation review conducted by CFSA quality assurance staff. The goal will be to identify common issues and supervision and training needs; and (3) Mid-investigation reviews: The third real time process, which involves the CPS program managers, supervisors and workers, is a review at the 18th day of an investigation. The purpose of this review is two-fold: to ensure the investigation is on track to be closed within 30 days from assignment and to ensure that children have been seen and safety assessments have been completed.

•

CFSA has expanded Coaching, Modeling and Teaching (CMT) Case Review Process to include hotline intake calls and investigators. The DC ChildStat has been in continuous operation since March 2008. Each month one to four cases are reviewed by agency leadership, legal, clinical consultants, quality assurance, policy, and other program areas. These staffings always include the participation of the agency director and senior deputies and administrators, thus assuring that the individuals presenting recognize the significance of the meeting. Over the past year, observers from the Office of the City Administrator as well as those from other District agencies have been invited to attend.

•

CFSA has developed policies for incorporating detail in reporting. CFSA has conducted additional training for Hotline workers to improve their interaction with callers and to enhance the thoroughness of critical information they collect and document from reporters of child abuse/neglect.

•

The agency has significantly upgraded technology of the child abuse and neglect hotline (202-671-SAFE). The new system allows supervisors to monitor calls in real time for quality assurance purposes, quickly retrieve recordings of specific call for review, and generate management reports. Hotline staffs are trained, and the new system is fully operational.

•

CFSA has instituted an accountability review of past critical events. CFSA publishes an annual Child Fatality report detailing trends, findings, and recommendations about fatalities of children who had contact with CFSA at any time in the previous four years. The annual report and other reports are posted on the CFSA web site. 50

When child fatality occurs and the child is known to CFSA or where child maltreatment is suspected cause of death, CFSA convenes a Critical Event meeting to gather facts about the case, to provide direction on immediate case activities, and to determine if the fatality meets the criteria for an internal child fatality review. CFSA is currently working on an updated Critical Event policy which will be released during FY09. Internal Child Fatality Reviews are held on all cases that were known to CFSA within 4 years of the child's death. In addition, the internal review meetings are used to identify immediate case-specific corrective actions, identify new and ongoing systemic issues and prepare for the city-wise CFRC review. •

CFSA has raised community awareness of (202) 671-SAFE and indicators of potential child maltreatment. The agency has reviewed, upgraded, and revamped information about reporting child abuse/neglect on its website, and made it more user-friendly. Additionally, the new online training for mandated reporters contains extensive information on recognizing the signs of child abuse and neglect and how to make a report. This online training is free and available to the public.

•

CFSA will continue to build a city-wide abuse and neglect prevention plan. In partnership with the Interagency Collaboration and Services Integration Commission (ICSIC) and Prevent Child Abuse America, CFSA is developing a city-wide child abuse and neglect prevention plan which will represent input from the community and wide variety of stakeholders, including advocacy organizations that work on behalf of children and youth, advocacy groups, universities, public policy organizations and research centers.

•

CFSA included the creation of an Early Intervention Differential Response System as a goal in its FYO9 Performance Plan, and towards that end, the agency is developing a model of differential response that will best fit the needs of the District and which will be supported other government agencies as well as community-based partners. Over the past year, with the assistance of the National Resource Center and the American Humane Association, CFSA has been research various approaches to differential responses.11

The Agency’s Response At the Committee’s April 3, 2009, Budget Oversight Hearing, the Agency’s Acting Director, Dr. Roque Gerald, stated that the agency was intensely focused on furthering child welfare reforms and providing what children and youth need most: safety, well-being, strong families, and permanent homes. At the end of January 2009, Dr. Gerald testified, the District child welfare

11

Testimony of Peter Nickles, Attorney General, Committee on Human Services Hearing, February 11, 2009.

51

population was 4,654 children and youth. This includes 2,048 children (44 percent) living in their birth homes, and 2,237 (48 percent) in foster care. In summarizing the Mayor’s overall FY 2010 budget request, Dr. Gerald highlighted that of the $284,083,300 allocated in FY10, $213,083,000 is local funding representing an 8.3% increase. Dr. Gerald identified the purpose for this increase as a result of significant changes the agency is making regarding federal claiming. He explained: “As you know, recent internal audits of Medicaid claiming resulted in large disallowances of claims made under the Medicaid Targeted Case Management (TCM) and Rehabilitative Option programs. Given these results and an examination of current Medicaid claiming practices, it became apparent that future disallowances would more than likely occur unless we substantially changed practices. In response, CFSA in concert with the Department of Health Care Finance (DHCF) has undertaken the following: • • •

First, we stopped claiming for Medicaid TCM and Rehabilitative Services; Second, we shifted a portion of this claiming to Title IV-E (Foster Care) federal grant; Third, we engaged with the DHCF to restructure how we claim for services under the Rehabilitative Option program. We anticipate completing this work in FY 2009 and restarting claiming for these services by the second quarter of FY 2010.

Recognizing the transitions in our Federal claiming and ensuring that our planning for future claiming is done in a manner that maximizes Federal revenue while adhering to Medicaid’s program rules, the FY 2010 budget includes an increase of $19,415,079 in local funds. This funding is intended to serve as a “bridge” and ensure that services to our children and families are not disrupted.”12 The Agency maintains that the changes in claiming to TCM and services under the Rehabilitative Option will not have an impact on the delivery of services to children. The Committee will closely monitor the Agency during this transition to ensure that children are receiving the services that they need. The Committee is also aware that a significant internal challenge related to TCM and Rehabilitative claming was the accurate documentation of services. The Committee expects the Agency to ensure that CFSA staff and private agency staff are appropriately trained in documentation methodology. In his testimony, Dr. Gerald also identified additional program enhancements contained in the Mayor’s budget request which included the co-location with Safe Shores/DC Children’s Advocacy Center (CAC), the establishment of the Youth Transition Center, and additional funding for In-Home Services and Adoption Subsidies. Dr. Gerald also noted that the proposed budget supported the continuation of the Grandparents Subsidy Program at a funding level of 12

Testimony of Dr. Roque Gerald, Acting Director, Child and Family Services Agency, Committee on Human Services Hearing, April 3, 2009.

52

$4,844,000 for FY2010.The Grandparent Subsidy Program offers financial support to help eligible relatives house, feed, clothe, and raise children, which prevents their entry into foster care. It is the only one in the country that offers subsidy levels equal to the foster care subsidy. In acknowledging the importance of families caring for their own children, the District sets a national example by fully supporting this valuable program entirely with local dollars. Dr. Gerald testified at the conclusion of his presentation at the April 3, 2009, Budget Oversight Hearing: “At our oversight hearing last month, I closed by asking that as a community, we work together to achieve the bottom line, which is protecting, serving, and helping our most vulnerable children and families. The Mayor’s proposed FY 2010 budget is one that we can all be proud of because it demonstrates commitment to a strong safety net for District children, youth, and families.”13 Mayor’s FY 2010 Budget Request Mayor's Proposed FY 2010 Budget for CFSA Agency Management 11%

Agency Financial Operations 1%

Community B ased Services 9%

Child Welfare 17% Adoption and Guardianship Subsidy 14%

Out of Home Care and Support 48%

Child Welfare. This program provides time-limited protective services to at-risk families and abused and neglected children so that they can achieve safety, permanency and well being either with their own families or in alternate family/community settings. The program’s ten activities are: • In-Home and Reunification • Foster Care • Intake and Investigation • Teen Services • Adoptions • Policy • Facility Licensing • Quality Improvement 13

Ibid.

53

• •

Planning and Data Analysis Training

The Mayor’s proposed budget for FY 2010 for this program is $46,962,000. This represents an increase of $3,188,000 over the FY 2009 approved level of $43,774,000. This budget supports 523 FTEs, a decrease of 13.0 FTEs from FY 2009. Adoption and Guardianship Subsidy. This program provides financial assistance services to eligible relatives and adoptive parents so that they can maintain children in permanent homes. This program contains the following three activities: • Adoption and Guardianship Subsidy • Guardianship Subsidy • Grandparents Subsidy The Mayor’s proposed budget for FY 2010 for this program is $39,074,000. This represents a decrease of $794,000 from the FY 2009 approved level of $39,868,000. There are no FTEs funded by this program. Out-of-Home Care and Support. This program provides placement, health care and related services to children living away from home and in CFSA custody so that they can be safe and nurtured until they are reunited with their families or placed in a permanent home. This program’s six activities are: • Child Placement • Family Resources • Health Services and Clinical Support • Licensing and Monitoring • Family Licensing • Congregate Care Programs The Mayor’s proposed FY 2010 budget for this program is $138,406,000. This represents a decrease of $6,056,000 from FY 2009. This budget supports 203 FTE positions, a decrease of 13 FTEs from FY 2009. Community-Based Services. This program provides placement, health care, and related services to children living away from home and in CFSA custody so that they can be safe and nurtured until they are reunited with their families or placed in a permanent home. This program has one activity, Community-Based Services. The Mayor’s proposed FY 2010 budget for this program is $25,121,000. This represents a decrease of $2,055,000 from FY 2009. This budget supports 7 FTE positions, an increase of 7 FTEs over FY 2009.

54

Agency Management. This program provides for administrative support and the required tools to achieve operational and programmatic results. This program is standard for all agencies using performance-based budgeting. The Mayor’s proposed FY 2010 budget for this program is $31,950,000. This is represents a decrease of $818,000 from FY 2009. This budget supports 132 FTEs, a reduction of 28.0 FTEs. Agency Financial Operations. This program provides comprehensive and efficient financial management services to, and on behalf of, District agencies so that the financial integrity of the District of Columbia is maintained. This program is standard for all agencies using performancebased budgeting. The proposed FY 2009 budget for this program is $2,571,000. This represents an increase of $62,000 over FY 2009 funding levels. This budget supports 27 FTEs, a decrease of 1 FTEs. Committee Response to Program Enhancements The budget proposal includes the following program enhancements. Increase of $1,500,000 to support In-Home Service and Adoption Subsidies. Over the last year CFSA has experienced an increase of 61 percent in its in-home population. Under this program enhancement there will be an additional allocation of $500,000 to the Agency’s InHome program to support the costs associated with providing emergency assistance to families. The remaining $1,000,000 of this program enhancement will be used to support new permanency initiatives associated with the LaShawn Stipulated Order. The additional funding will be used to address the projected increase in adoptions as a result of the implementation of these initiatives and the projected increase in contractual costs of expanding services to all children and youth with the permanency goal of adoption. The Committee fully supports these enhancements and admonishes the Agency to keeping a watchful eye on resources that may be stretched as a result of the economic hardships families may experience in the current and coming fiscal year and possible increases in the number of children at-risk of child abuse and neglect. The Committee urges to Agency to quickly identify any surges on the demand for resources to serve children and families in crisis and request supplemental appropriations. The DC Children’s Advocacy Center (CAC) The Mayor’s proposed FY 2010 budget includes one-time funding of $246,073 for moving and build-out costs and an additional $350,000 in operating funds. These additional funds will support additional child abuse prevention education and outreach and increase the length, depth and breadth of service to each child victim of abuse referred to Safe Shores/CAC by DC’s Multidisciplinary Team on Child Abuse Investigations and Prosecutions (MDT) through the expansion of existing programs (i.e., therapy, victim services, and forensic services). 55

The Committee supports the realization of the multidisciplinary team/children’s advocacy center model in the District and the opening of the new Safe Shores/ MDT location at the former Bundy School. With the implementation of this best-practice CAC model, the District will finally be in full compliance with 2002 legislation passed by the City Council that amended the Prevention of Child Abuse and Neglect Act of 1997 that mandates a MDT approach but more importantly, the city will be in a better position to provide comprehensive quality services to children who are victims of physical and sexual abuse. The Youth Transition Center In FY 2010, CFSA, other youth-serving District agencies, and community-based organizations will move into the former Merritt School. This facility is being re-purposed into a one-stop service that will provide life skills training, employment services, and a range of supports for older District youth. The proposed budget for CFSA includes $818,959 in one-time funds for moving and build-out costs. While the Committee supports the concept of a Youth Transition Center as a best practice for supporting successful transitions to adulthood, the following concerns have impacted the decision to fully support the $818,959 allocated to the initiative in the proposed budget: •

The Committee is concerned that a comprehensive program and service delivery plan has not been presented. The Committee also questions the extent to which CFSA plans to gain feedback from the youth that will be served by the Transition Center and their commitment to including these youth in any future program planning process.

•

The Committee understands that part of the build-out initiative includes the transitioning of CFSA’s existing Office of Youth Development, under which the Center of Keys for Life program operates. Youth in foster care age 16 and older can receive services through the Keys for Life program. This program, which is the Agency’s life skills training program, is specifically charged with preparing youth for self-sufficiency. However, in testimony submitted to the Committee during a recently held roundtable for youth in foster care, the Keys for Life program was described as “disorganized”, “unhelpful”, and “not hands-on enough”. The Committee is doubtful that the Agency has the ability to effectively engage and meet the complex needs of youth aging out of care by continuing to provide services through the Keys for Life program in its current manner and questions whether this transition to a new location will coincide with desperately needed programmatic changes. The Committee has not received concrete plans regarding essential activity and program enhancements that address gaps in service or plans to restructure the program’s current format based on recommendations made by the youth the program serves.

•

There is growing concern within the youth advocacy community about the adequacy of the Merritt School as the site for the Youth Transition Center. In testimony presented to the Committee concerns specifically regarding safety and accessibility to transportation were expressed. 56

Conclusion In general, the Committee is pleased that the level of funding in the proposed FY 2010 budget for the Child and Family Services Agency reflects a continued support for agency reforms and initiatives from the previous fiscal year including the expansion of mental health services, the Title IV-E social worker training program to promote retention and recruitment, increased family team meetings, the provision of short-term respite care for foster care families, and the colocation of social worker support units in the community given economic challenges. The Committee strongly supports the decision to protect all social work positions within the agency and appreciates efforts to restrict cuts to less essential administrative functions and in those areas where administrative efficiencies can be achieved. The Mayor’s Office and the Attorney General have stated the firm desire to end the LaShawn Court Oversight and monitoring by the Center for Study of Social Policy (CSSP). Ultimately, it will be up to the Parties and the Federal District Court Judge to determine the outcome. While the Committee understands that this is clearly a priority for CFSA, there are other issues that demand the Agency’s continued attention. The Committee is very concerned about the number of youth with the permanency goal of Another Planned Permanent Living Arrangement (APPLA). As of February 2009, there were a total of 2,218 children and youth in foster care, 778 of these youth had a permanency goal of APPLA.14 Although the Agency has begun to implement strategies to prevent the historic overuse of APPLA as a permanency goal, this work has just started and has not yet resulted in a significant decline in the number of youth in this population. In comparison to the national average of 14 percent, 35 percent of the District’s foster youth are goaled APPLA.15 The Committee expects to see a far higher standard in the coming years. The Agency has much work to do on this front and steadfast commitment is necessary to ensure that barriers to permanency are identified and aggressively addressed. Other areas in need of improvement and reform include the strengthening and in many cases the re-establishment of ties between youth and their birth families, ensuring that foster youth are adequately prepared to make a successful transition to adulthood, increasing placement options, ensuring the quality and consistency of private care services, ensuring the adequacy of mental health services for youth in care, increasing collaboration with successful community-based organizations, and the development of tracking measures to determine the extent to which all community-based prevention activities are achieving reductions in the incidence of child abuse and neglect in concrete and measurable terms. The Committee acknowledges the strides that the Agency has made but will continue to closely monitor the outcomes of reform efforts. The Committee expects and District citizens deserve a transparent, effective and efficient system constantly striving for compliance with best practice 14

February 2009 Trend Analysis and Management Reports Report and Recommendations Pursuant to LaShawn. v. Fenty Stipulated Order of October 2008. Public Catalyst Group, December 23, 2008. 15

57

in all aspects of child welfare work. It is the hope of the Committee that the FY 2010 budget will keep the Agency on track to becoming high-performing child welfare agency that is consistently focused on achieving positive outcomes for children and families. Agency Performance Table RL0-6 Agency Performance Measures Performance Measure 1. Rate of substantiated child abuse/neglect per 1,000 Children in DC 2. Total CFSA population Objective 1 3. Percent of CFSA children/youth in foster care 4. Percent of CFSA children/youth receiving in-home services 5. Percent of investigations attempted or initiated within 24 hours of being accepted 6. Percent of investigations closed within 30 days 7. Percent of children/youth in foster care receiving at least 2 visits per month from the social worker 8. Percent of children/youth in-home receiving at least 2 visits per month from the social worker Objective 2 9. Percent of children/youth in foster care placed with kin 10. Percent of children/youth in an approved adoptive placement within 9 months of their goal of adoption 11. Percent of children/youth in foster care who achieve permanency Objective 3 12. Percent of children/youth who were victims of substantiated or indicated abuse or neglect during the first 6 months of the reporting year, who did not experience another incident of substantiated or indicated abuse or neglect within a 6-month period (Federal Benchmark: 94.6% or higher) 3 Objective 4

FY 2007 Year-End Actual

FY 2008 Original Target

FY 2008 Year-End Actual

FY 2009 Projection

FY 2010 Projection

FY 2011 Projection

N/A

N/A

N/A

N/A

N/A

N/A

4,557

3,979

N/A

N/A

N/A

N/A

50.5%

N/A

55.9%

N/A

N/A

N/A

48.1%

N/A

43.2%

N/A

N/A

N/A

48.6%

65%

55.3%

65%

75%

80%

56.3%

100%

37.6%

100%*

100%*

100%*

74.8%

100%*

86.3%

100%*

100%*

100%*

46.7%

100*%

71.5%

100%*

100%*

100*

17.5%

16%

14.7%

20%

22%

25%

57.7%

100%*

54.4%

100%*

100%*

100%*

46.9%

45%

1

40.6%

48% 2

50.2% 2

52% 2

N/A 2

N/A

N/A

100%*

100%*

100%*

903

920

912

930

940

955

10

11

11

15

15

15

13. Total number of licensed foster homes 4 14. Average caseload per worker

58

*FY08 projections reflect LaShawn v. Fenty Amended Implementation Plan (AIP) which requires 100% compliance by the end of 2008. 1 The rate of child abuse/neglect is based on the number of substantiations (in FY06: 2,889), divided by the child population (FY06: 114,881), multiplied by 1,000. Source: 2006 Population Estimate, U.S. Census Bureau; FACES INV086, CFSA. 2 Multi-composite national standard measures calculating the percentage of youth that have exited care at the end of the fiscal year with the following exit reasons: adoption, guardianship and reunification. 3 This measure is reported to CFSA by the ACF. The latest numbers reported are 2006. CFSA submitted data to the National Child Abuse and Neglect Data System (NCANDS) on March 31, 2008. The data should be available in September 2008.

59

D.

DEPARTMENT ON DISABILITY SERVICES

Department on Disability Services Actual Actual Approved FY 2007 FY 2008 FY 2009 Local Funds 0 81,911 89,071 Special Purpose 0 4,099 5,800 Federal Funds 0 21,934 26,083 Intra-District 0 400 0 GROSS 0 108,344 120,955 FUNDS Department on Disability Services Local Funds 0.0 304.2 Special Purpose 0.0 0.0 Federal Funds 0.0 147.6 Intra-District 0.0 0.0 GROSS FUNDS 0.0 451.8

Proposed Committee FY 2010 Variance 66,540 100 6,200 0 26,923 0 0 0 99,663

100

Approved FY 2010 66,640 6,200 26,923 0

Percent Change -25.2% 6.9% 5.5% 0.0%

99,763

-17.5%

257.2

212.6

1.0

213.6

-17.0%

0.0 209.4 0.0

0.0 209.2 0.0

0.0 0.0 0.0

0.0 209.2 0.0

0.0% 0.1% 0.0%

466.6

421.8

1.0

422.8

-9.4%

Executive Summary The mission of the Department on Disability Services (DDS) is to provide innovative high quality services that enable people with disabilities to lead meaningful and productive lives as vital members of their families, schools, workplaces and communities in every neighborhood in the District of Columbia. The agency plans to fulfill its mission by achieving the following objectives: Objective 1: Enable individuals with developmental disabilities to maximize their independence and exercise meaningful choice and control over their own lives. Objective 2: Promote the health and wellness of people with developmental disabilities. Objective 3: Increase the employment and economic independence of individuals with disabilities. These objectives are funded through the following agency programs: ■Developmental Disabilities Administration - provides individualized services, supports, and life planning to eligible persons so that they can fully participate in the community. ■Rehabilitation Services - assists disabled persons with employment and independent living in the home and the community. The program provides an array of vocational preparation services 60

for entry into the labor market, including counseling and guidance, assessment services, physical restoration, vocational training, job search and placements, as well as job retention services. ■Agency Management Program - provides for administrative support and the required tools to achieve operational and programmatic results. This program is standard for all agencies using performance based budgeting. ■Agency Financial Operations - provides comprehensive and efficient financial management services to and on behalf of District agencies so that the financial integrity of the District of Columbia is maintained. This program is standard for all agencies using performance-based budgeting Mayor’s Proposal The Mayor’s proposed FY 2010 gross funds budget for the Department on Disability Services includes $99,663,013 and supports 421.8 FTEs, a decrease from FY 2009 approved levels of $120,954,826 and 466.6 FTEs. The Mayor’s budget request for the Department of Disability Services is $99,663,013 which reflects a 17.6 percent decrease over the FY09 final budget approval of $120,954,826. This decrease reflects a transfer of approximately $19 million dollars to the Department of Health Care Finances (DHCF) to fund the local share of the Home and Community Based (HCBS) waiver. The Committee strongly supports this transfer to the DHFC budget from the DDS budget as it is felt that this will create a system that necessitates a greater level of collaboration, thus enabling both DHCF and DDS to better manage and to more easily shift funding from the ICF/DD program to the waiver as more of these facilities close and more people enroll in the waiver over the next three to five years. This new configuration will encourage the facilitation of on-going meetings and processes to ensure that joint inter-agency (and intra-agency) strategic planning, decision making and comprehensive management of the ICF/DD, and both current and future waiver programs occurs as these programs continue to evolve This relatively recent successful collaboration has resulted in ICF/DD rate issues being resolved and with provider payment issues also being for the most part resolved. For this transfer to be successful it must be supported by a strong interagency agreement that will spell out how DHCF will work with DDS to implement these policy and programmatic objectives and to create a long-term understanding by each agency of its current and future roles and responsibilities to each other and to the people of the District of Columbia. The Committee also supports the additional transfer within the agency’s budget of $3.4 million dollars previously budgeted (FY09) for the federal court for EVANS compliance efforts and to the Quality Trust (providers of monitoring, legal services, and advocacy) to the Agency Management Program within DDS to make there purpose and use more transparent. 61

The Committee will also continue its own oversight work in collaboration with the Committee on Health to assure the on-going coordination between these two agencies and any others deemed integral to the delivery of these important services. The Committee will continue to seek assurances form DDS regarding the quality of service coordination (previously case management) across both Administrations within the DDS agency - The Developmental Disabilities Administration and Rehabilitation Services Administration. As Director Heumann testified at the Performance Oversight Hearing on February 19, 2009,” both DDA and RSA share a common mission, to provide innovative high quality services that enable people with disabilities to lead fuller lives as vital members of their families, schools, workplaces, and communities in every neighborhood in the District of Columbia”. These are goals that are wholeheartedly shared by the Committee. As stated in an earlier Committee Report, it is felt by the Committee that such operational efficiencies can and must be achieved not just within DDS, but across all of the Human Services agencies of the District Government. To achieve this goal of an enhanced and more fully functional and responsive service coordination system, the Committee is requesting that appropriate DDS staff pursue researching options for additional family/individual supports such as the “Family Group Decision Making” model. The Committee directs a transfer of $100,000 from the Child and Family Services Agency to the Department on Disability Services/Developmental Disabilities Administration to develop and implement Facilitated Family Team Meetings (FFTM) for youth transitioning from CFSA to DDS. These funds shall be used to support one (1) additional FTE who shall be a person qualified in the practice of FFTM. The first year of this initiative shall be considered a pilot project. An annual report on the initiative shall be submitted to the Committee by no later than September 30, 2010. The suggestion of implementing FFTMs was recommended at both the Performance Oversight Hearing of February 19, 2009 and at the Budget Hearing of March 25, 2009. The Committee will work with DDS and other relevant agencies to further research other possible service coordination methodologies felt to be appropriate to this population. Furthermore, it has been requested that DDS set up a “pilot program” with the identified target population being youth transitioning from DCPS and/or other child serving agencies within the child serving system to the adult service system. It is thought that this may involve both the DDA and RSA administrations. This would also serve to further support on-going collaboration. It would if implemented in a timely manner, also support Stimulus dollars being funneled into RSA. The Committee is in support of a much greater collaboration between DDS/DDA and HRLA. HRLA has the lead in licensing and certification of all homes for people with developmental disabilities under the ICF/DD program. There needs to be cooperation around local law, policy and practice to ensure that there is one clear message being sent to the providers about performance expectations. There also needs to be greater clarity about the roles and responsibilities for oversight and enforcement for living arrangements funded through the waiver and/or local dollars. The current regulations only address homes where 4 or more people are living together. Regulation and oversight processes need to be developed for other living arrangements. Ideally this would be done in collaboration between the two agencies (and/or other 62

identified during the process) to ensure that there is one consistent message being sent to the community about expectations for performance. To achieve this goal of greater collaboration between DDS/DDA and HRLA, the Committee is committed to working with the Committee on Health to further support this critical working partnership. The Committee believes that DDA needs to make it a priority to assist people access federallyamid locally-funded affordable housing. People receiving DDA services should be supported to apply for housing choice vouchers, public housing, and other affordable housing programs. This will not necessarily solve any budget pressures for the foreseeable future due to the long wait for most affordable housing programs, however taking the long view, it will help people with intellectual and developmental disabilities to live in more inclusive settings and to exercise greater control over their housing, thus affording them greater independence and autonomy. It has the potential to maximize federal dollars and to significantly reduce DDA’s locally-funded housing budget. The Committee is quite encouraged to hear that many of the issues related to MTM transportation and service delivery that were discussed during both Budget and Oversight Hearings from FY08 and FY09 : “Failure to meet standard of care, including but not limited to safety issues” have been substantially resolved according to testimony received during the Budget Hearing for FY10.As stated by both Deputy Director, Laura Nuss and Director Heumann” there has been a reduction in issues and complaints with regards to MTM. It was also indicated that it remained a possibility that “consumers were just not reporting complaints any longer”. The Committee was greatly pleased to hear at this same hearing that while MTM appears to have improved on it’s delivery of contracted services for this population, that DDA is proceeding to work with HCFA and CMS on another waiver ( 1915B ) that will address the specific needs of the IA/DD population. This will be a carve-out from existing contracts. As with other mentioned collaborative efforts, the Committee is committed to work with the Committee on Health throughout this process. While the death of “Mr. Johnson “ was a deplorable incident with much shared responsibility across many Human Services Government Agencies: lack of responsiveness, no apparent sense of urgency, this extremely unfortunate and unnecessary incident has resulted in a newly operationalized Intake Process at DDS/DDA. During both Performance Oversight Hearing (February 19, 2009) and Budget Hearing (March 25, 2009), Director Heumann stated that “new intake process has been fully operationalized”. She also indicated that all action items within the “Performance Action Plan” have been completed. (Please refer to chart) Director Heumann also indicated that as part of this new process, service coordination is a much more integral component at the-onset. Additionally, a pool of emergency funds/resources is being created through savings realized via waiver. Ms Heumann has indicated in DDS responses to 2010 budget questions that “DDA does anticipate fiscal impacts that are a direct result of immediate crisis or jeopardy and will be judiciously reserving a small amount of local funds in the FY 2010 to be able to respond to accordingly”. The Committee will be paying particular attention during 63

the course of its oversight functions to assure the continued implementation of this critical process. The Committee continues to support the much anticipated Developmental Disabilities Reform Act (DDRA), which upon completion will modernize the District's 1978 law governing supports and services for residents with intellectual and developmental disabilities. It is expected to create a flexible legal framework for the next 30 years that includes but is not limited to the following tenets: • recognizes the rights and abilities of people with disabilities • Is rooted in local, national and international best practices • Maximizes federal funding • Supports families • Adopts a life-span approach to provision of supports and services that will ultimately span gaps in the system • Promotes interagency collaboration and cooperation While this potential legislation is still “in- progress” it is encouraging to realize that many of these far-reaching and comprehensive reforms have already been considered and initial progress has already been made within DDS/DDA as part of their reform initiatives. As stated during the Budget 2010 Budget Hearing, DDS is waiting for the Developmental Disabilities Reform Act to more fully evolve and will develop services for families as this process continues moving forward. The Committee will continue to develop Benchmarks and Outcome Measures by which DDS will be evaluated both by the Committee, internally, and perhaps most importantly, by the individuals who receive or are seeking to receive supports. Finally, the Committee recognizes the efforts made to prevent services to people currently supported from being cut. It also recognizes the work done between HCFA and DDS in order to continuously make adjustments to existing funds within their respective agencies that reduce expenses where appropriate. This then will gradually increase the process by which emergency resources will be created. While the Mayor’s 2010 budget for DDS does include a decrease in spending, it also encourages movement to greater independence and more fully realized integrated and inclusive provision of services. Committee Recommendations The Committee approves the Mayor’s proposed baseline adjustments, cost savings, and policy initiatives for the Department of Disability Services as outlined in the FY 2010 operating budget request with the following recommendations and changes:

64

1. The Committee strongly supports the expanding collaboration between DDS and DHCF that has helped to resolve many ICF/DD rate issues and helped to reduce the number of outstanding provider payment problems. 2. The Committee also supports the additional transfer within the agency’s budget of $3.4 million dollars for EVANS compliance efforts. 3. The Committee will also continue its own oversight work in collaboration with the Committee on Health to assure the on-going coordination between these two agencies and any others deemed integral to the delivery of these important services. 4. The Committee will continue oversight of DDS regarding the quality of service coordination across both the Developmental Disabilities Administration and Rehabilitation Services Administration. Operational efficiencies can and must be achieved not just within DDS, but across all of the Human Services agencies of the District Government. 5. The Committee requests that DDS establish a pilot “Family Group Decision Making” program as discussed by Chairman Wells during the Budget Hearing of March 25, 2009. 6. The Committee supports much greater collaboration between DDS/DDA and HRLA. HRLA has the lead in licensing and certification of all homes for people with developmental disabilities under the ICF/DD program. The current regulations only address homes where 4 or more people are living together. Regulation and oversight processes need to be developed for other living arrangements. 7. The Committee recommends that DDA review and expand efforts to assist people access federally- and locally-funded affordable housing. A priority of the agency should be to help people with intellectual and developmental disabilities to live in more inclusive settings and to exercise greater control over their housing, thus affording them greater independence and autonomy. 8. The Committee was encouraged to hear during the budget hearing that there has been a reduction in issues and complaints with regards to transportation services provided by MTM. The Committee will continue to oversee progress in this area and may conduct an oversight hearing in collaboration with the Committee on Health. 9. In light of the death of “Mr. Johnson “ the Committee supports newly created Intake Process at DDS/DDA. During both Performance Oversight Hearing (February 19, 2009) and Budget Hearing (March 25, 2009), Director Heumann stated that “new intake process has been fully operationalized.” The Committee will be paying particular attention during the course of its oversight functions to assure the continued implementation of this critical process.

65

10. The Committee continues to support the much anticipated Developmental Disabilities Reform Act (DDRA), which upon completion will modernize the District's 1978 law governing supports and services for residents with intellectual and developmental disabilities. 11. The Committee will continue to develop Benchmarks and Outcome Measures by which DDS will be evaluated both by the Committee, internally, and perhaps most importantly, by the individuals who receive or are seeking to receive supports. 12. The Committee recognizes the efforts being made to prevent cuts to services to people currently supported. It also recognizes the work done between HCFA and DDS in order to continuously make adjustments to existing funds within their respective agencies that reduce expenses where appropriate. This then will gradually increase the process by which emergency resources will be created. 13. The Committee recommends Budget Support Act language to do the following in preparation for the implementation of a fully and fairly applied Waiting List: •

•

Issue rules and regulations, developed in partnership with community stakeholders to guide the operations of the Waiting List. These regulations would detail the Waiting List prioritization and procedures and how DDS/DDA will manage the Waiting List. Any list must be transparent and move at a pace in accordance with the Supreme Court‘s Olmstead Decision. DDS/DDA must provide regular reports on individuals applying and waiting for services. Actual data to be collected for tracking purposes shall be developed based upon further review of Best Practices and collaboration with referral agencies and community stakeholders.

EVANS v FENTY The Department’s Developmental Disabilities Administration remains under a Court Order that has spanned over 3 decades – in this case, the 2001 Plan for Compliance and Conclusion of Evans v. Fenty. The lack of compliance with this on-going litigation has placed DDS/DDA in jeopardy of being placed under appointment of a Receiver or a Special Master by the United States District Court of the District of Columbia. This has resulted in DDS/DDA currently being place in a ‘Remedy Phase”. A decision on this matter is still pending in the courts. DDS/DDA continues to work towards the completion of 3 major initiatives related to the Evans litigation. They are the following and are at various stages of compliance: • • •

Performance and measurement of performance under the 13 short-term goals identified in the 90 day order dated September 12, 2007. 38 initiatives relating to health in connection with the Health Care Agreement. Responding to discovery and preparing for the remedial phase. 66

In the most recent court Monitor report dated March, 5, 2009; numerous issues remained, though some improvements were also cited. “Our overall findings are comparable to those cited in my previous reports. With one exception, caseload size met the expected standard (one service Coordinator for every thirty class members).” The committee is concerned that DDS/DDA and the plaintiffs as quickly and responsively as possible resolve this particular phase of this long-standing Court Order. The concern being, that while attempting to resolve this matter, the emphasis will be taken off of the individuals who are in need of the very services under litigation. Even though much work is left to be done, the Committee is in support of the efforts made with regards to progress with the Health Care Agreement. Of particular note are the partnerships with Georgetown and George Washington Universities Health Care Quality Enhancement Unit. The Committee strongly supports these collaborative efforts as it is anticipated that the results of these programs, Health Care for all Individuals with IA/DD in the District will be greatly improved. All will benefit from these initiatives, not just Evans Class Members. The Committee strongly supports the expansion of this DC Health Resources Partnership and hopes that this model of cooperation serves as a Best Practices Methodology for the provision of other services and supports within the purview of DDS/DDA. The Rehabilitation Services Administration First, the Committee is encouraged by the appointment of Roy Albert, Deputy Director to this heretofore poorly performing Government agency. The infusion of funds from the Federal Stimulus (ARRP) over the coming 18 months will serve to augment services that have only recently been more readily available to District residents through RSA. The funding for transitional services was reallocated in FY 2010 to RSA client services. RSA has restructured the transition planning unit to improve outreach and partnerships, thereby increasing the number of students with employment plans and opportunities without increasing staff. In FY 2010, $ 937,711 will be used to substantially expand and improve supported employment and school transition services. In total DDS/RSA will spend $1,348,000 which is allocated in the FY 2010 baseline budget for transition services. Additionally, DDS/RSA will utilize the stimulus funds for the enhancement of transition services for youth from school to work by providing more thorough training for RSA and DCPS staff and expanding opportunities in apprenticeships, internships, and on-the – 67

job training and entrepreneurial programs. This combination of basic state grant dollars and the stimulus funds will improve the capacity of DDS/RSA and ensure a higher quality of services for transitioning youth. During the F 2010 Budget Hearing, both Ms. Heumann and Mr. Albert in testimony stated that “We are continuing to expand and improve our outreach to residents off the District and to strengthen our relationships with community rehabilitation providers.” In additional testimony, Mr. Albert reiterated that he was in the process of expanding Human Care Agreements with providers and re-establishing contacts with service providers and building collaborations with job market vendors that will eventually lead to an increase in employment opportunities. It is the Committee’s feeling that these improvements are occurring at an opportune time. Monies from the stimulus funds, a renewed emphasis on building a more comprehensive transition service to help youth with disabilities move seamlessly from a school environment to the world of work and adult services, coupled with a new Deputy Director taking the helm of an agency” in progress” creates opportunities for growth. The Committee strongly supports any efforts that will strengthen the work being done to enhance transition services to youth with disabilities and to their families, enabling them to succeed in the workplace. The Committee urges increased collaboration between Human Service Government Agencies. The Committee will work in collaboration with the Committee on Health and others to provide additional support and impedes to reach these objectives. Additionally, the committee will explore with DDS it’s evolving plans for transition services and will track the funding streams within the budget that are currently supporting these initiatives. The Committee urges and supports Mr. Albert and designated staff to improve “the antiquated case management” system at RSA as stated during the Performance Oversight Hearing on February 19, 2009. WAITING LIST Upon first review of the Mayor’s 2010 proposed budget for DDS it appeared that DDA would only be able to serve 35 new individuals under the HCBS waiver in FY2010: 25 individuals will be referred from CFSA; 10 new individuals currently residing at St. Elizabeth’s. This was of particular concern to the Committee and to other stakeholders when further review of referrals to DDA over the past few years revealed the following numbers: FY 2007 to 2008 the waiver provided services to188 new people; FY 2008 to FY 2009 DDA plans to enroll 161 new people in the waiver: 83 from ICF/DD 25 youth from CFSA 13 people currently living at St. Elizabeth’s 68

10 new people will enroll in the waiver 30 more will enroll in the waiver “as a result of natural changes in client status”. Referral data reviewed from the past few years from the agency indicated a similar if not higher incidence of need. The following data was submitted to the Committee during Performance Oversight questioning on February 19, 2009: FY 2008, DDA received 173 new referrals and in previous years referral numbers were actually higher (for example, in FY2005 the agency received 248 referrals). Based on these reported numbers and proposed budget, it appeared that a Waiting List would have to be implemented by DDA It is evident from subsequent testimony given by Ms Heumann and Ms Nuss at the 2010 Budget Hearing on March 25,2009 to further clarify the numbers in the 2010 budget, that there exists the need for a waiting list. According to Ms Nuss, “even with effective utilization of existing funds, we anticipate the need for a waiting list.” Ms Nuss explained that DDA receives between 170 - 200 referrals annually and that only approximately 100 of these are found to be eligible to receive services through DDA. There are new dedicated dollars in the FY10 budget to serve the people transferring from CFSA and St. Elizabeth’s Hospital. With continuous adjustments made within Local Funds that allows moves to less expensive (waiver) services, DDA will be able to serve a greater number of new individuals as they request services from DDS/DDA. According to testimony, DDA will continue to make adjustments within their system to serve newly identified individuals. This does not include the 35 individuals identified in the 2010 budget. In the Mayor’s 2010 proposed budget, there is an enhancement of $1,977,436 that will allow DDS to serve 25 new CFSA clients in FY10 and account for client cost increases. An increase of $300,000 in Local Funding will support the housing costs of 10 individuals transitioning into the Medicaid HCBS waiver from St Elizabeth’s Hospital. This increase is offset by an equivalent decrease in Local Funds at the Department of Health for the same purpose (page E-155, “2010 Department on Disability Services Budget). The Committee strongly supports the efforts made by DDS/DDA to transition individuals from expensive, more restrictive, and less inclusive facilities to waiver funded/supported facilities. These individuals are funded by 100% local funds. By enrolling them into Medicaid providers either in the District or to Medicaid funded programs in other jurisdictions, savings of $731,443 will be realized. Ms Nuss testified at the March 25,2009 Budget Hearing that DDS/DDA fully anticipates these 28 individuals to be successfully transitioned while respecting and addressing the needs and desires of the individuals and their families. It is encouraging to the Committee that DDS is committed to maximizing all available resources while assuring that all individuals served by DDS/DDA in FY 2009 will continue to be served in FY2010. 69

The Committee is also pleased to see that for the first time there are specific funds allocated to support young adults transitioning from CFSA. This clearly demonstrates collaboration and planning between government agencies that is necessary to ensure individuals are supported throughout their lifespan. Furthermore it lays the foundation for future reforms and far-reaching changes. The Committee is in support of legislation that would create a responsibly operational zed Waiting List and the exploration into issues related to the establishment of such a Waiting List. Additionally, the Committee recommends that DDS be required to do the following in part as preparation for the implementation of a Waiting List and in support of a fully and fairly applied Waiting List, thus being ever mindful that this list will be comprised of individuals in need of supports: •

Issue rules and regulations, developed in partnership with community stakeholders to guide the operations of the Waiting List. These regulations would detail the Waiting List prioritization and procedures and how DDS/DDA will manage the Waiting List. Any list must be transparent and move at a pace in accordance with the Supreme Court‘s Olmstead Decision.

•

DDS/DDA must provide regular reports on individuals applying and waiting for services. Actual data to be collected for tracking shall be consistent with Best Practices and gathered in collaboration with referral agencies and community stakeholders.

DDS/DDA must conduct and complete the critically needed needs assessment of residents with intellectual and developmental disabilities. Current and future needs would be identified DDS will need to work in partnership and collaboration with residents with intellectual and developmental disabilities and their families, service providers, relevant government agencies, advocates and other interested parties to develop and implement the needs assessment. Upon successful completion, such a study would identify the level of need for its services in the District. Without this clear data, it is difficult for the Agency, the Council, and the community of stakeholders to determine an appropriate level of services and subsequent funding. This becomes particularly relevant for ongoing efforts to modernize the District’s laws governing DDA supports and services. The Committee urges DDS/DDA in collaboration with HCFA to explore the possibilities of developing and submitting an application to CMS for a Seconds Support Waiver. This waiver would allow DDS/DDA to provide capped or limited services to individuals while they are assigned to the Waiting List. These services could include: family supports such as respite, service coordination and other TBD interim services. The Committee strongly supports these aforementioned efforts and will participate in its capacity to achieve this goal of establishing a fully operational, responsible and responsive Waiting List 70

by working with the Committee on Health and other government agencies such as Office on Disability Rights as indicated and required. Finally, the Committee feels it is imperative and noteworthy to cite a statement made by Mr. Ricardo Thornton during testimony given at the 2010 DDS Budget Hearing. Mr. Thornton is a parent, husband employee of DC Government, out=spoken self-advocate and former resident along with his wife and brother of Forest Haven. In his closing remarks to Council he made a seemingly simple request and challenge “be careful because we don't want budget cuts to allow for institutions to have to re-open". Mayor’s FY 2010 Budget Request Agency Program Areas The Department on Disability Services operates through the following four programs, with the Mayor’s proposed FY 2010 budget indicated in parenthesis: Agency Management ($14,586,000 and 50.0 FTEs), Agency Financial Operations ($1,406,000 and (12.8 FTEs), Developmental Disabilities Administration ($54,898,000 and 190.0 FTEs), and Rehabilitation Services Administration ($28,773,000 and 169.0 FTEs). Agency Management Program. This program provides for administrative support and the required tools to achieve an agency’s operational and programmatic results. This program contains the following activities: • • • • • • • • • •

Personnel ($690,000 and 7 FTEs) Training and Employee Development ($439,000 and 3 FTEs) Contracts and Procurement ($784,000 and 8 FTEs) Property Management ($5,626,000 and 8 FTEs) Information Technology ($1,518,000 and 9.0 FTEs) Legal Services ($890,000 and 2 FTEs) Communications ($42,000 and 0 FTEs) Performance Management ($867,000 and 9 FTEs) Court Supervision ($3,461,000 and 0 FTEs) Consumer Rights and Protection ($269,000 and 4 FTEs)

Agency Financial Operations. This program provides comprehensive and efficient financial management services to and on behalf of District agencies so that the financial integrity of the District of Columbia is maintained. This program contains the following 4 activities: • • • •

Budget Operations ($290,000 and 3 FTE) Accounting Operations ($558,000 and 5.8 FTEs) Associate Chief Financial Officer ($143,000 and 2.0 FTEs) Agency Fiscal Officer ($415,000 and 2 FTEs) 71

Developmental Disabilities Administration. This program provides individualized services, support, and life planning to eligible individuals so that they can fully participate in the community. This program contains the following activities: • • • •

DDA Service Planning & Coordination ($43,890,000 and 102 FTEs) Quality Assurance ($6,940,000 and 34 FTEs) DDA Consumer Resource ($3,220,000 and 43 FTEs) DDA Incident Management & Enforcement ($849,000 and 11.0 FTEs)

Rehabilitation Services Administration. This program assists disabled individuals with employment and independent living in the home and the community. The program provides an array of vocational preparation services for entry into the labor market, including counseling and guidance, assessment services, physical restoration, vocational training, job search and placement, as well as job retention services. This program contains the following activities: • • • • •

RSA Client Services ($16,264,000 and 98 FTEs) Employment Readiness & Placement Services ($5,578,000 and 18.0 FTEs) RSA Transition & Supported Employment ($0.00 and 0 FTEs) RSA Disability Determination Services ($6,400,000 and 46 FTEs) Quality Assurance ($531,000 and 7 FTEs)

Agency Performance Agency Performance Measures Performance Measure Objective 1: Enable individuals with developmental disabilities to maximize their independence and exercise meaningful choice and control over their own lives. 1. Number of persons eligible for DDA services who receive services in the Medicaid Home and CommunityBased Program (Residential/NonResidential) 2. % of providers passing the new Service Quality Review

FY 2007 Year-End Actual

FY 2008 Original Target

FY 2008 Year-End Actual

FY 2009 Projection

FY 2010 Projection

FY 2011 Projection

1,044

1,455

1,232

1,450

1,600

1,750

30%

70%

25%

60%

80%

90%

72

certification (formerly BASA) on the first review. 3. # of new and quality providers recruited to the District. 4. # of eligible HCBS waiver individuals who receive in home supports (% of total) Objective 2: Promote health and wellness of people with developmental disabilities. 5. % of people who report that providers and service coordinators help them get what they need. 6. % of persons served who have annual medical exams. 7. Number of days between date the service coordinator is notified of need for a guardian and the date request package is submitted to OAG* Objective 3: Increase the employment and economic independence of individuals with disabilities. 8. Number of persons served by RSA in supported employment 9. Number of qualified RSA individuals employed for 90 days (% of total) 10. Number of children referred from DCPS and charter schools to DCRSA to establish eligibility 11. Number of vocational rehabilitation eligibility determinations

9

10

11

10

10

10

N/A

N/A

363 (29%)

383 (26%)

403 (25%)

423 (25%)

N/A

75%

79%

85%

90%

95%

96%

100%

98%

100%

100%

100%

105

N/A

142

90

75

60

150

175

225

425

500

550

575 (39%)

576 (41%)

576 (40%)

625 (42%)

675 (44%)

725 (45%)

561

700

897

1,000

1,200

1400

1493

1,395

1,453

1,500

1,550

1600

* Permanent, emergency and urgent guardian requests are tracked

73

D. DEPARTMENT OF YOUTH REHABILITATION SERVICES (DYRS) Department of Youth Rehabilitation Services Gross Funds Operating Budget, by Revenue Type Mayor’s Actual Actual Approved Proposed Committee Approved FY 2010 FY 2007 FY 2008 FY 2009 Variance FY 2010 Local Funds 73,936 84,463 81,143 88,377 0 88,377 Dedicated Taxes 0 0 0 0 0 0 Special Purpose 0 0 0 0 0 0 Federal Funds 0 0 0 0 0 0 Private Funds 0 0 0 0 0 0 Intra-District 3,694 1,936 423 339 0 339 GROSS FUNDS 77,630 86,399 81,566 88,717 0 88,717

Department of Youth Rehabilitation Services Full-Time Equivalent, by Revenue Type Mayor’s Actual Actual Approved Proposed Committee FY 2007 FY 2008 FY 2009 FY 2010 Variance Local Funds 544.3 522.7 656.0 608.5 0.0 GROSS FUNDS 544.3 522.7 656.0 608.5 0.0

Percent Change 8.9% 0.0% 0.0% 0.0% 0.0% -19.7% 8.8%

Approved FY 2010 608.5

Percent Change -7.2%

608.5

-7.2%

Executive Summary The Department of Youth Rehabilitation Services was established by D.C. Law 15-335, effective April 12, 2005 (D.C. Official Code § 2-1515.01 et seq.). The mission of the Department is to help court-involved youth become more productive citizens by building on the strengths of youth and their families in the least restrictive, most homelike environment consistent with public safety. Since 1986, the District has operated under a Consent Decree in the case Jerry M. v. District of Columbia, a class action brought to force the District to provide effective rehabilitative services in a humane environment. In April 2004, a Special Arbiter was created to avoid receivership and ensure the District’s progress towards the requirements of the Consent Decree. The Mayor’s budget request for the Department of Youth Rehabilitation Services for FY 2010 continues to support the reforms that have been underway at the Agency since 2005. These reforms include a shift away from a heavy reliance on secure confinement as a principal means of providing services for youth who are committed to the custody of DYRS, toward a greater emphasis on a community-based supports and services to give these youth a second chance to become re-integrated into their community and the rest of society before they become adults. As we have seen in example after example over the past year, this community-based response system must include a strong safety net of services and supports for the youth, because when they fall through the cracks of the safety net, the outcomes can be dire. For example, in 2008, 74

the Committee saw that six youth committed to the custody of DYRS and placed in the community by the Agency became victims of homicide.16 When the safety net is torn, the safety of the public can also be at risk. As in the case of LaFonte Lurie Carlton, who was committed to DYRS in 2006 for committing a murder, and who was released into the same community where he got in trouble in the first place with no plan for his release, and where he was arrested within 60 days of his release, and charged with two additional murders.17 To its credit, the Agency’s response to individual incidents such as these has been swift, and has included measures such as establishing and formalizing relationships with the Metropolitan Police Department, and other youth violence prevention specialists.18 The Agency has also adopted new policies and procedures to provide assurances that plans are in place prior to the release of a committed youth from secure confinement into a community setting that meet the youth’s needs and protect public safety.19 According to the Agency’s Case Management Manual, “Prior to releasing any committed youth from the secure facility in Laurel, MD, or a Residential Treatment Center who have been (sic) committed for a violent offense, gun offense, or score high on the Structure Decision Making Risk Assessment, the case manager must notify their supervisor, who must then complete the Releasing Youth Memo. After the Chief of Committed Services has reviewed and approved the release and the memo, the case management supervisor is to place the memo into the youth’s YES! file.”20 The Committee directs the Agency to revise the manual to require case managers to obtain approval from the Director, as opposed to the Chief of Committed Service, prior to releasing any committed youth from the secure facility in Laurel, MD, or a Residential Treatment Center, who has been committed for a violent offense. The Committee will continue to provide oversight over this process, to ensure that it is followed and implemented. The Agency is also in the process of updating the regulations governing revocation procedures to give the Agency more flexibility in exercising its power to remove a youth from a community placement if the youth is in violation of the terms of his or her community placement agreement and is at risk or poses a potential threat to public safety.21

16

See “DYRS Placements and Programs and their Impact on Youth Violence and Public Safety,” Investigative Hearing, Committee on Human Services, October 8, 2008. 17 See “Youth Violence,” Public Oversight Roundtable, Committee on Human Services, February 10, 2009. 18 See “Department of Youth Rehabilitation Services Announces Critical Initiatives to Improve Public Safety,” Press Release, Executive Office of the Mayor, March 10, 2009. 19 See DYRS Case Management Manual, Version III, Section 7 “Case Management Protocols.” 20 Ibid. 21 See DYRS Notice of Proposed Rulemaking, District of Columbia Register, Vol. 56 – No. 14, April 3, 2009.

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The Agency’s ongoing response to the weaknesses in its community-based system of supports and services for youth committed to its custody and care is vitally important and will ultimately determine the fate of the reforms. The New Oak Hill Facility During FY 2009, DYRS completed construction of the new 60-bed facility at Oak Hill at a total cost of some $44,460,340, on time, and on budget. The Agency plans to populate the new facility and close the old Oak Hill facility during the month of May 2009. Committee staff has visited the new facility and has been impressed with the redesign, the campus like setting and the quality of the design and facilities. There is some concern that 60 beds may not be enough, given the increase in the number of new commitments in recent years. Of 740 committed youth during FY 2010, there will only be room for 60 at the new Oak Hill facility. The remaining 680 youth will be placed in Residential Treatment Centers, Group Homes, with relatives (including back in their own homes) and in Independent Living settings. The majority of the youth committed to DYRS for committing crimes in the District will be placed by the Agency in community–based settings, where the community itself will bear much of the responsibility for keeping these youth out of trouble, and getting them back on the right track. Measurements The reforms underway at the Department of Youth Rehabilitation Services have received mixed reviews from various stakeholders and constituencies served by the Agency. As Alan Pemberton, Plaintiff’s counsel in the Jerry M. litigation has testified before the Committee, “In the past several years, DYRS has shown significant progress in developing a community-based continuum of care that includes secure and non-secure placements, where youth who commit less serious offenses can receive programming and supports more tailored to their individual needs.”22 Mr. Pemberton testified in strong support of the new Oak Hill facility, and reminded the Committee that “the Work Plan that the parties to the litigation negotiated to provide criteria by which the District will exit the Consent Decree, and that the Court approved in December 2007, stipulates that before the lawsuit will be terminated, the District must disable or convert Oak Hill so that it can no longer be used to house any securely confined youth.”23 However, given the limited capacity of the new Oak Hill facility, the Agency’s performance must be measured in terms of outcomes for youth and public safety, not merely in terms of compliance with Court-Ordered Consent Decrees and Work Plans. These outcomes must be measured in terms of results, such as recidivism rates, abscondance rates, and successful case management.

22 23

See Testimony of Alan Pemberton, Budget Hearing on DYRS, April 6, 2009. Ibid.

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The Committee notes that during FY 2010, the Justice Grants Administration (JGA) will award several major grants to improve the collection of juvenile and criminal justice data in the District. These data collection efforts will be essential to helping the Council develop a measured understanding of the effectiveness of the reforms underway at the Agency. Recidivism During FY 2009, the Agency, at the direction of this Committee, for the first time, attempted to measure recidivism rates for two cohorts of youth committed to DYRS – youth released by DYRS in 2004, before the reforms were implemented, and in 2007, after the reforms were implemented. The report defined “recidivism” as not only a re-arrest, but a re-conviction within one year of release. The study showed that recidivism rates were down from 40% in 2004 to approximately 25% in 2007. This rate compares favorably to comparable rate in surrounding jurisdictions, including Maryland and Virginia. The Committee directs the Agency to continue to perform quantitative analysis of recidivism rates of youth committed to the Agency. Abscondance Another statistic which the Committee finds compelling is the percentage of youth currently on abscondance, compared to the percentage of youth on abscondance in 2004. Again, in 2004, the percentage was around 25% - one fourth of the youth committed to DYRS in 2004 could not be accounted for by the Agency. Today, that number hovers around 3 to 5 % - which still means as many as 35 youth committed to DYRS may be unaccounted on any given day, a number far too high given that the youth’s safety, and potentially that of the public, may be at risk any time one of the youth cannot be accounted for. But the improvement is re-assuring – trends appear to be headed in a positive direction. Caseloads As Director Schiraldi and Chief of Committed Services David Muhammad have testified before the Committee, caseloads for case managers at the Department of Youth Rehabilitation Services are adequate for the case managers to provide effective supervision to protect the safety of the youth and that of the public. They are at rates of 25 to 27:1.24 Case Management At the beginning of 2008, the Agency produced a Case Management manual detailing the procedures for case managers to follow in implementing the reforms at the Agency, convening team meetings to come up with a plan for youth committed to DYRS custody, arriving at a placement decision, and then supervising the youth through the youth’s various placements. The case management manual has been revised two times since it was initially released. Most recently, the case management manual was revised to reflect additional procedures case 24

Schiraldi testimony, FY 2010 DYRS Budget Oversight Hearing, April 6, 2009

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managers are to follow when placing a youth in the community following a period of secure confinement. As it is currently written, the Case Management manual requires the case manager to obtain approval from the Chief of the Agency’s Committed Services Division before placing a youth who has been convicted of committing a violent offense in the community. The Committee directs that these policies and procedures require an approval at the Director level for any youth who is being placed in the community following a period of secure confinement. It is the hope of the Committee that this new procedure will bring a higher level of accountability to this critical decision point in the life of a youth and in the life of the community to which that youth is being returned. Community Status Review Hearings The Agency has also promulgated new regulations clarifying, and streamlining the process for revoking community placements of youth who are re-arrested or violate two or more terms of their community placement agreement. These new regulations should enhance the ability of the Agency to move proactively to remove a youth from a community placement if the safety of that youth or others appears to be at-risk.25 Lead Entities In order to strengthen the community-based services and supports for youth committed to DYRS and placed in the community, the Agency has entered into an agreement with the Children and Youth Investment Trust Corp., to award a total of two (2) grants to community-based organizations to create the “Lead Entities to establish regionally-based Service Coalitions.” The Lead Entities and Service Coalitions will work together to achieve the following goals: • • • • • • •

25

Serve committed youth within their own communities through the concentration of resources in or near communities that have the largest numbers of committed youth; Provide continuity and connectivity across a continuum of care for youth and their families; Facilitate and enable greater parent and community involvement in the habilitation/rehabilitation process; Mobilize untapped community neighborhood resources that could be effectively networked into an ongoing system of service, support and opportunities for courtinvolved youth and their families; Strengthen the capacity of local communities, neighborhoods, grassroots organizations and residents to serve as effective partners with local government in supporting committed youth beyond their involvement in the juvenile justice system; Target District resources and mobilize local volunteer support; and Experience costs savings while significantly reducing recidivism rates.

Ibid.

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According to responses to written questions submitted by the Committee to the Agency, DYRS will grant a total of $1.4 million to CYITC for the purpose of supporting the Lead Entities Initiative during FY 2009 and $4.9 million to CYITC for this purpose in FY 2010. The Committee directs the DYRS and CYITC to submit these awards and any renewals to the Council for approval consistent with approval requirements contained in the D.C. Code. Furthermore, the Committee directs DYRS to provide to the Committee grantee data through a quarterly report reflecting the following: performance measures and outcomes, services provided to DYRS youth and families, entities providing services, flexible funding expenditures, date(s) of services, type of service, and amount paid. Mayor’s Proposal The Mayor’s proposed FY 2010 gross funds budget for DYRS includes $88,716,816 and 608.5 FTEs. This proposal represents an increase of $7,151,234 (8.8 percent) in operating funds over the FY 2009 approved budget of $81,565,582. The Mayor’s proposal would decrease the number of authorized FTE’s by 47.5 to 608.5. The Committee notes that the increase in funding for FY 2010 is accompanied by a decrease in the number of FTEs authorized from 656 FTEs in FY 2009 to 608.5 in FY 2010. According to testimony provided to the Committee, this reduction will not have an adverse impact on services to youth under the supervision of the agency.26 They include the elimination of 13 positions in the Detained Youth Services Program; three vacant positions in the Agency Management Program; the elimination of 13.5 FTEs for facility maintenance and the transfer of those functions to a contracted provider; the elimination of ten vacant positions and three filled positions in the Committed Services Program; and the realignment of three vacant positions and two filled positions in the Medical Services Program. According to the Mayor’s request, “[t]he proposed budget fully supports DYRS’s commitment to quality supervision of the approximately 740 youth in its care. Foremost, the staffing of case managers will support manageable caseloads and improved performance. Agency staff will continue to be trained in positive youth development approaches that build on the assets of each youth. In addition, youth placed at home will receive a range of services through communitybased programs such as: (1) intensive third party monitoring; (2) multi-systemic therapy; (3) transformative mentoring for groups and individuals; (4) outpatient drug treatment; (5) education and employment services; and (6) mental health counseling and cognitive behavioral therapy as well as other necessary interventions. “Additionally, local residential settings such as group homes, therapeutic foster homes, and independent living programs will prepare youth for a full transition into the community. Finally, Residential Treatment Centers will provide youth with behavior modifications, psychiatric treatment, and substance abuse treatment in a secure therapeutic setting.

26

See Schiraldi testimony, April 6, 2009.

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“A long-term secure treatment center will provide rehabilitations services to the most in need of rehabilitation. The Oak Hill Youth Center is being replaced with a state-of-the-art secured juvenile rehabilitation facility. The new facility has a 60-bed capacity and will support secure placements for youth charged with the most serious offenses for longer average periods of stay. “Through a Positive Youth Development approach, the center’s curriculum provides academic and vocational classes, recreational activities, social skills development, and group and individual counseling. Eventually, all youth end their confinement in secure facilities; prior to release from any confinement, DYRS will engage the youth’s family and community-based providers to make certain the necessary services are in place to ensure a successful transition back to their community. “A continued reduction in recidivism is the measure of success for DYRS programs. DYRS will increasingly work in partnership with the Metropolitan Police Department and community-based providers to improve case planning and assure the safety of the youth in their communities. More importantly, two Lead Entities of Service Coalitions will actively engage and serve youth in the community. The Service Coalition concept reforms the services delivery approach to committed youth with moderate and low levels of restrictiveness. “To enhance its continuum of community-based care for youth under its supervision, DYRS will increase services for youth transitioning from secure confinement back into the community. The additional $980,000 in one-time funds will provide pre-release mentoring and life skills services to youth and upon their release additional supervision through daily in-home contacts.”27 Committee Recommendations The Committee recommends the approval of the Mayor’s FY 2010 budget request of $88,717,000 for the Department of Youth Rehabilitation Services with no changes. This includes $81,377,000 in Local Funds, and $339,000 in Intra-District Funds. The Committee further directs the following: 1. The Committee directs that $980,000 in one-time funds to provide pre-release mentoring and life skills services to youth, and upon their release, additional supervision through daily in-home contacts, be competitively awarded through the normal RFP process. 2. The Committee does not support the Mayor’s request for grant-making authority for the Department of Youth Rehabilitation Services, and recommends this language be stricken from the Budget Support Act. The request for this authority appears to be overly broad, and appears to be the result of failures of the District’s Office of Contracting and Procurement to meet the needs of DYRS. These deficiencies in the Office of Contracting and Procurement should be addressed as a high priority by the Administration during the current and next fiscal years.

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3. The Committee directs the Agency to revise its Case Management manual to require case managers to obtain approval from the Director, as opposed to the Chief of Committed Services, prior to releasing any committed youth from the secure facility in Laurel, MD, or a Residential Treatment Center, who has been committed for a violent offense. 4. The Committee directs the Agency to submit grants and renewals in excess of $1 million, made to the CYITC for the Lead Entities Initiative, to the Council for approval consistent with approval requirements for contracts in excess of $1 million, and proposes Budget Support Act language to this effect. 5. The Committee directs DYRS to provide quarterly reports regarding grantee performance under the Lead Entities initiative reflecting the following: performance measures and actual performance, services provided to DYRS youth and families, entities providing such services, number of individuals served by entity, flexible funding expenditures, date(s) of services, type of service, and amount paid. 6. The Committee directs DYRS to continue to report on recidivism rates for all committed youth at six-month and one-year intervals from the date of their release, as initially requested in the Committee’s Report on the Fiscal Year 2009 Budget Request. Agency Mission and Structure The mission of the Department of Youth Rehabilitation Services (DYRS) is to improve public safety and give court-involved youth the opportunity to become more productive citizens by building on the strengths of youth and their families in the least restrictive, most homelike environment consistent with public safety. The agency plans to fulfill its mission by achieving the following objectives: Objective 1: Provide proven community-based programs, services, supports and opportunities that protect public safety and develop young people to turn their lives around, achieve and flourish. Objective 2: Operate secure facilities that are safe, humane and address youths’ needs by building on their strengths. Objective 3: Develop a performance-driven culture and infrastructure focusing on improved outcomes or youth in our care and supported by a qualified and well-trained professional staff. Objective 4: Provide services, supports and opportunities to young people that will reduce their delinquent behavior and promote public safety.28 28

To view complete agency performance plans, please visit the “performance Plans and Reports” link on the CapState webpage at http://capstat.oca.dc.gov/.

81

The Department is organized into the following program areas (with dollar amounts rounded to the nearest thousand):

Program Committed Services Administration Detained Services Administration Health Services Administration Agency Management Agency Financial Operations

FY09 Approved

Mayor’s Proposed FY10

FTEs

$34,219,000

$43,707,000

279.5

$23,532,000 $4,676,000 $17,309,000 $526,000

$23,446,000 $6,044,000 $16,386,000 $528,000

197.5 30.0 86.5 6.0

The Committed Services Administration provides custodial care, supervision, services, supports, and opportunities to youth committed to the care and custody of DYRS. The array of placement options ranges from secure confinement, to residential and community placements, to homebased care. The Administration assures there is a case manager assigned to each committed young person. The Administration also manages the operation of a secure facility for committed youth (Oak Hill Youth Center) and non-secure, community-based facilities and programs. The Detained Services Administration provides for the care and custody of youth awaiting court processing who are placed in secure detention or shelter care by the DC Superior Court. The Administration also advocates for alternatives to secure confinement or shelter care for youth who can be supervised in a non-residential setting. The Administration also operates a home detention program for youth who can be supervised at home while awaiting trial or disposition. Health Services Administration provides for the design, development, coordination, delivery, and evaluation of a 24-hour comprehensive continuum of quality adolescent medical and behavioral health care services and supports to DYRS in the two secure facilities and in the communitybased shelters, group homes and transition centers. Upon release from secure care facilities, DYRS Health Service – both medical and behavioral health – work to ensure appropriate community-based linkages for continuing care are established. Agency Management provides for administrative support and the required tools to achieve operational and programmatic results. This program is standard for all agencies using performance-based budgeting. Agency Financial Operations provides comprehensive and efficient financial management services to and on behalf of District agencies so that the financial integrity of the District of Columbia is maintained. This program is standard for all agencies using performance-based budgeting.

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Agency Performance Measures Agency Performance Measures Performance Measure Objective 1: Provide proven community-based programs, services, supports and opportunities that help young people to turn their lives around, achieve and flourish 1. Percent of committed youth in out-of-state residential Placements 2. Percent of committed youth connected to school, work and positive adult at six month intervals from the date of their release from the DC Model program 3. Average length of stay in secure detention awaiting placement in shelter home. 4. Average length of stay in secure detention. Objective 2: Operate secure facilities that are safe, humane and address youths’ needs by building on their strengths 1. Average daily population at Youth Services Center (YSC) 2. Rate of injuries to youth as a result of assaults at YSC and OHYC 3. Rate of youth on youth assaults at YSC and OHYC Objective 3: Develop a performance driven culture and infrastructure focusing on improved outcomes for youth in our care and supported by a qualified and well-trained professional staff. 1. Average caseload – case manager to committed youth ratio 2. Percent of newly committed youth that undergo a complete case planning process and are in placements and receiving services consistent with their YFTM action plan.

FY 2007 Actual

FY 2008 Target

FY 2008 Actual

FY 2009 Projection

FY 2010 Projection

FY 2011 Projection

14%

12.5%

9%

12.5%

10%

TBD

New Measure

Baseline

33%

90%

92%

TBD

11 days

7 days

4 days

6 days

5 days

TBD

26 days

25 days

21 days

25 days

23 days

TBD

89 New Measure New Measure

80

86

75

75

TBD

Baseline

133

0

0

TBD

Baseline

--

0

0

TBD

30

25

28

25

23

TBD

New Measure

35%

56%

50%

85%

TBD

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Objective 4: Provide services, supports and opportunities to young people that will reduce their delinquent behavior and promote public safety. 1. Recidivism rate for all committed youth at six month intervals from the date of their commitment (Measured as a finding of involvement in a new offense) 2. Percent of youth completing detention alternatives without rearrest and failure to appear in court.

Data Analysis Pending

Baseline

24%

16%

14%

TBD

93%

92%

92%

94%

95%

TBD

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E.

CHILDREN AND YOUTH INVESTMENT COLLABORATIVE

Children and Youth Investment Collaborative (dollars in thousands) Mayor’s Actual Actual Approved Proposed Committee FY 2010 FY 2007 FY 2008 FY 2009 Variance Local Funds 13,092 20,811 18,460 9,520 700 GROSS FUNDS 13,092 20,811 18,460 9,520 700 Children and Youth Investment Collaborative (FTEs) Actual Actual Approved Proposed FY 2007 FY 2008 FY 2009 FY 2010 Local Funds 0 0 0 0 GROSS FUNDS 0 0 0 0

Approved FY 2010 10,220

Percent Change -44.6%

10,220

-44.6%

Committee Variance

Approved FY 2010

Percent Change

0

0

0

0

0

0

Agency Mission and Structure The mission of the Children and Youth Investment Collaborative is to provide funds to the DC Children and Youth Investment Trust Corporation (CYIT), a not-for-profit organization that disburses grants to community-based providers, with the purpose of creating a seamless approach to the development of policy, planning, and services for children, youth, and their families in the District of Columbia. The DC Children and Youth Investment Trust Corporation is an independent non-profit organization incorporated in June 1999 to increase the quality, quantity and accessibility of services for children, youth and families in the District of Columbia. The Trust Corporation is the result of a group of concerned stakeholders determined to improve the approach taken to providing services to children and youth in the District. Out of a yearlong convening of young people, parents, caregivers, service providers, community leaders, school officials, corporate partners, foundations and federal and District government officials, the idea for this new entity was born. The goal of the Trust Corporation is to create a sustainable network of effective programs for children, youth, and families across the District that encourages their healthy development through support for quality out-of-school time programs and opportunities. The Trust Corporation leverages public and private funds which are disbursed through grants to community organizations in the District that provide direct services to children, youth and their families. The Authority plans to fulfill its mission by achieving the following strategic result goals: 85

■Increase the efforts of children and youth programs; ■Ensure high quality programs and services for every child in the District; and ■Create mechanisms to assess the effectiveness of these efforts. These goals are funded through the following agency programs: Year-Round and Summer. Year Round Programs ■Parent Centers - provides support services to parents of young children and ensures that they are prepared to embark on their education. ■Out-of-School Time - provides services to school-age children during after-school hours, on weekends, and during the summer, to promote academic achievement and to reduce negative behavior that correlates with unsupervised, unstructured time outside of school. ■Older Youth Program - supports youth between the ages of 14 and 24 both enrolled in school and those no longer connected to school. Summer Programs ■Summer Program - provides enriching opportunities to ensure that children and youth ages 524 are safe and have opportunities to enhance their learning over the summer months. These funds include providing alternative services during the late night hours. FY 2010 Proposed Budget Gross Funds The Mayor’s 2010 proposed budget is $9,520,000, a decrease of $8,940,000 from the approved FY 2009 budget of $18,060,000. For the purposes of the District’s multiyear financial plan, the FY 2010 proposed budget recognizes the entire CYIC Subsidy of $9,520,000 as a “one-time” expenditure. The Mayor’s budget reports there are no operating FTEs supported by this fund, representing no change from FY 2009. The proposed FY 2010 Trust Corporation budget is comprised entirely of local funds. The Committee notes that the Mayor’s proposed FY 2010 budget for CYITC of $9,520,000 is a substantial reduction from the FY 2009 amount awarded of $18,060,000, and furthermore, that the allocation is described as a “one-time” enhancement. Continued District funding for the Trust beyond FY 2010 thus appears in doubt. Additionally, the Trust has, in the past, relied on substantial private funding in order to support its programming initiatives for children and youth in the District. In FY 2009, the Trust has raised and expects receipts of $1,242,223 from private sources, and projects a total of $1,336,250 in private and non-District funds for FY 2010. 86

FY 2009 marks the final year of a multi-million grant awarded to the Trust from the Wallace Foundation to provide Out-of-School Time (OST) planning and programming. Committee Recommendations The Committee supports the Mayor’s Budget Request for 2010 with the following recommendations and changes: 1. The Committee adopts the Mayor’s request to add one-time funds for a grant in the amount of $250,000 to empower youth to reclaim the environmental, social, and economic health of their communities, but directs these funds to be awarded under the regular competitive processes of the CYITC. 2. The Committee adopts the Mayor’s request to add one-time funds for a grant in the amount of $150,000 to provide educational, athletic, emotional and socially enriched choices for youth, but directs these funds to be awarded under the regular competitive processes of the CYITC. 3. The Committee directs CYITC to implement policies and procedures to protect the safety of children and youth served by grantees by requiring criminal background and traffic records checks for employees of grantees who work directly with children and youth. 4. The Committee accepts a transfer of $700,000 in local funds from the Committee on Public Works and Transportation, and allocates this amount to CYITC, to be distributed evenly between the Southwest/Waterfront neighborhood and the Near Southeast/Hill East neighborhood for youth programming and activities, to be awarded through the regular competitive process of CYITC, to offset the loss of the Boys and Girls Clubs serving those neighborhoods. 5. The Committee recommends the adoption of Budget Support Act provisions to enhance transparency of the CYITC grant-making process.

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IV. FISCAL YEAR 2010 BUDGET REQUEST ACT APPROPRIATION LANGUAGE RECOMMENDATIONS 1.

Committee Reasoning

On March 20, 2009, Chairman Gray introduced, on behalf of the Mayor, the Fiscal Year 2010 Budget Request Act of 2009 (Bill 18-202). The Committee recommends adding language to reflect the following changes: (1) a transfer of $100,000 from Child and Family Services to the Department on Disability Services to support 1 FTE who shall be competent to implement a Facilitated Family Team Meeting pilot program as outlined in the Committee Report. (2) an increase of $1.1 million to the Child and Family Services Agency to support an enhancement to the Grandparent Subsidy Program from a revenue source to be determined. (3) a transfer of $100,000 from the Committee on Government Operations and the Environment to the Department of Human Services to support a one-time grant to the Community Council for the Homeless in Friendship Place to assist its mission and outreach to residents who are, and have been, homeless (4) a transfer of $700,000 from the Committee on Public Works and Transportation to the Children and Youth Investment Collaborative to support additional programming and activities for children and youth in the Southwest/Waterfront and Near Southeast/Hill East neighborhoods due to the loss of Boys and Girls Clubs. (5) a transfer of $250,000 from the Committee on Housing and Workforce Development to the Department of Human Services to support Housing Access for homeless veterans. 2.

Legislative Recommendations for Committee of the Whole

The Committee recommends amending the existing language in Title ------ to reflect the following: (1) an increase of $1,000,000 to Child and Family Services to reflect a transfer of $100,000 from Child and Family Services to the Department on Disability Services, and an increase from a revenue source to be determined of $1.1 million to support an enhancement to the Grandparent Subsidy Program. (3) an increase of $350,000 to the Department of Human Services to reflect a transfer of $100,000 from the Committee on Government Operations and the Environment to support a onetime grant to the Community Council for the Homeless in Friendship Place, and a transfer of 88

$250,000 from the Committee on Housing and Workforce Development to support Housing Access for homeless veterans. (2) an increase of $700,000 to the Children and Youth Collaborative to reflect a transfer of $700,000 from the Committee on Public Works and Transportation to the Children and Youth Investment Collaborative.

89

V.

FISCAL YEAR 2010 BUDGET SUPPORT ACT RECOMMENDATIONS

On Monday, March 23, 2009, Chairman Gray introduced on behalf of the Mayor Bill 18203, the “Fiscal Year 2010 Budget Support Act of 2009.” The bill contains a number of subtitles under the jurisdiction of the Committee on Human Services.

A.

1.

RECOMMENDATIONS ON BUDGET SUPPORT ACT SUBTITLES PROPOSED BY THE MAYOR TITLE IV. HUMAN SUPPORT SERVICE SUBTITLE A. GRANDPARENT CAREGIVERS EXTENSION PROGRAM a. Purpose, Effect, and Impact on Existing Law

The proposed subtitle would amend D.C. Official Code § 4-251.02 to convert the Grandparent Caregivers Pilot Program into a permanent program by striking the word “pilot.” b.

Committee Reasoning

The Committee recommends adoption of this proposed subtitle. The Committee further recommends an additional $1.1 million from a revenue source to be determined to the Child and Family Services Agency to support an enhancement to the Grandparent Subsidy Program. SUBTITLE E. GRANT-MAKING AUTHORITY FOR THE DIRECTOR OF THE DEPARTMENT OF YOUTH REHABILITATION SERVICES b. Purpose, Effect, and Impact on Existing Law The proposed subtitle would amend D.C. Official Code §2-1515.04 to authorize the Director of the Department of Youth Rehabilitation Services to issue grants for programs that deliver prevention, intervention, therapeutic, or rehabilitation services, supports, or opportunities. c. Committee Reasoning The Committee disapproves this proposed subtitle. The language is overly broad and unnecessary in order for the Department to fulfill its mission. The Committee considered adding limitations to this request to require grants in excess of $250,000 to be submitted for Council approval, and to impose reporting requirements. However, after discussions with Agency representatives, it became clear that there was no agreement on these proposed limitations, and that in the face of limitations as proposed by the Committee, the Agency 90

would withdraw the request. The Committee encourages the Agency to work with the Office of Contracts and Procurement to improve the flexibility and responsiveness of that Agency to address the Department’s needs for flexibility in the procurement of services.

B.

RECOMMENDATIONS FOR NEW BUDGET SUPPORT ACT SUBTITLES

The Committee on Human Services recommends adding the following new subtitles to the “Fiscal Year 2010 Budget Support Act of 2009”: Summary 1.

SUBTITLE XX. REPORTING REQUIREMENTS B HUMAN SERVICES. This subtitle would establish new reporting requirements for the Department of Human Services and the Child and Family Services Agency, including, at DHS, expanded reporting on services provided to the homeless during hypothermia season; the development of a “Healthy Foods Initiative” to supplement Food Stamps benefits for families receiving TANF benefits for use at area Farmer’s Markets to purchase fresh produce; and that CFSA provide a plan developed by the Healthy Families Thriving Communities Collaborative to reduce the incidence of abuse and neglect.

2.

SUBTITLE XX. GRANTS TO CYITC REQUIREMENTS This subtitle would direct the Mayor to submit grants and grant renewals to CYITC in excess of $1 million to the Council for review; require quarterly reports for such grants; and provide for enhanced transparency and participation of community-based organizations in the CYITC grant-making process.

3.

SUBTITLE XX. DDS WAITING LIST REQUIREMENTS This subtitle would direct the Department on Disability Services to issues rules and regulations to clarify the responsibility of the Department with respect to persons who have applied and are considered eligible to receive services, but have been placed on the Department’s Waiting List. The subtitle would require the Department to provide regular reports on individuals applying and waiting to receive services.

4.

SUBTITLE XX. OFFICE OF YOUTH MENTORING ESTABLISHMENT This subtitle would establish the Office for Youth Mentoring to coordinate and expand programs and public/private partnerships supporting youth mentoring opportunities for at risk youth, within a single administrative unit of the District of Columbia government; establish an Advisory Board; and allow District government employees to use accrued leave to volunteer as a youth mentor to District youth.

5.

SUBTITLE XX. CATEGORICAL ELIGIBILITY 91

This subtitle would require the Mayor to establish a TANF funded program or service for the purpose of establishing Categorical Eligibility for the food stamp program, and require the Mayor to establish the Heat and Eat Initiative as part of the Low-Income Home Energy Assistance Program (LIHEAP) to maximize the allowable standard deduction used to calculate benefit levels.

BSA Subtitles 1.

SUBTITLE XX. REPORTING REQUIREMENTS B HUMAN SERVICES. Sec. XXXX. Short title. This subtitle may be cited as the AHuman Services Reporting Requirements Act of 2009@. Part AB Department of Human Services Sec. XXXX. Housing First report. By January 30, 2010, the DC Auditor shall submit to the Council a financial impact

report measuring the government-wide savings produced by the District=s Housing First Program, including in emergency services, physical and mental health services, substance abuse services, personal safety, police services, and incarceration. Sec. XXXX. Winter plan report. By September 1, 2010, the Department shall submit to the Council, along with the annual winter plan required by section 5(b)(9) of Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-36; D.C. Official Code ' 4-752.02(b)(9)), an evaluation of case management services provided to homeless individuals during the hypothermia season, including a detailed protocol to evaluate a residents needs to help them emerge from homelessness. Sec. XXXX. Healthy Foods Initiative report. By October 10, 2010, the Department shall submit to the Council a report on its implementation of the healthy foods initiative, which shall be funded by not less than $500,000 92

of federal stimulus funds during FY 2010, to supplement food stamp benefits for families receiving TANF benefits to allow certain stamps to be used at area Farmer=s Markets to purchase locally grown and fresh produce. Part B B Child and Family Services Agency Sec. XXXX. Health Families Thriving Communities Collaboratives report. By January 30, 2010, the Agency shall submit to the Committee on Human Services a plan developed by the Healthy Families Thriving Communities Collaboratives (ACollaborative@), which shall be funded with $75,600 provided to the Collaborative by the Agency, to reduce the incidence of abuse and neglect, by geographic area, which shall include data for the prior 3 years on both investigated and substantiated cases by geographic location and practical recommendations. 2.

SUBTITLE XX. GRANTS TO CYITC REQUIREMENTS Sec. XXXX. Short title. This Title may be cited as the "Children and Youth Initiative Establishment Amendment

Act of 2009". Sec. XXXX. The Children and Youth Initiative Establishment Act of 1999, effective October 20, 1999 (D.C. Law 13-38; D. C. Official Code ' 2-1551 et seq. ), is amended as follows: (a) Section 2403 (D.C. Official Code ' 2-1553) is amended as follows: (1) Subsection (a) is amended by striking the phrase AThe Mayor@ and inserting the phrase ASubject to the requirements in subsections (a-1) and (a-2) of this section, the Mayor@ in its place. (2) New subsections (a-1) and (a-2) are added to read as follows: 93

A(a-1)(1) Sub-grants shall be awarded on a 3-year basis, subject to the availability of funding. A(2) At least 50 % of the members of a review panel for sub-grant applications shall be individuals who are not employees or contractors of the Children Youth Investment Trust Corporation.@. “(a-2) No grant may be awarded under this section in excess of $1 million during a 12-month period, either singularly or cumulatively, unless the grant is submitted to the Council for approval, in accordance with section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), or by act.”. (3) A new subsection (c) is added to read as follows: A(c) Beginning October 1, 2009, the Mayor shall submit a quarterly status report to the Council for all grants in excess of $1 million, which includes: A(1) Detailed grantee data; A(2) Performance measures and performance outcomes under each grant; “(3) The specific services provided to children and youth under each grant; “(4) The entity providing the services, if one other than the grantee; A(5) The time period of delivery of the services; A(6) The type of service provided; A(7) The actual amount paid for the services; and A(8) The amount of other expenditures under the grant, if any.”. (b) A new section 2304a is added to read as follows:

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ASec. 2304a (to be codified at D.C. Official Code ' 2-1553.01) is added to read as follows: ASec. 2304a. The Children and Youth Investment Corporation, or a successor single nonservice provider, nonprofit organization, shall submit a biannual assessment and funding report to the Council, which includes: A(1) A research-based needs assessment of at-risk youth, which identifies: A(A) Available resources; A(B) Needed resources, if any; and A(C) Any gap in services; and A(2) A list of funding priorities based upon the needs assessment.@. 3.

SUBTITLE XX. DEPARTMENT ON DISABILITY SERVICES REPORTING, WAITING LIST, AND NEEDS ASSESSMENT REQUIREMENTS. Sec. XXX. Short title. This subtitle may be cited as the “Department on Disability Services Reporting, Waiting

List, and Needs Assessment Amendment Act of 2009”. Sec. XXX. The Department on Disability Services Establishment Act of 2006, effective March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01 et seq.), is amended as follows: (a) Section 105 (D.C. Official Code § 7-761.05) is amended as follows: (1) Paragraph (5) is amended by striking the word “and” at the end. (2) Paragraph (6) is amended by striking the phrase “where appropriate.” and inserting the phrase “where appropriate;” in its place. (3) New paragraphs (7) and (8) are added to read as follows

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“(7) Establish a waiting list for supports and services only after convening a task force of residents with intellectual and developmental disabilities and their families, service providers, and advocates to assist the Department in developing rules and procedures, which shall provide: “(A) That persons on the waiting list begin to receive supports and services within a reasonable period of time; “(B) That the allocation of supports and services is based on a fair, equitable, and consistent method; “(C) That the minimum supports and services are available to all eligible persons; “(D) The supports and services for which a waiting list will be established; “(E) How a person is placed on the waiting list; “(F) The criteria that determine rank on the waiting list; “(G) The criteria for providing immediate services to a person on the waiting list: “(i) If the person is homeless or at imminent risk of becoming homeless, as these terms are defined in section 2(18) and (23) of the Homeless Services reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01(18) and (23)); or “(ii) If there is a reasonable belief that the person is in imminent danger or will be subject to abuse or neglect if the person does not receive immediate support or service;

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“(H) The process for a person to appeal his or her placement or rank on the waiting list; and “(I) The notice procedure for informing a person of his or her placement on the waiting list, including how long the person can expect to wait for supports and services; and “(8) In partnership with residents with intellectual and developmental disabilities and their families, service providers, and advocates, through work groups, sponsor forums, or other type of assembly that ensures meaningful community participation, conduct a needs assessment of District residents with intellectual and developmental disabilities and their families, which shall be published no later than September 30, 2010.”.

(b)

New sections 106a and 106b (to be codified at D.C. Official Code §§ 7-761.06a and 7-761.06b) are added to read as follows: “Sec. 106a. Reporting requirements. (a) The Mayor shall publish reports on persons seeking and receiving services from the Department. Each report shall provide a monthly and year-to-date statistical profile of: “(1) Persons who have applied for services, organized by: “(A) Referral source; “(B) Application status; and “(C) Average length of time spent in each stage of the application process; “(2) Eligible persons who have requested but not yet received one or more services, organized by service type; “(3) Persons receiving services, organized by service type; and “(4) Persons terminated from services, organized by reason for termination.

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“(b) The Mayor shall publish the reports required under subsection (a) of this section on a bimonthly basis throughout fiscal year 2010 and on a quarterly basis thereafter, no later than the 15th day following the end of the month or quarter for which the report is required. “Sec. 106b. Reports and notices to be made available to the public. “The Department shall make all reports and notices required under this act available on its website within 1 business day of publication, and shall provide copies to the public upon request.”. 4.

SUBTITLE XX. OFFICE OF YOUTH MENTORING YOUTH MENTORING Sec. XXX. Short title. This subtitle may be cited as the “Office for Youth Mentoring Establishment Amendment

Act of 2009". Sec. XXX. Establishment of the Office for Youth Mentoring. (a) There is established, as a subordinate agency under the Mayor in the executive branch of the government of the District of Columbia, the Office of Youth Mentoring (“Office”). The Office shall be the centralized unit to administer the programs delegated to it by the Mayor or the Council to promote youth mentoring and public/private partnerships to increase youth mentoring opportunities. Sec.XXX. Appointment of Executive Director; compensation, staff. (a)

(1) The Office shall be headed by a Director, who shall be appointed pursuant to

section 2(a) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(a)). The Director shall devote full time to the duties of the Office and shall be compensated pursuant to Title IX of the District of Columbia Government

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Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-609.01 et seq.), at a rate no lower than a DS-15. (2) The office shall have, at a minimum, 2 full-time employees, plus any temporary staff approved by the Office of Budget and Planning. Sec. XXX. Functions of the Office. The functions of the Office shall include: (1) Serving as an advocate for the youth mentoring community; (2) Assisting programs in developing and submitting grant applications related to youth mentoring; (3) Providing general assistance in recruiting mentors from public and private sector organizations, including: (A) Businesses; (B) Public, private, and public charter schools; (C) Universities and colleges; (D) Community organizations; (E) Units of government; and (F) Faith-based organizations; (4) Developing and implementing memorandums of understanding with businesses and corporations based in, or doing business with, the District of Columbia to encourage employees to mentor youth and create greater mentoring opportunities; (5) Coordinating with each District department and agency to designate an employee to serve as a youth mentoring coordinator to encourage employees to mentor youth and create greater mentoring opportunities;

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(6) Developing strategies for creating and disseminating private and public sector resources through a network that supports: (A) Local mentoring partnerships; (B) Direct service programs; (C) Capacity-building grants; (D) District-wide technical assistance training efforts; and (E) Ongoing database and data collection efforts; (7) Developing a District-wide tracking system that enables local programs to report on: (A) The number of youth served; (B) Qualitative changes in the behavior and attitude of students served; (C) Resources needed; and (D) Areas of needed service. (8) Providing training and technical assistance, including District-wide and regional training sessions in youth mentoring best practices no fewer than 4 times per year that focuses on supporting: (A) Schools and local nonprofit agencies seeking to initiate, strengthen, and expand mentoring efforts; and (B) Business and labor organizations, universities and colleges, and faith-based organizations seeking to use their resources to develop, manage, and sustain a mentoring initiative; and (9) Raising public awareness of the need for and the benefit of mentoring through District-wide media campaigns, newsletters, and publications.

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Sec. XXX. Advisory Board. (a) The Mayor shall establish an Advisory Board, consisting of no more than 15 member, which shall meet once per quarter to advise the Office for Youth Mentoring and the Mayor on issues relating to youth mentoring programs. (b) The membership shall be representative of the diversity of people and ideas within the youth mentoring, business, and government communities, and shall include: (1) The Chancellor of District of Columbia Public Schools; (2) The Director of the Department of Youth Rehabilitative Services; (3) The Director of the Department of Parks and Recreation; (4) The Executive Director of the Children Youth Investment Trust Corporation; (5) The Executive Director of DC Mentoring Partnership; and (6) Individuals from the youth mentoring and business communities. (c) The nongovernment members shall serve 2-year terms. Sec. XXX. The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), is amended by adding a new section 1203c (to be codified at D.C. Official Code § 1-612.03c) to read as follows: “Sec. 1203c. Mentor leave. “(a) An employee shall be entitled to use up to 10 days of accumulated leave to serve as a youth mentor, without loss or reduction in pay or credit for time of service, in a calendar year. “(b) Subsection (a) of this section shall apply only if the employee is a volunteer youth mentor and the youth is a resident of the District of Columbia.

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“(c) The Mayor shall prescribe rules and regulations to implement the provisions of this section.”.

5.

SUBTITLE XX. CATEGORICAL ELIGIBILITY Sec. XXXX. Short title. This subtitle may be cited as the “Food Stamp Expansion Act of 2009”. Sec. XXX. Definitions For the purpose of this act, the term: (1)

“Categorical Eligibility” means the automatic eligibility for the food stamps

program as determined by the enrollment in a separate TANF funded program. (2)

“Food Stamp Program” means the federally funded Supplemental Nutrition

Assistance Program. (3) “LIHEAP” means the Low Income Home Energy Assistance Program. (4)

“Maximum Standard Utility Allowance” means the maximum level of accepted

utility-based income deductions used in determining benefits under the food stamp program. (5) “TANF” means the Temporary Assistance for Needy Families Program. Sec. XXXX. Categorical Eligibility for food stamps. (a)

The Mayor shall establish a TANF funded program or service for the purpose of

establishing Categorical Eligibility for the food stamp program. (b)

Eligibility shall be granted to all applicants with gross income at or below 200%

of the federal poverty level. Sec. XXXX. LIHEAP Heat and Eat Initiative.

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(a)

The Mayor shall establish a LIHEAP Heat and Eat Initiative for the purpose of

providing the maximum standard utility allowance to all participants. (b)

All food stamp recipients shall be automatically enrolled in the LIHEAP Heat and

Eat Initiative. (c)

All LIHEAP Heat and Eat participants shall receive a minimum annual benefit of

(d)

Participation in the LIHEAP Heat and Eat Initiative shall not preclude any

$1.

recipients from receiving standard LIHEAP benefits of which they are eligible.

VI. COMMITTEE ACTION AND VOTE The Committee met on Thursday, April 30, 2009, at 10:15 a.m. in the Council Chambers (Room 500) of the John A. Wilson Building to consider and vote on the Mayor’s FY 2010 Budget Request for the agencies under its jurisdiction, the provisions of the FY 2010 Budget Support Act of 2009 referred to the Committee for comment, and the Committee’s report. Fiscal Year 2010 Budget Request and Budget Support Recommendations The Committee convened on Thursday, April 30, 2009, at 10:15 a.m. in the Council Chambers (Room 500) of the John A. Wilson Building to consider and vote on the Mayor’s FY 2010 Budget Request for the agencies under its jurisdiction, the provisions of the FY 2010 Budget Support Act of 2009 referred to the Committee for comment, and the Committee’s report. Chairperson Wells, and Councilmembers Barry, Michael Brown and Councilmember Bowser were present. Chairperson Wells opened the meeting with an Opening Statement in which he described the recommendations contained in the Committee’s draft report. Chair Wells then recognized Councilmember Bowser who thanked the Chair for his work on the budget and expressed her support for the Committee’s recommendation that funding be increased for the Grandparents Subsidy. She indicated that she would prefer finding an alternative source of funding for the program rather than recommending that the full Council increase the gas tax by a penny. Chairperson Wells indicated that he would be pleased to support a different source of funding for the Grandparent Subsidy program and thanked Councilmember Bowser for her ongoing support of Grandparents participate in the program. Councilmember Michael Brown voiced his support of the Chairman’s recommendations and especially thanked him for his leadership in the areas of youth mentoring and the Grandparents

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subsidy, and for the inclusion of the Food Stamp Expansion Act of 2009 in the Budget Support Act recommendations. Councilmember Barry made mention of the 30 years that he has known and worked with Chairperson Wells and highlighted the tremendous energy and progressive attitude that Mr. Wells has shown for those who are in need. Councilmember Barry also expressed his thanks to the Committee staff. Councilmember Wells moved an amendment to accept a transfer of funds from the Committee on Housing and Workforce Development to support Housing Access, a program for homeless veterans, through the Department of Human Services. The total amount to be transferred to this purpose is $250,000. The amendment was adopted on a voice vote. Eric Goulet, the Council’s budget director requested clarification related to the Committee report language related to a gas tax increase. Chairman Wells indicated that the language was intended to be an option for increased revenue that could be considered by the full Council. The Committee acknowledges the receipt of a letter dated April 30, 2009, from Attorney General Peter Nickles, prior to the markup, raising several concerns regarding language in the Committee Report. Specifically, the Attorney General stated that language in the report directs the Child and Family Services Agency to consult with the Court Monitor and Plaintiffs in the LaShawn litigation, and with public and private stakeholders, and that this language has the potential to undermine the independent decision-making authority of the Agency. The Committee notes that its directives are proffered in the spirit of good governance, and disagrees with the Attorney General’s view that they interfere with the independent decisionmaking authority of the Agency. It is within the legislative authority of the Council to direct that Agencies consult with members of the public and other stakeholders in the development of policy recommendations. In this respect, the Council fully expects the Agency to be responsive to its directives, even as the District Government works to address issues that are raised by ongoing litigation. The Committee further disagrees with the Attorney General’s objection to the Committee’s recommendation to transfer $4.2 million from the Office of the Transportation Manager to CFSA – this recommendation is again entirely within the legal authority of the Council to make, will not interfere with the ability of the District to meet its requirements under existing Court orders, and will produce the added benefit of forcing the Child and Family Services to take into account all costs associated with placing children in out-of-state placements for foster care services. Chair Wells thanked staff for their work and moved for approval of all of the Committee’s recommended FY 2010 Budget Request and Budget Support recommendations and Committee Report, with leave for staff to make technical and conforming changes to reflect the Committee’s actions. The Members voted as follows: Members in favor:

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Chairman Wells and Councilmembers Barry, Michael Brown and Councilmember Bowser.

Members opposed: Members voting present: Members absent:

None None Councilmember Mendelson

The meeting was adjourned at 11:05 a.m.

VII. ATTACHMENTS A. B. C.

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March 25, 2009 Fiscal Year 2010 Budget Oversight Hearing Witness List and Testimony April 3, 2009 Fiscal Year 2010 Budget Oversight Hearing Witness List and Testimony April 6, 2009 Fiscal Year 2010 Budget Oversight Hearing Witness List and Testimony