COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3212-06

Bill No.: HCS for SCS#2 for SB 762

Subject: Children and Minors; Family Law; Family Services Division

Type: Original

Date: May 4, 2004




FISCAL SUMMARY

ESTIMATED NET EFFECT ON GENERAL REVENUE FUND
FUND AFFECTED FY 2005 FY 2006 FY 2007
General Revenue* (More than $5,381,466) (More than $6,870,052) (More than $9,342,859)
Total Estimated

Net Effect on

General Revenue

Fund

(More than $5,381,466) (More than $6,870,052) (More than $9,342,859)

*Part of General Revenue is subject to appropriations; does not include income of unknown, but greater than $100,000 and costs of unknown but less than $100,000.

ESTIMATED NET EFFECT ON OTHER STATE FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Highway Fund ($3,966) $0 $0
Criminal Records System Fund $64,960 to $2,581,276 $58,906 to $2,575,222 $58,096 to $2,574,412
Childhood Lead Test Fund ($29,999) ($47,380) ($59,037)
Total Estimated

Net Effect on All

State Funds

$30,995 to $2,547,311 $11,526 to $2,527,842 ($941) to $2,515,375



Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 30 pages.



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Federal* $0 $0 $0
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0

*Income and Costs of unknown to more than approximately $4,000,000 would net to $0.

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2005 FY 2006 FY 2007
Local Government $0 to (Less than $3,556,832) $0 to (Less than $3,556,832) $0 to (Less than $3,556,832)




FISCAL ANALYSIS



ASSUMPTION



Officials from the Missouri House of Representatives, the Office of State Public Defender, the Office of Prosecution Services, and the Department of Insurance state this proposal would not fiscally impact their agencies.



Officials from the Office of the Secretary of State (SOS) state this proposal enacts and modifies various provisions regarding the state foster care system and requires the Children's Division to arrannge a team meeting before a child is placed in protective custody. The Department of Social Services, the Department of Health and Senior Services, the State Board of Education, the Deparment of Mental Health and the Administrative Hearing Commission could promulgate rules to enact this legislation. Based on experience with other divisions, the rules, regulations and forms issued by the Department of Social Services could require as many as 230 pages in the Code of State Regulations. For any given rule, roughly one-half again as many pages are published in the Missouri Register as are published in the Code because cost statements, fiscal notes and notices are not published in the Code. The estimated cost of a page in the Missouri Register is $23.00. The estimated cost of a page in the Code of State Regulations is $27.00. The actual costs could be more or less than the numbers given. The fiscal impact of this legislation in future years is unknown and depends upon the frequency and length of rules filed, amended, ASSUMPTION (continued)



rescinded and withdrawn. The SOS estimates the cost of this legislation to be $14,145 in FY 05.



Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process.

Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.



Officials from the Department of Elementary and Secondary Education (DES) stated the following in a similar proposal:



Section 168.283

For FY 2002, numbers of pupil-contact individuals throughout the state's districts are:

Custodians 9,049

Food Service 7,107

Teacher Aides 11,296

Office 8,851

Other 9,579

Certified Staff 78,583

Total 124,465



124,465 x $24 national background check = $2,987,160

124,465 x $14 state background check = $1,742,510 $4,729,670

Average turnover for teachers, administration, librarians, special services, and certificated personnel in Missouri's elementary, junior high, and high schools is 22%. Assuming a 22% turnover rate, DES estimates costs for the first subsequent year and second subsequent year as calculated below. School districts may reimburse the individual for the cost of the background check.



124,465 x 0.22 = 27,382

27,382 x $24 national background check =$657,175

27,382 x $14 state background check =$383,352 $1,040,527



Oversight assumes "...no person employed by a school after January 1, 2005..." would be school

district employees with pupil contacts newly hired after January 1, 2005. Oversight is showing

the fiscal impact to school districts as a cost of $0 to $1,040,516 (cost is $38 per background

ASSUMPTION (continued)



check for 27,382 checks) for each year because the language is permissive. It would be a local school district decision as to how much of the cost to reimburse to the individuals.

Section 211.032

DES states the changes proposed in this section would allow (upon request of the foster family and whenever possible), any child in the custody of CD attending a school other than the school the child was attending when taken into custody, to attend the same school the child was enrolled in and attending at the time the child was taken into custody by CD.



Costs related to this provision are unknown; but could be significant. In addition, it is unknown who would be responsible for the costs. Transportation costs could easily be $100 per child per day for 174 days of the school year.



Oversight assumes that in most cases, the DFS would place a child in foster care in the same school district the child was attending, thereby minimizing transportation costs.

Section 210.518

DES states with the exception of DES state operated programs, DES does not maintain the kind

of student specific information identified in Section 210. 518, and therefore, DES states it does not make sense to bind DES to a meeting when DES does not have the information to share with the other two agencies. DES states it would object to being included in the requirement for attendance at meetings, that is being proposed in this legislation. Attendance would not be logical, since DES don't have the information. Such a requirement would be burdensome to the staff. The financial impact would come in the form of opportunity costs (i.e. investing staff time in a meeting when that time would otherwise be spent on DES functions).



Section 135.327

DES states changes to this section would remove the $2 million cap on the tax credit for nonrecurring adoption expenses. More tax credits mean less general revenue available for

distribution to local schools through the foundation formula.



Officials from the Office of State Courts Administrator (CTS) state this proposal would make numerous changes in the laws relating to foster care, and create new responsibilities and time frames for the courts and court clerks.



At this time, the CTS has no way of knowing what the actual fiscal impact will be, but it could be substantial. CTS states as this proposal undergoes revisions, costs could arise as these revisions

impact the workload of the courts. Any significant increase in the workload of the courts as a ASSUMPTION (continued)



result of these provisions will be reflected in future budget requests.



Officials from the Office of Administration- Division of Budget and Planning (BAP) state this proposal would not result in additional costs or savings to the BAP.



BAP states this proposal creates a separate deduction for adoptions from state individual tax liability which could significantly decrease General Revenue. BAP states the $2 million capped tax credit program remains for business entities.



BAP states the proposal creates an Office of Child Advocate for Children's Protection and Services in the Office of Administration. BAP states a similar office is already operational in the Office of Administration during the current fiscal year. BAP notes that the funding for the office, for Fiscal Year 2005, is being debated by the General Assembly.



Officials from the Department of Mental Health (DMH) state Sections 37.700 -37.730 create an Office of Child Advocate within the Office of Administration to assure that children receive adequate protection and care from services and programs offered by DOS and DMH or juvenile court. DMH's Consumer Affairs Office represents consumer and family viewpoints in decision and policy development for the DMH. It works to increase the knowledge and skills of individuals and families necessary to effectively navigate the system so they experience greater satisfaction. Client Rights services are provided through this office. The Office of Child Advocate created under this bill, "shall act independently of the Departments of Social Services, Mental Health and the juvenile court", so DMH assumes that the provisions relating to Chapter

37 RSMo do not affect the services provided by the DMH. Further, DMH assumes that no fiscal impact will be imposed upon the DMH for the funding and staffing of such office since section 37.705 states the "Office of Administration" shall provide administrative support and staff as deemed necessary. Also, section 37.710.2(7) gives the Office of Administration the authority to "apply for and accept grants, gifts, and bequests of funds from other states, federal, and interstate agencies, and independent authorities, private firms, individuals, and foundations to carry out his or her duties and responsibilities."



DMH states Section 210.108 authorizes the Department of Social Services to enter into "voluntary Placement agreements" with parents, legal guardians or custodians for placement of children only in need of mental health services with the Department of Mental Health



Officials from the Office of Administration - Administrative Hearing Commission (AHC) assume that this proposal will not significantly alter its caseload. AHC states if there are more cases than anticipated or more complex cases, there would be a fiscal impact. AHC states if ASSUMPTION (continued)



other similar proposals also pass, there would be a fiscal impact.



Officials from the Office of Administration - Office of Child Welfare (OCW) state if a report is determined to be unsubstantiated, the reporter may request that the report be referred to the Office of Child Advocate. The OCW anticipates a substantial number of referrals to be referred to the child advocate's office. The impact of adding referrals on unsubstantiated child abuse hotline reports is unknown. OCW estimates an investigator can handle 20 new referrals a month and estimates a .67 FTE Investigator will be needed.



Oversight assumes these costs of a .67 FTE Investigator could be absorbed. Should the OCW receive significantly more referrals than anticipated, they could request additional resources through the appropriation process.



Officials from the Department of Corrections (DOC) assume this proposal will require supervision by the DOC through probation or incarceration would result in some additional costs, but DOC assumes the impact would be $0 or minimal and could be absorbed within existing

resources.



Officials from the Department of Revenue (DOR) stated the following:



Administrative Impact: DOR states this proposal removes the $2,000,000 cap that currently applies to the adoption Tax Credit. The Division of Taxation will see an increase in the number of credits, but will not see an increase in workload due to the time currently spent denying credits over the $2,000,000 cap. Therefore, there is no additional administrative impact to DOR.



Revenue Impact: DOR states as of January 23, 2004, the DOR has approved credits for 786 returns, totaling $2,000,000. DOR has also denied 566 returns due to the cap being reached, totaling $1,496,543. Because the amount denied is only for half of the fiscal year, the DOR believes the total loss to General Revenue will be more than $1,500,000. However, the DOR cannot estimate the total loss to General Revenue and assumes it will be $1,500,000 to unknown.



Oversight assumes the anticipated amount of credits to be submitted over the annual cap this year could be a result of the previous years' buildup of denied claims plus additional claims from this year. Therefore, if the cap on the tax credits was taken out of statutes, the first fiscal year (FY 2005) could have a large impact of previous year' denied credits being allowed, and then future years not so large. Therefore, with this possibility and with the lack of information available regarding the number of special needs adoptions in the state and the non-recurring







ASSUMPTION (continued)



expenses related to them, Oversight will utilize DOR's estimate of ($1.5 million to Unknown) for FY 2005, but for future years, assume (Unknown - greater than $100,000) in losses to GR.



These tax credits can be sold to and utilized by insurance companies against their premium tax liability. Premium tax revenue is split evenly between General Revenue Fund and the County

Foreign Insurance Fund which is later distributed to school districts. Therefore, Oversight has footnoted the possibility that some of the additional tax credits resulting from this proposal could

be utilized by insurance companies and therefore, reduce revenue to the local school districts.



The DOR stated there would be a cost of $3,966 in FY 05 related to the programming required for school bus permit system programming.



Officials from the Office of Attorney General (AGO) assume this proposal allows for the appeal of certain decisions before the Administrative Hearing Commission (AHC), and the AGO assumes it would therefore require its appearance before the AHC on behalf of the division in

administrative hearings concerning the substantiation of child abuse and neglect claims.



The AGO further assumes that certain provision in the proposal will require additional advice to agencies, particularly regarding the Sunshine Law, access to records and criminal background checks. AGO also assumes that the privatization pilot project may result in additional legal work for AGO in reviewing contracts with private entities and defending the state from any litigation arising from those contracts.



The AGO assumes that potential costs arising from this proposal are unknown, but will not exceed $100,000.



Officials from the Department of Social Services - Children's Division (CD) stated the following:



Section 135.327 - Adoption Tax Credit



CD states this section lifts the $2 million cap on the special needs adoption tax credit. Currently, there are more tax credits requested than can be accommodated. If the cap is lifted, it is expected that the number of credits redeemed will exceed the cap by a considerable amount. The CD assumes that the Department of Revenue, who administers this tax credit, will provide the fiscal impact.





ASSUMPTION (continued)



Section 210.109.3(8) - Privatization



The CD states this section requires the CD to contract with private agencies to provide case management services whenever available and appropriate. The CD assumes that the language, "whenever available and appropriate…" would mean that the division has the authority to

determine where contracting for services would be appropriate. The CD also assumes the intent of this section would be for contracting to be done with existing funding. Therefore, this section is not expected to have a fiscal impact.



Sections 210.112.2 - 210.112.3



CD states on or before July 1, 2005, and subject to appropriations, the CD and the courts shall enter into and implement contracts with qualified children's service providers and agencies

which will provide a comprehensive system of service delivery. Direct services shall be contracted for by a competitive bid process. Contractors shall have a proven record of providing child welfare services or the ability to provide a range of child welfare services. In implementing, the CD and courts will direct efforts toward Greene County and other areas where eligible direct children's service providers are currently available. Section 210.112.4 (7) stipulates that payments to children's services providers of family-centered services, family preservation, and case management services shall be made in reasonable amounts based on the costs of services.



The CD will develop performance based contracts to provide child welfare services in these areas. Due to several factors, including the stipulation that the rates are to be reasonable amounts based on the costs of services, contracting for these services may exceed the cost of providing these services within the CD. However, until the contracts are awarded, the additional cost to the state is unknown. Therefore, the CD is assuming at this time that the cost to contract for child welfare services is equivalent to providing those services with state/public staff. This section is subject to appropriation therefore any additional cost would have to be appropriated before this section is implemented. The fiscal impact for this section is unknown but greater than $100,000.



Oversight assumes unknown costs for privatization, but assumes the resulting staff loss will net the fiscal impact to $0.



Section 210.112.6 - Privatization Evaluation



The Division is to conduct an evaluation of the success of privatization. The CD estimates the cost would be $30,000 based on a similar research conducted in the past year.



ASSUMPTION (continued)



Section 210.113 - Accreditation



The CD states it is the goal of the General Assembly for the DOS to attain accreditation by the Council on Accreditation for Families and Children within five years of the effective date of the section. To achieve accreditation an additional staff 774 staff, including 417 Social Service Workers are needed. The cost over a five-year period is approximately $45.5 million before inflation. This includes associated supervisory and clerical staff, salaries, E&E, leasing costs, and fringe benefits.



Based on FY 03 budget, CD (then DFS) had 1,382 budgeted social service workers but only 75% or 1,037 were staffed at that time. Also at that time, social workers were handling 23,094 cases (24,714 cases less 1,620 privatized cases) or a total of 22 cases per social worker. Oversight

assumes CD would need to move to 14 cases per social worker to become accredited. Depending on the type of case, social workers can handle more or less than 14 cases, but 14 is the average. Therefore, CD would need 1,650 social workers or 268 more than it currently has budgeted

(1,650-1,382). CD has on average, .63 supervisors and clerical staff for each social worker. Therefore, CD would need 169 supervisors and clerical staff in addition to the 268 social workers for a total of 437 staff. Since the accreditation is to occur within 5 years, Oversight has adjusted CD's estimate of 156 FTE needed per year to 88 FTE (437/5) per year.



Oversight has, for fiscal note purposes only, changed the starting salary for CD employees to

correspond to the second step above minimum for comparable positions in the state's merit system pay grid. This decision reflects a study of actual starting salaries for new state employees for a six month period and the policy of the Oversight Subcommittee of the Joint Committee on Legislative Research.



Section 210.487 - Fingerprinting Costs



CD states when conducting investigations of persons for the purpose of foster parent licensing, the CD shall, upon initial application, obtain two sets of fingerprints for all adults in the applicant's household. One set of fingerprints shall be used by the Highway Patrol to search the criminal history repository and the second set shall be forwarded to the Federal Bureau of Investigation (FBI) for searching the federal criminal history files. The total cost of

fingerprinting shall be paid by the State, subject to appropriations.



Cost of fingerprinting is $14 for the Missouri Highway Patrol search and $24 for the FBI search. The CD estimates 979 new homes to be licensed, with an average of two adults per home for whom background checks must be completed. The estimated cost would be $74,404.

ASSUMPTION (continued)



Oversight notes this section is subject to appropriations.



210.762 - Team Meetings



Due to the uncertainty of the intent of Sections 210.762, it is not possible to fully determine the

fiscal impact. However, for this fiscal note, CD assumes that the term "any action" as used in Section 210.762 is referring to the team meeting held upon initial placement of a child in protective custody. Based upon this assumption, CD assumes there would be no fiscal impact.



Section 210.117 and 211.038-Child Placement



These sections would mandate that ny child placed in the state's custody, shall not be reunited with a parent or placed in a home in which the parent or any person residing in the home has been guilty of various violations. This could increase the number of children in the custody of the CD and would increase the length of time some children would have to remain in the CD's custody.



The CD cannot estimate the increase to work load for division staff, and cannot determine the number of children who would remain in the CD's custody for a longer period of time. Since the number of children that would be affected is unknown, the fiscal impact for this is unknown. If even 15 children were kept in custody the impact would exceed $100,000.



Several sections - Preponderance of Evidence



Preponderance of the evidence requires more evidence resulting in a need for staff to be certified

forensic investigators. Training for such specialization is provided by "Finding Words," currently being utilized by CACs in Missouri. The cost is $475 per trainee. As of FY04, the CD

has 1,382.42 budgeted workers. Additionally 95 Social Service Workers will be added each year to achieve accreditation. Social Service Worker turnover is approximately 20% per year. Therefore, a factor needs to be added for ongoing training costs due to turnover. The costs per year would be:

FY 05: 1,282.42 + 95 additional workers = 1,477.42 X $475 = $701,775

FY 06: 95 additional workers + 295 turnover = 390 X $475 = $185,250

FY 07: 95 additional workers + 314 turnover = 409 X $475 = $194,275



Officials from the Department of Social Services - Office of Early Childhood (OEC) assumes family home childcare providers must submit to fingerprinting at their initial application for state ASSUMPTION (continued)



or federal funds. OEC estimated in a previous note that 4,562 persons would need to be fingerprinted, however, the OEC would pass the cost of fingerprinting on to the applicant.

Therefore, OEC assumes no fiscal impact.



Officials from the Department of Social Services - Division of Medical Services (DMS)

assumed the following:



DMS states Section 208.647 eliminates the waiting period for health care coverage for children with special health care needs that do not have access to affordable employer-subsidized health care insurance as determined by the Family Support Division (FSD). In order to receive federal participation, the Centers for Medicare and Medicaid Services (CMS) would have to approve an amendment to the 1115 waiver. For the purpose of this fiscal note, DMS assumes CMS would approve such a waiver amendment.



FSD has estimated that 126 children would meet these guidelines in FY 05. The cost was determined by utilizing a phase-in formula for the number of eligibles multiplied by the cost per

eligible. It is assumed the number of children would be this high because the proposed legislation would apply to common childhood health conditions, such as earaches or colds, which could lead to hearing loss or pneumonia, respectively.



DMS states the average monthly cost per child in the 1115 waiver for FY 03 is $100.33. Based on a six-month phase-in for the first fiscal year and taking into account the inflation forecast of 4.5% for medical care, the total cost for FY 05 would be $125,499. For FY 06 and FY 07, the number of eligible children was increased by 3% for caseload growth and phased-in over a four month time frame. The same inflation forecast of 4.5% was applied to the second and third years as well. The total cost for FY 06 would be $170,253 and for FY 07, the total cost would be

$183,413.



DMS states Section 701.336 would require lead poisoning screenings. DMS assumes that the collaboration to devise an educational strategy, as required by this legislation, can be provided

with existing staff and resources. However, if the implementation of the strategy

requires additional administrative duties over and above the current workload of DMS staff, DMS would require additional staff to perform these duties. If not, there is not a fiscal impact for new staff to DMS.



If the number of children tested for lead poisoning increases, the Medicaid expenditures for the fee-for-service population would also increase. In addition, the managed care rates of the health maintenance organizations would have to be adjusted to reflect the increased utilization. The ASSUMPTION (continued)



anticipated impact of these adjustments is unknown. Therefore, DMS assumes a fiscal impact of unknown but greater than $100,000.



DMS assumes because of sections modifying the Missouri Family Trust, DMS would anticipate an unknown savings due to increased estate recoveries of an unknown amount, but greater than

$100,000.



Officials from the Department of Public Safety - Criminal Records and Identification Division (CRI) responded to our fiscal note request and calculated a cost based on 154,209 fingerprints the first year and 26,161 each subsequent year. They obtained this number by contacting the appropriate state agencies. However, in their response to Oversight, the CD reported 1,958 would need background checks and OEC reported 4,562 would need background checks. Oversight has used MHP's formula to recalculate the cost based on 6,520 applicants.



Based on this volume, one additional FTE would be required. The CRI would have this individual work 2nd and 3rd shift so no new equipment would be needed.



The CRI would collect $38 and pass the $24 fee from the Federal background checks and pass this on to the FBI.



The CRI estimates the Information System Division (ISD) of the Department of Public Safety would incur additional state data center costs of approximately $1,630 per year.



Officials from the Department of Health and Senior Services (DOH) stated the following:



STATE PUBLIC HEALTH LAB (SPHL)

DOH states the goal of this legislation is to have 75% of the children who receive Medicaid

tested for lead poisoning by August 28, 2008. (See 701.336.2)



DOH states according to the latest data available, 55% of Medicaid clients are not enrolled in MC+ plans. In FY 03 the SPHL performed 74% of the lead testing on the Missouri Medicaid clients that were not enrolled in Medicaid Managed Care (MC+). Approximately 10% of the

samples tested result in a second sample being tested. The SPHL performs less than .5% of the lead tests on those that were enrolled in a MC+ plan. It is assumed this testing percentage will continue as more Medicaid children are tested. It is also assumed the SPHL will test few, if any,

non-Medicaid samples as the volume of Medicaid testing increases due to limited laboratory capacity.



ASSUMPTION (continued)



FY 03 lead testing data for SPHL

Total Medicaid samples - 11,228

FY 03 Total Missouri Medicaid children (6 month - not yet reached 6 yrs) ---------- 182,729

Medicaid children not enrolled in MC+ plans ----------- 100,932



Projected Samples (Medicaid-non MC+plan) tested by SPHL



Year 1*(40%) Year 2* (60%) Year 3* (75%)

* based upon 40%, 60%, 75% testing of non-MC+ Medicaid child population with SPHL performing 74% of testing

29,877 44,815 56,019

2,988 (10% repeat) 4,482 (10% repeat) 5,602 (10% repeat)

Total 32,865 49,297 61,621



Increase over FY 03

SPHL workload (11,228) 21,637 38,069 50,393

Revenue raised

$9.00/sample** $194,730 $342,621 $453,539

**based up 60% Federal share Medicaid reimbursement of $15 fee schedule

Projected costs ($357,005) ($628,138) ($831,488)

@$16.50/sample SPHL cost

(present workload of 11,228

samples not included)

Cost over Revenue ($162,274) ($285,517) ($377,950)



Staffing

1st year - two Public Health Lab Scientists, one Office Support Assistant, one Storekeeper, and one Account Clerk II (SPHL)

2nd year - one Senior Public Health Lab Scientist

3rd year - one Public Health Lab Scientist



Expenses over standard include postage for mailing kits and laboratory forms; printing of laboratory forms, instrument lease costs (includes maintenance & repair), and laboratory supplies and reagents.





ASSUMPTION (continued)



DOH states while costs per test run $16.50, Medicaid revenue is based on the fee schedule set by Medicaid, which is $15.00 per test. Of that $15.00, the State Public Health Lab receives only the federal portion, which is 60%, or $9.00 per test.



DOH assumes that all costs and revenues will charged to and deposited in the Childhood Lead Testing Fund created in section 701.345. Because moneys in the fund shall be used to fund the

administration of childhood lead programs, blood tests to uninsured children, educational materials and analysis of lead blood test reports and case management, no indirect costs have been shown.

DIVISION OF ENVIRONMENTAL HEALTH AND COMMUNICABLE DISEASE PREVENTION

PERSONNEL: One Health Educator II would be needed. Expenses would be needed to cover costs to produce brochures (15˘ each), and postage to mail them (40˘ each).



Child population less than six years of age participating in Medicaid as 7/1/03 = 182,729. Less than 15% are lead tested. Thus, the following number of brochures will need to be produced:



182,729 - for 1st year mailing and to use during physician and laboratory visits.

73,092 - for 2nd year mailing - assumes 40% from 1st mailing will still not be lead tested.

29,237 - for 3rd year mailing - assumes 40% from 2nd mailing will still not be lead tested.

285,058 - Total



DIVISION OF SENIOR SERVICES AND REGULATION

The Dept. of Elementary and Secondary Education stated that in 2002, 92,288 educator staff and

45,885 non-educator staff were employed by the school districts statewide. DESE also estimates there is an 8% turnover rate, so 11,054 staff would be hired annually.



According to the internet website for the Missouri CASA Association (Court Appointed Special Advocates), there are 16 regional programs in Missouri and CASA of St. Louis County has 87 volunteers. The DHSS estimates that on average there would be approximately 50 volunteer advocates per region or a total of approximately 800 volunteer advocates to be registered and screened.



DOH in unable to accurately estimate the number of employees working for the private children's division providers and agencies that would require registering and screening nor the number of attorneys appointed annually to act as guardians ad litem in juvenile cases.



ASSUMPTION (continued)



DOH estimates that it will require one additional Health Program Representative I/II FTE and 1 additional Office Support Assistant (Keyboarding) FTE to respond to the estimated additional

registrations and requests for background screening received through the school districts and the courts. DHSS estimates that one HPR I/II FTE can process 12,000 registrations and related requests annually, and one Office Support Assistant will be required to handle the copying and

mailing of results to the school districts, courts, and registrants.



Additional staff will be required if the total number of additional registrations required by the bill exceed 12,000 annually.



DIVISION OF COMMUNITY HEALTH

DOH states there are presently 488 participants in Hope Service who are not covered by Medicaid. Historically, 1% of those were rejected for Medicaid due to insurance coverage in the previous 6 months. SHCN estimates that 5 participants were rejected for Medicaid coverage due to having insurance coverage within the previous 6 months. A slight savings in General Revenue could occur.



Oversight used estimates of fiscal impact provided by DOH for another proposal.



Section 43.530



In response to a similar proposal from this year, officials from the Department of Elementary and Secondary Education (DES) stated it would increase fees for receiving background checks and fingerprint search requests. Payments for background checks will increase from $5 to $10; and payments for fingerprint searches will increase from $14 to $20.



DES stated that during FY 2003, they requested background checks and fingerprint searches as follows:



FY 2003 Fee increase FY 2005 FY 2006

Background 54,977 x $5 = $274,885

Fingerprint 12,910 x $6 = $ 77,460

TOTAL 67,887 $ 352,345 $387,580 $426,337



School districts would see an additional cost directly related to the number of requests made. In FY 2003, the additional costs would have been $352,345 to school districts. The number of requests increased by 9.2% and 10.7% during FY 2002 and FY 2003 respectively, therefore,

DES' calculation for subsequent years is inflated by 10%.



ASSUMPTION (continued)



In response to a similar proposal from this year, officials from the Department of Social

Services - Division of Youth Services (DYS) stated they request substitute teacher certification for youth specialists who fill in during teacher absences. Criminal history record information is sought for each applicant. Approximately 100 new requests are made each year. Thus, it is estimated that passage of this will result in DYS being assessed an additional $500 per year for background checks. DYS states they are currently able to utilize Title IV funds (Safe and Drug

Free Schools) to pay those fees. DYS assumed the fiscal impact is "immaterial".



In response to a similar proposal from this year, officials from the Department of Social Services - Children's Division (CD) stated this would change the fee for name based criminal record checks from $5 to $10. Currently, the CD obtains name based criminal history checks on Foster Parents through the Family Safety Registry. Currently, the fee is waved for Foster Parents to sign up for the registry. Therefore, there is no fiscal impact to CD for raising the fee from $5 to $10.



In addition, this legislation raises the cost of a fingerprint criminal record check through the Highway Patrol from $14 to $20. The CD stated they are requesting funding in the FY 2005 budget to perform fingerprint criminal record searches. This would raise the amount of funding needed to perform the fingerprint criminal record check. The CD stated the current budget request is based on a cost of $14 for a Highway Patrol fingerprint criminal history check and $24 for an FBI fingerprinting criminal history check. Therefore, the CD current budget request would be insufficient to meet the costs of a fingerprinting if the legislation is passed. There would be an additional $6 per check needed on the following providers:



New Renewals Total

Relative Homes 1,000 1,327 2,327

Adoptive Homes 1,145 2,658 3,803

Foster Homes 979 2,471 3,450

Court Ordered Placements 4,222 4,222

Supervision Only Placements 653 653

TOTAL 14,455



Therefore, CD assumed 14,455 x 2 persons per households x an additional $6 = $173,460 in costs resulting from the proposal. The CD assumed the cost breakout would be $82,394 of General Revenue Funds and $91,067 of Federal Funds.



Oversight assumes the proposal may or may not have an impact on the current budget request ASSUMPTION (continued)



for CD, and has not reflected the potential increase in the fiscal note.



In response to a similar proposal from this year, officials from the Department of Public Safety - Missouri Highway Patrol (MHP) stated that according to their Criminal Records and Identification Division, the amendment would increase the revenue received for name checks and fingerprint checks.



The Criminal Records and Identification Division (CRID) currently charges $5.00 for a name check and $14.00 for a fingerprint check. The proposed amendment allows the division to charge not more than $10.00 for a name check and not more than $20.00 for a fingerprint check. The Patrol assumes that it would not raise the fee the full amount allowed in the first year so a range will be used for the purpose of this fiscal note.



Currently, the Criminal Records Identification Division processes 501,060 name searches, which generates $2,505,300 (501,060 x $5) in revenue. The MHP assumes the additional revenue that could be generated with this amendment from the name searches, could be up to an additional

$2,505,300. Below are some of the incremental increases possible.



$6 per check ($1 increase) = $501,060 in additional revenue

$7 per check ($2 increase) = $1,002,120 in additional revenue

$8 per check ($3 increase) = $1,503,180 in additional revenue

$9 per check ($4 increase) = $2,004,240 in additional revenue

$10 per check ($5 increase) = $2,505,300 in additional revenue



Also currently, the Criminal Records Identification Division processes 9,336 fingerprint searches, which generates $130,704 (9,336 x $14) in revenue. The MHP assumes the additional revenue that could be generated with this proposal from the fingerprint searches, could be up to an additional $56,016. Below are some of the incremental increases possible.



$15 per check ($1 increase) = $9,336 in additional revenue

$16 per check ($2 increase) = $18,672 in additional revenue

$17 per check ($3 increase) = $28,008 in additional revenue

$18 per check ($4 increase) = $37,344 in additional revenue

$19 per check ($5 increase) = $46,680 in additional revenue

$20 per check ($6 increase) = $56,016 in additional revenue



The overall combined increases for the Criminal Records and Identification Fund, based on the

increased fee for name checks and the increased fee for fingerprints checks would be from ASSUMPTION (continued)



$510,406 ($1 dollar increase on both searches) to $2,561,316 (increase fees to the maximums allowed by proposal).



The MHP assumed that some amount of increase would be made each year. MHP also assumes that the increase would only be about $1.00 each time. A decision would have to be made to determine how much the fee would increase once the legislation passed, and how often it would increase after that. It is possible that the name check and fingerprint check fees would increase at different rates. At this time, there is no way to determine that.



The MHP also stated they do not charge state agencies for background checks, so this proposal would not result in additional cost to other state agencies.



In response to a similar proposal from this year, officials from the Jefferson City Police Department and the Springfield Police Department each assumed the proposal would not have a fiscal impact on their respective agencies.



The amendment states the MHP can charge not more than $10 for a name check and not more than $20 for a fingerprint check. Based on this and MHP's response, Oversight will range the fiscal impact of the proposal from $0 (MHP is allowed to by statute but chooses not to raise the fees) to an additional $2,516,316 in revenue to the Criminal Record System Fund.



Oversight assumes some of the potential increase in background and fingerprint searches will be paid by local political subdivision (including local school districts) and some of the potential increase will be paid by various other non-governmental entities. Therefore, Oversight will range the additional cost of the amendment to local political subdivisions from $0 to (Less than $2,516,316).

FISCAL IMPACT - State Government FY 2005 FY 2006 FY 2007
GENERAL REVENUE
Income - Department of Social Services - Division of Medical Services
Increased estate recoveries Unknown, greater than $100,000 Unknown, greater than $100,000 Unknown, greater than $100,000
Savings - Department of Health and Senior Services
Program savings $1,715 $1,715 $1,715
Costs - Office of Attorney General
Additional litigation costs (Less than $100,000) (Less than $100,000) (Less than $100,000)
Costs - Department of Social Services - Children's Division
Personal Service (88 FTE in FY 05, 176 FTE in FY 06 and 264 FTE in FY 07)



($1,299,010)




($3,195,565)




($4,913,181)
Fringe Benefits ($537,790) ($1,322,964) ($2,034,058)
Expense and Equipment ($877,607) ($1,357,847) ($1,319,624)
Evaluation contract ($20,550) ($21,167) ($21,801)
Child Placement - Sections 210.117 & 211.038 (Unknown, greater than $100,000) (Unknown, greater than $100,000) (Unknown, greater than $100,000)
Training for preponderance of evidence ($480,716) ($126,896) ($133,078)
Fingerprinting (1,958 per year)* ($35,342) ($35,342) ($35,342)
Total Costs - Department of Social Services - Children's Division

(Unknown, greater than $3,351,015)


(Unknown, greater than $6,159,781)


(Unknown, greater than $8,557,084)
*Subject to appropriations
Costs - Department of Social Services - Division of Medical Services
Program Costs-Section 208.647 ($34,048) ($46,190) ($49,760)
Program costs-lead testing Section 701.336 (Unknown greater than $100,000) (Unknown greater than $100,000) (Unknown greater than $100,000)
Total Costs - Department of Social Services - Division of Medical Services (More than $134,048) (More than $146,190) (More than $149,760)
Costs - Department of Public Safety - Missouri State Highway Patrol
State Data Center Costs ($1,358) ($1,679) ($1,729)
Costs - Department of Health and Senior Services
Personal Service (3 FTE) ($66,635) ($81,961) ($84,010)
Fringe Benefits ($27,587) ($33,932) ($34,780)
Expense and Equipment ($140,264) ($62,707) ($39,261)
Transfer to CLTF 40% share of test costs

($162,274)


($285,517)


($377,950)
Total Costs - Department of Health and Senior Services

($396,760)


($464,117)


($536,001)


Loss - increase in adoption tax credits*
(More than $1,500,000 ) (More than $100,000) (More than $100,000)
ESTIMATED NET EFFECT ON GENERAL REVENUE** (More than $5,381,466) (More than $6,870,052) (More than $9,342,859)
* The fiscal impact could be divided between the General Revenue Fund and the County Foreign Insurance Fund (which ultimately goes to local school districts) if some of the tax credits are utilized against insurance premium taxes.
**Not including income of unknown, greater than $100,000 and cost of unknown less than $100,000
HIGHWAY FUND
Costs - Department of Revenue
Programming costs ($3,966) $0 $0
ESTIMATED NET EFFECT TO HIGHWAY FUND

($3,966)


$0


$0
CRIMINAL RECORDS SYSTEM FUND
Revenue - Department of Public Safety -Missouri State Highway Patrol
Fingerprint fees (6,520 x $38) $247,760 $247,760 $247,760
Increase fees for background checks-Amendment 3 $0 to $2,516,316 $0 to $2,516,316 $0 to $2,516,316
Total Revenue - Department of Public Safety - Missouri State Highway Patrol $247,760 to $2,764,076 $247,760 to $2,764,076 $247,760 to $2,764,076
Costs - Department of Public Safety - Missouri State Highway Patrol
Pass through to FBI (6,520 x $24) ($156,480) ($156,480) ($156,480)
Personal Services (1 FTE) ($18,614) ($22,895) ($23,468)
Fringe benefits ($7,706) ($9,479) ($9,716)
Total Costs - Department of Public Safety - Missouri State Highway Patrol

($182,800)


($188,854)


($189,664)
ESTIMATED NET EFFECT ON CRIMINAL RECORDS SYSTEM FUND

$64,960 to $2,581,276


$58,906 to $2,575,222


$58,096 to $2,574,412
CHILDHOOD LEAD TEST FUND
Revenues- Department of Health and Senior Services
Sample fees $194,730 $342,621 $453,539
Transfer in - from General Revenue $162,274 $285,517 $377,950
Costs - Department of Health and Senior Services
Personal Service (5, 6, and 7 FTE) ($105,606) ($166,923) ($204,889)
Fringe Benefits ($43,721) ($69,106) ($84,824)
Expense and Equipment ($184,834) ($355,029) ($496,696)
Indirect costs ($52,842) ($84,460) ($104,117)
Total Costs - Department of Health and Senior Services

($387,003)


($675,518)


($890,526)
ESTIMATED NET EFFECT ON CHILDHOOD LEAD TEST FUND

($29,999)


($47,380)


($59,037)
FEDERAL
Income - Department of Social Services
Program reimbursements More than $1,694,521 More than $3,368,860 More than $4,817,783
Costs - Department of Social Services - Children's Division
Personal Service (88 FTE in FY 05, 176 FTE in FY 06 and 264 FTE in FY 07)

($665,021)





($1,635,951)




($2,515,275)
Fringe Benefits ($275,319) ($677,284) ($1,041,324)
Expense and Equipment ($193,159) ($624,412) ($817,246)
Evaluation contract ($9,450) ($9,734) ($10,026)
Child Placement - Sections 210.117 & 211.038 (Unknown, greater than $100,000) (Unknown, greater than $100,000) (Unknown, greater than $100,000)
Training for preponderance of evidence ($221,059) ($58,354) ($61,197)
Fingerprinting (1,958 per year)* ($39,062) ($39,062) ($39,062)
Total Costs - Department of Social Services - Children's Division (Unknown, greater than $1,503,070) (Unknown, greater than $3,144,797) (Unknown, greater than $4,584,130)
*Subject to appropriations
Costs - Department of Social Services - Division of Medical Services
Program Costs-Section 208.647 ($91,451) ($124,063) ($133,653)
Program costs-lead testing Section 701.336 (Unknown greater than $100,000) (Unknown greater than $100,000) (Unknown greater than $100,000)
Total Costs - Department of Social Services - Division of Medical Services (More than $191,451) (More than $224,063) (More than $233,653)
ESTIMATED NET EFFECT TO FEDERAL FUNDS

$0


$0


$0


FISCAL IMPACT - Local Government FY 2005 FY 2006 FY 2007
POLITICAL SUBDIVISIONS
Costs - Local School Districts
Reimbursement to employees for criminal history checks $0 to ($1,040,516) $0 to ($1,040,516) $0 to ($1,040,516)
Costs - Local School Districts and other political Subdivision
Increased fees for background checks Amendment 3 $0 to (Less than $2,516,316) $0 to (Less than $2,516,316) $0 to (Less than $2,516,316)
ESTIMATED NET EFFECT TO POLITICAL SUBDIVISIONS $0 to (Less than $3,556,832) $0 to (Less than $3,556,832) $0 to (Less than $3,556,832)

FISCAL IMPACT - Small Business



Small businesses providing certain child care services would be affected as a result of this proposal.



DESCRIPTION



This proposal makes changes to the laws regarding protective services for children and foster care.



CHILD ABUSE AND NEGLECT REPORTS



(1) Changes the standard for including an individual on the child abuse and neglect central registry from probable cause to believe the individual committed child abuse or neglect to a

finding by the Children's Division within the Department of Social Services that there is a preponderance of evidence that the individual committed child abuse or neglect;



(2) Prohibits mandated reporters from making reports of child abuse or neglect anonymously. All other reporters may remain anonymous;



(3) Requires the division to use a structured decision-making model to classify all reports made to the child abuse and neglect hotline, giving priority to ensuring the well-being and safety of



the child;



(4) Requires the names of individuals placed on the central registry before August 28, 2003, to remain on the registry for the duration of the time required in Section 210.152, RSMo;



(5) Prohibits the division from meeting with a child at any school or child care facility where abuse of the child is alleged to have occurred;





DESCRIPTION (continued)



(6) Reduces from 10 to five years the amount of time the division must keep an unsubstantiated report of child abuse made by a mandated reporter;



(7) Requires biological parents, foster parents, guardians ad litem, and court-appointed special advocates to be notified of all family assessment team meetings;



(8) Specifies that disclosure of information about reports of abuse and neglect is to be made after the alleged perpetrator has received sufficient due process; and



(9) Allows alleged perpetrators who are aggrieved by the determination of the Child Abuse and



Neglect Review Board to seek administrative review with the Administrative Hearing Commission.



COURT PROCEEDINGS



(1) Requires the guardian ad litem and court-appointed special advocate volunteer to be informed of and have the right to attend all meetings involving the child upon appointment by the court. The guardian ad litem is required to advocate for timely court hearings to achieve permanency for the child as soon as possible;



(2) Requires that the questioning of a child who is in custody because of a delinquency or a criminal violation cease if the child wishes to have a parent, guardian, or attorney present during the questioning. All video or audio recordings of meetings, interviews, or interrogations conducted in relation to a child in the state's custody are presumed admissible as evidence in proceedings involving the child. The recordings are inadmissible only upon a showing by clear and convincing evidence that the recording lacks sufficient indicia of reliability;



(3) Requires the court to grant a change of judge upon the motion of a child or the child's parent;



(4) Requires a status conference to be held within three days of a child being taken into custody. If requested at the status hearing, a protective custody hearing must be held within 14 days of the request. An adjudication must be held no later than 60 days after the child has been taken into custody; and if at that time the court determines there is sufficient cause for the child to remain in the state's custody, the court will conduct a dispositional review no later than 90 days after the child has been taken into custody. The court must then conduct review hearings every 90 to 120 days during the first year and at least every six months after the first year; and





DESCRIPTION (continued)



(5) Requires that on or before July 1, 2005, all juvenile court proceedings for children who are in need of care and treatment and termination of parental rights cases initiated by the juvenile office or the division will be open to the public. The proceedings can be closed in certain situations. The general public is excluded during the testimony of a child or a victim.



BACKGROUND CHECKS AND FINGERPRINTING

(1) Allows the division or the juvenile office to request a name-based criminal history check when an emergency placement of a child must be made and requires them to determine whether any person age 17 or over living in the household is listed on the child abuse and neglect central registry;



(2) Requires the division to conduct a search for full orders of protection for anyone seeking a foster parent license. The applicant and any adult in the applicant's household must also submit two sets of fingerprints for a criminal background check;



(3) Requires persons employed by a school after January 1, 2005, who are authorized to have contact with children to have a criminal background check completed before having any unsupervised contact with a child;



(4) Requires the Department of Social Services to determine whether an applicant for a license to operate a school bus is listed on the central registry. The applicant is required to submit fingerprints to search state and federal criminal history repositories and to pay the fees for the searches;



(5) Requires the court that certifies a juvenile offender as an adult to order the law enforcement agency to fingerprint the individual immediately;



(6) Requires qualified entities to obtain two sets of fingerprints from the individual if a national criminal record review is requested; and



(7) Increases the fees the State Highway Patrol can charge for name-based criminal history background checks from $5 to $10 and for checks based on fingerprints from $14 to $20.



FOSTER CARE AND PLACEMENT OF CHILDREN



(1) Requires the division to provide standards and training for prospective foster parents, as well as performance-based criteria for licensed foster parents;



DESCRIPTION (continued)



(2) Requires the division to notify parents when their child is placed in foster care, except when harm or danger to the child is imminent;



(3) Prohibits the removal of children from school for placement in foster care without a court order;



(4) Requires the division to hold a team meeting immediately after the 72-hour status conference and additional meetings prior to taking any action relating to the placement of a child in its

custody;



(5) Requires the division to place a child with relatives if the court has determined that the

placement is not contrary to the best interests of the child. The court must make specific findings on the record detailing why placement with a relative is not in the best interests of the child;



(6) Specifies that the age of a relative may not be the only consideration in determining whether to place the child with that relative. The substitute also requires the division to comply with the Federal Indian Child Welfare Act in placing Native American children;



(7) Allows parents to temporarily place a child with another person, while retaining the right to supervise the care of the child and resume custody, and allows a parent to use a power of

attorney to delegate his or her powers regarding care or custody of a minor child to another person for a period of up to one year;



(8) Requires that all information provided at a meeting or hearing relating to the removal of a child from the child's home be confidential, except that a party or parent may waive confidentiality for himself or herself, and that no one may be required to sign a confidentiality agreement prior to testifying or providing information at the meeting; and

(9) Requires the Department of Social Services to seek Title IV-E waivers from the Department of Health and Senior Services and requires the Department of Social Services to take the



necessary steps to qualify the state for any federal block grant money available for foster care and adoption assistance.



PRIVATIZATION OF SERVICES FOR CHILDREN









DESCRIPTION (continued)



(1) Requires the division to implement privatization of child welfare services statewide beginning on or before July 1, 2005. All direct services for children that are currently provided by the division, except hotline, initial investigation, and family assessment services, will be provided by public and private children's service providers that have contracted through a competitive bid process;



(2) Requires providers to have a proven record of providing child welfare services in the state or the ability to provide a range of services. Providers and agencies that currently contract with the state may also participate in the competitive bid process. All contracts entered into by the division must be in accordance with federal law and must not result in a loss of federal funding; and



(3) Requires the division, in collaboration with the courts, to submit a report to the General Assembly beginning July 15, 2006, and continuing each year that the privatization project is in

operation. The substitute specifies the information that must be included in the report.



REPORTS



The substitute:



(1) Requires the Task Force on Children's Justice established by the Children's Service Commission in accordance with federal law to conduct an independent review of the policies and procedures of state and local child protective services agencies and to conduct reviews of specific cases, when appropriate, to evaluate how effectively agencies are discharging their responsibilities;



(2) Requires the Department of Social Services to submit, beginning February 1, 2006, an annual statistical report regarding the number of children receiving child protective services to the Governor and the General Assembly; and



(3) Requires the division to identify all children in its custody who are receiving foster care services by January 1, 2005, and report to the General Assembly the type of foster care being provided and the status of all children.



MISCELLANEOUS PROVISIONS



(1) Establishes the Office of Child Advocate for Children's Protection and Services within the Office of Administration;



DESCRIPTION (continued)



(2) Designates specified provisions as the "Dominic James Memorial Foster Care Act of 2004";



(3) Requires the Family Support Division and the Children's Division to jointly operate and maintain an office in each county;



(4) Requires employees of the Children's Division who are involved with child protective services and who purposely, knowingly, and willingly violate a policy, rule, or state law that is related to the child abuse and neglect activities of the division to be dismissed if the violation results in serious physical injury or death;



(5) Allows children with special health care needs that if not treated would result in death or serious physical injury to participate in the MC+ for Kids Program without meeting the six-month uninsured requirement;



(6) Requires the division to conduct a diligent search for the natural parents of a child who is in the custody of the division when the parents' identity or location is unknown;



(7) Requires an action to recover damages for injury or illness that resulted from child sexual abuse to be commenced within 10 years of the date the plaintiff reached the age of 21 or within

three years of the date the plaintiff discovers or reasonably should have discovered that the illness or injury resulted from child sexual abuse, whichever is later;



(8) Revises the Special Needs Child Adoption Tax Credit. For individuals, the amount of the credit that is in excess of the individual's tax liability is refundable for the year in which the credit is claimed. The credit is not refundable for businesses claiming the credit on behalf of an employee, and there is a $2 million annual cumulative cap on credits claimed by businesses;



(9) Requires all hospitals and health care facilities providing obstetrical services to require new mothers to watch a video on shaken baby syndrome before being discharged from the facility;



(10) Requires the Department of Health and Senior Services and the Department of Social Services to collaborate with non-profit organizations, health maintenance organizations, and the Missouri Consolidated Health Care Plan to formulate an educational strategy to increase the

number of children who are tested for lead poisoning under the Medicaid Program, with a goal of having 75% of the children who receive Medicaid being tested; and



(11) Revises provisions regarding the Missouri Family Trust.





DESCRIPTION (continued)



(12) Provides for a voluntary placement agreement between the Department of Social Services, and a parent, legal guardian or custodian of a child seventeen years of age or younger solely in need of mental health treatment. The Department of Social Services and the Department of Mental Health shall enter into a cooperative agreement to administer the placement and care of a child under a voluntary placement agreement.

The proposal contains an emergency clause.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

























































SOURCES OF INFORMATION



Missouri House of Representatives

State Public Defender

Department of Insurance

Secretary of State

Department of Elementary and Secondary Education

Office of State Courts Administrator

Office of Administration -

Administrative Hearing Commission

Division of Budget and Planning

Office of Child Advocate

Department of Mental Health

Department of Corrections

Attorney General Office

Department of Social Services

Division of Medical Services

Children's Division

Office of Early Childhood

Division of Legal Services

Department of Public Safety -

Missouri Highway Patrol

Department of Health and Senior Services

Department of Revenue

Office of Prosecution Services







Mickey Wilson, CPA

Director

May 4, 2004