New Mexico 2021 Regular Session Status: To Executive

SB 242 — CITIZEN SUBSTITUTE CARE REVIEW

Last action — Vetoed

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This bill died with 2021 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

558 added · 842 removed

Plain-language change summary

The recent amendments to SB 242 update provisions for reviewing grievances against the Children, Youth, and Families Department related to substitute care. These changes include better defining terms, modifying confidentiality requirements for records, and altering reporting requirements. This matters because it aims to enhance transparency and accountability in how the department handles cases, ultimately improving the care and support provided to children in these situations.

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SENATE HEALTH AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 242 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 4 6 8 10 AN ACT RELATING TO CITIZEN SUBSTITUTE CARE REVIEW;
AN ACT RELATING TO CITIZEN SUBSTITUTE CARE REVIEW;
PROVIDING FOR RULES PERTAINING TO VOLUNTEER e t 17 MEMBERS;
PROVIDING FOR RULES PERTAINING TO VOLUNTEER MEMBERS;
PROVIDING ACCESS TO AND REQUIREMENTS FOR w l n d 18 CONFIDENTIALITY OF CERTAIN RECORDS AND INFORMATION;
PROVIDING ACCESS TO AND REQUIREMENTS FOR CONFIDENTIALITY OF CERTAIN RECORDS AND INFORMATION;
CHANGING = = 19 a l REPORTING REQUIREMENTS;
CHANGING REPORTING REQUIREMENTS;
AMENDING, REPEALING AND ENACTING i a e r 20 SECTIONS OF THE NMSA 1978.
AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
a t m m 21 d r e 22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
c e s k 23 SECTION 1.
SECTION 1.
Section 32A-4-33 NMSA 1978 (being Laws 1993, e a n b 24 Chapter 77, Section 127, as amended) is amended to read:
Section 32A-4-33 NMSA 1978 (being Laws 1993, Chapter 77, Section 127, as amended) is amended to read:
u [ "32A-4-33.
"32A-4-33.
CONFIDENTIALITY--RECORDS--PENALTY.-- .219933.2 SHPAC/SB 242 A.
CONFIDENTIALITY--RECORDS--PENALTY.-- A.
All records or information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding shall be confidential and closed to the public.
All records or information concerning a party to a neglect or abuse proceeding, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child's statement of abuse or medical reports incident to or obtained as a result of a neglect or abuse proceeding or that were produced or obtained during an investigation in anticipation of or incident to a neglect or abuse proceeding shall be SHPAC/SB 242 confidential and closed to the public.
B.
Page 1 B.
(2) court-appointed special advocates e t 17 appointed to the neglect or abuse proceeding;
(2) court-appointed special advocates appointed to the neglect or abuse proceeding;
w l n d 18 (3) the child's guardian ad litem;
(3) the child's guardian ad litem;
= = 19 (4) the attorney representing the child in an a l i a e r 20 abuse or neglect action, a delinquency action or any other a t m m 21 action under the Children's Code;
(4) the attorney representing the child in an abuse or neglect action, a delinquency action or any other action under the Children's Code;
d r e 22 (5) department personnel and persons or c e s k 23 entities authorized by contract with the department to review, e a n b 24 inspect or otherwise have access to records or information in u [ the department's possession;
(5) department personnel and persons or entities authorized by contract with the department to review, inspect or otherwise have access to records or information in the department's possession;
.219933.2 - 2 - SHPAC/SB 242 (6) [any local substitute care review board or any agency contracted to implement local substitute care review boards] a member of the substitute care advisory council, a member of its staff or a member of a board pursuant to the requirements of the Citizen Substitute Care Review Act, if the records are requested for the purpose of carrying out the provisions of the Citizen Substitute Care Review Act;
(6) a member of the substitute care advisory council, a member of its staff or a member of a board pursuant to the requirements of the Citizen Substitute Care Review Act, if the records are requested for the purpose of carrying out the provisions of the Citizen Substitute Care Review Act;
(8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
SHPAC/SB 242 Page 2 (8) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978;
(10) those persons or entities of an Indian e t 17 tribe specifically authorized to inspect the records pursuant w l n d 18 to the federal Indian Child Welfare Act of 1978 or any = = 19 regulations promulgated thereunder;
(10) those persons or entities of an Indian tribe specifically authorized to inspect the records pursuant to the federal Indian Child Welfare Act of 1978 or any regulations promulgated thereunder;
a l i a e r 20 (11) a foster parent, if the records are those a t m m 21 of a child currently placed with that foster parent or of a d r e 22 child being considered for placement with that foster parent c e s k 23 and the records concern the social, medical, psychological or e a n b 24 educational needs of the child;
(11) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the social, medical, psychological or educational needs of the child;
u [ (12) school personnel involved with the child .219933.2 - 3 - SHPAC/SB 242 if the records concern the child's social or educational needs;
(12) school personnel involved with the child if the records concern the child's social or educational needs;
(14) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members;
(14) health care or mental health SHPAC/SB 242 Page 3 professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members;
(16) children's safehouse organizations e t 17 conducting investigatory interviews of children on behalf of a w l n d 18 law enforcement agency or the department;
(16) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department;
= = 19 (17) representatives of the federal government a l i a e r 20 or their contractors authorized by federal statute or a t m m 21 regulation to review, inspect, audit or otherwise have access d r e 22 to records and information pertaining to neglect or abuse c e s k 23 proceedings;
(17) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to records and information pertaining to neglect or abuse proceedings;
e a n b 24 (18) any person or entity attending a meeting u [ arranged by the department to discuss the safety, well-being .219933.2 - 4 - SHPAC/SB 242 and permanency of a child, when the parent or child, or parent or legal custodian on behalf of a child younger than fourteen years of age, has consented to the disclosure;
(18) any person or entity attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child, when the parent or child, or parent or legal custodian on behalf of a child younger than fourteen years of age, has consented to the disclosure;
A parent, guardian or legal custodian whose child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation;
A parent, guardian or legal custodian whose SHPAC/SB 242 Page 4 child has been the subject of an investigation of abuse or neglect where no petition has been filed shall have the right to inspect any medical report, psychological evaluation, law enforcement reports or other investigative or diagnostic evaluation;
The parent, guardian or legal custodian shall also have the right to the results of the investigation and the right to petition the court for full access to all e t 17 department records and information except those records and w l n d 18 information the department finds would be likely to endanger = = 19 the life or safety of any person providing information to the a l i a e r 20 department.
The parent, guardian or legal custodian shall also have the right to the results of the investigation and the right to petition the court for full access to all department records and information except those records and information the department finds would be likely to endanger the life or safety of any person providing information to the department.
a t m m 21 D.
D.
Whoever intentionally and unlawfully releases d r e 22 any information or records closed to the public pursuant to the c e s k 23 Abuse and Neglect Act or releases or makes other unlawful use e a n b 24 of records in violation of that act is guilty of a petty u [ misdemeanor and shall be sentenced pursuant to the provisions .219933.2 - 5 - SHPAC/SB 242 of Section 31-19-1 NMSA 1978.
Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Abuse and Neglect Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
"32A-8-2.
SHPAC/SB 242 Page 5 "32A-8-2.
PURPOSE OF ACT.--The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring [of children placed in the custody] of the department by examining the policies, procedures and practices of the department [and, where appropriate, specific cases] to evaluate [the extent to which the department is effectively] its effectiveness in discharging its child protection responsibilities and to meet federal requirements for citizen review panels under the federal Child e t 17 Abuse Prevention and Treatment Act." w l n d 18 SECTION 3.
PURPOSE OF ACT.--The purpose of the Citizen Substitute Care Review Act is to provide a permanent system for independent and objective monitoring of the department by examining the policies, procedures and practices of the department to evaluate its effectiveness in discharging its child protection responsibilities and to meet federal requirements for citizen review panels under the federal Child Abuse Prevention and Treatment Act." SECTION 3.
A new section of the Citizen Substitute Care = = 19 a l Review Act is enacted to read:
A new section of the Citizen Substitute Care Review Act is enacted to read:
i a e r 20 "[NEW MATERIAL] DEFINITIONS.--As used in the Citizen a t m m 21 Substitute Care Review Act:
"DEFINITIONS.--As used in the Citizen Substitute Care Review Act:
d r e 22 A.
A.
"board" means a substitute care review board of c e s k 23 volunteer members facilitated by council staff convened for the e a n b 24 purpose of reviews of designated cases or other related u [ activities deemed appropriate by the council;
"board" means a substitute care review board of volunteer members facilitated by council staff convened for the purpose of reviews of designated cases or other related activities deemed appropriate by the council;
.219933.2 - 6 - SHPAC/SB 242 B.
B.
(1) of any action or inaction that may or has adversely affected the health, safety, welfare or rights of an identified child or identified adult;
(1) of any action or inaction that may or SHPAC/SB 242 Page 6 has adversely affected the health, safety, welfare or rights of an identified child or identified adult;
e t 17 G.
G.
w l n d 18 (1) the subject of a referral of abuse and = = 19 neglect made to the department;
(1) the subject of a referral of abuse and neglect made to the department;
a l i a e r 20 (2) receiving services from the department;
(2) receiving services from the department;
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or a t m m 21 (3) in the custody of the department due to d r e 22 abuse and neglect proceedings;
or (3) in the custody of the department due to abuse and neglect proceedings;
c e s k 23 H.
H.
"public member" means an individual who has been e a n b 24 appointed by the governor;
"public member" means an individual who has been appointed by the governor;
u [ I.
I.
"substitute care" means custodial or residential .219933.2 - 7 - SHPAC/SB 242 care for an identified child that is ordered or otherwise sanctioned by the court and in which the child does not live with either of the child's birth parents.
"substitute care" means custodial or residential care for an identified child that is ordered or otherwise sanctioned by the court and in which the child does not live with either of the child's birth parents.
"Substitute care" includes foster care, kinship care or care within a group home, residential treatment center, juvenile justice facility, semi- independent living program or emergency shelter;
"Substitute care" includes foster care, kinship care or care within a group home, residential treatment center, juvenile justice facility, semi-independent living program or emergency shelter;
"volunteer member" means an individual who has met eligibility requirements to perform volunteer services for the council." SECTION 4.
"volunteer member" means an individual who has SHPAC/SB 242 Page 7 met eligibility requirements to perform volunteer services for the council." SECTION 4.
The "substitute care advisory council" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the regulation and e t 17 licensing department.
The "substitute care advisory council" is created and, in accordance with the provisions of Section 9-1-7 NMSA 1978, is administratively attached to the regulation and licensing department.
[The general purpose of the council is w l n d 18 to oversee substitute care review boards in their monitoring of = = 19 children placed in the custody of the children, youth and a l i a e r 20 families department to identify systemic policy issues a t m m 21 regarding substitute care.] The council shall exercise its d r e 22 functions independently and not under the control of the c e s k 23 department or the regulation and licensing department.
The council shall exercise its functions independently and not under the control of the department or the regulation and licensing department.
The e a n b 24 council shall be composed of [nine persons] ten voting members, u [ including:
The council shall be composed of ten voting members, including:
.219933.2 - 8 - SHPAC/SB 242 (1) the secretary of public education or the secretary's designee;
(1) the secretary of public education or the secretary's designee;
[(5) two public members, appointed by the governor, who:
(5) the secretary of early childhood education and care or the secretary's designee;
(a) are at least eighteen and no more than thirty years of age at the time of appointment;
(6) one children's court judge, appointed by SHPAC/SB 242 Page 8 the governor;
and (b) were previously placed in substitute care;
and (7) four public members, two of whom have expertise in the area of child welfare and two of whom have had experience in abuse and neglect proceedings, including former foster youth, biological parents, foster parents and adoptive parents.
(6) two public members, appointed by the governor, who have expertise in the area of child welfare;
B.
and] e t 17 (5) the secretary of early childhood education w l n d 18 and care or the secretary's designee;
The secretary of children, youth and families or the secretary's designee shall serve as a nonvoting member.
= = 19 [(7)] (6) one children's court judge, a l i a e r 20 appointed by the governor;
and a t m m 21 (7) four public members, two of whom have d r e 22 expertise in the area of child welfare and two of whom have had c e s k 23 experience in abuse and neglect proceedings, including former e a n b 24 foster youth, biological parents, foster parents and adoptive u [ parents.
.219933.2 - 9 - SHPAC/SB 242 B.
[The council may hire staff and contract for services to carry out the purposes of the Citizen Substitute Care Review Act.] The secretary of children, youth and families or the secretary's designee shall serve as a nonvoting member.
Except as provided pursuant to Paragraph [(7)] (6) of Subsection A and Subsection B of this section, a person or a relative of a person employed by the department or a district court shall not serve on the council.
Except as provided pursuant to Paragraph (6) of Subsection A and Subsection B of this section, a person or a relative of a person employed by the department or a district court shall not serve on the council.
[C.] D.
D.
provided that, if a e t 17 different provision of that act applies to a member, that w l n d 18 member shall be paid pursuant to that provision.
provided that, if a different provision of that act applies to a member, that member shall be paid pursuant to that provision.
A member of = = 19 the council shall receive no other compensation, perquisite or a l i a e r 20 allowance.
A member of the council shall receive no other compensation, perquisite SHPAC/SB 242 Page 9 or allowance.
a t m m 21 [D.] F.
F.
The council shall select a chairperson, a d r e 22 vice chairperson and other officers as it deems necessary.
The council shall select a chairperson, a vice chairperson and other officers as it deems necessary.
c e s k 23 [E.] G.
G.
The council shall meet no less than [twice e a n b 24 annually] quarterly and more frequently upon the call of the u [ chairperson.
The council shall meet no less than quarterly and more frequently upon the call of the chairperson.
.219933.2 - 10 - SHPAC/SB 242 H.
H.
[F.] I.
I.
The council shall adopt reasonable rules relating to the functions and procedures of [the substitute care review boards and] the council [in accordance with the duties of the boards as provided in the Citizen Substitute Care Review Act].
The council shall adopt reasonable rules relating to the functions and procedures of the council.
[(1) establish training requirements for substitute care review board members;
(1) procedures to ensure compliance with the Open Meetings Act;
(2) establish criteria for council designation of cases for substitute care review board review;
(3) establish procedures for substitute care review board review of designated cases;
(4) establish criteria for membership and e t 17 tenure on and operating procedures for substitute care review w l n d 18 boards;
= = 19 (5) specify the information needed for a l i a e r 20 designated cases to be monitored by substitute care review a t m m 21 boards;
and d r e 22 (6) specify case information to be tracked and c e s k 23 reported to the council.
e a n b 24 G.
When adopting rules establishing criteria for u [ designation of cases for substitute care review board review, .219933.2 - 11 - SHPAC/SB 242 the council shall weigh the importance of the following factors, including:
(1) sibling placements;
(2) the frequency and severity of neglect or abuse;
(3) the behavioral health status of household members;
(4) the placement of children in households where there are no relatives of the children;
(5) data related to demographics;
and (6) relevant trend data] (1) procedures to ensure compliance with the Open Meetings Act;
(3) requirements for public participation, e t 17 including participation on work groups and boards;
(3) requirements for public participation, including participation on work groups and boards;
w l n d 18 (4) criteria for establishment of the = = 19 council's designation of cases;
(4) criteria for establishment of the council's designation of cases;
a l i a e r 20 (5) procedures for the council's review of a t m m 21 designated cases;
(5) procedures for the council's review of designated cases;
d r e 22 (6) procedures for receipt and processing of c e s k 23 grievances;
(6) procedures for receipt and processing of grievances;
e a n b 24 (7) procedures to provide for public outreach u [ and public comment to assess the impact of current child .219933.2 - 12 - SHPAC/SB 242 protection procedures and practices on children and families in the community;
(7) procedures to provide for public SHPAC/SB 242 Page 10 outreach and public comment to assess the impact of current child protection procedures and practices on children and families in the community;
[H.] J.
J.
The council shall [review and coordinate the activities of the substitute care review boards and make a report with its recommendations to the department, the courts and the appropriate legislative interim committees] provide periodic reports on the work of the council, including an annual written report to the governor, the legislature, the department and the administrative office of the courts and other persons, organizations or agencies deemed appropriate.
The council shall provide periodic reports on the work of the council, including an annual written report to the governor, the legislature, the department and the administrative office of the courts and other persons, organizations or agencies deemed appropriate.
The annual report shall be distributed electronically on or before November 1 of each year [regarding statutes, rules, e t 17 policies and procedures relating to substitute care].
The annual report shall be distributed electronically on or before November 1 of each year.
This w l n d 18 report shall include [recommendations for any changes to = = 19 substitute care review boards.
This report shall include a summary of the activities of the council and recommendations to improve child protective services at the state and local levels.
a l i a e r 20 I.
Council members shall receive per diem and a t m m 21 mileage as provided for nonsalaried public officers in the Per d r e 22 Diem and Mileage Act;
provided that, if a different provision c e s k 23 of that act applies to a specific member, that member shall be e a n b 24 paid pursuant to that applicable provision.
Members shall u [ receive no other compensation, perquisite or allowance.
.219933.2 - 13 - SHPAC/SB 242 J.
The council shall appoint by October 1 of each year a six-member advisory committee from a list of substitute care review board members that the substitute care review boards shall nominate.
The advisory council shall meet with the council at least once per year to advise the council on matters relating to substitute care review.
Advisory committee members shall serve terms of one year and may be reappointed] a summary of the activities of the council and recommendations to improve child protective services at the state and local levels.
"[NEW MATERIAL] COUNCIL ADMINISTRATION--STAFFING.-- e t 17 A.
"COUNCIL ADMINISTRATION--STAFFING.-- A.
w l n d 18 (1) shall oversee, manage and direct = = 19 processing of cases and grievances filed or reviewed pursuant a l i a e r 20 to the Citizen Substitute Care Review Act, provide a t m m 21 administrative support to the council and conduct any other d r e 22 activities as deemed necessary by the council to support its c e s k 23 functions;
(1) shall oversee, manage and direct SHPAC/SB 242 Page 11 processing of cases and grievances filed or reviewed pursuant to the Citizen Substitute Care Review Act, provide administrative support to the council and conduct any other activities as deemed necessary by the council to support its functions;
e a n b 24 (2) shall act impartially in a nonpartisan u [ manner;
(2) shall act impartially in a nonpartisan manner;
.219933.2 - 14 - SHPAC/SB 242 (3) shall promote public awareness of the purpose and services of the council and the methods for submitting grievances or requests for case review;
(3) shall promote public awareness of the purpose and services of the council and the methods for submitting grievances or requests for case review;
(1) a master's degree in social work and e t 17 possession of a license issued pursuant to the Social Work w l n d 18 Practice Act;
(1) a master's degree in social work and possession of a license issued pursuant to the Social Work SHPAC/SB 242 Page 12 Practice Act;
or = = 19 (2) an active license to practice law issued a l i a e r 20 pursuant to rules promulgated by the supreme court;
or (2) an active license to practice law issued pursuant to rules promulgated by the supreme court;
and a t m m 21 (3) at least five years' experience in child d r e 22 welfare administration, with an emphasis on child abuse and c e s k 23 neglect prevention or abatement.
and (3) at least five years' experience in child welfare administration, with an emphasis on child abuse and neglect prevention or abatement.
e a n b 24 C.
C.
The director shall hire staff to carry out the u [ purposes of the Citizen Substitute Care Review Act, including .219933.2 - 15 - SHPAC/SB 242 review of cases and processing of grievances.
The director shall hire staff to carry out the purposes of the Citizen Substitute Care Review Act, including review of cases and processing of grievances.
Council staff shall be required to complete annual training directly relating to enhancing staff proficiency, meeting job requirements, conducting case reviews e t 17 and processing grievances required pursuant to the Citizen w l n d 18 Substitute Care Review Act." = = 19 SECTION 6.
Council staff shall be required to complete annual training directly relating to enhancing staff proficiency, meeting job requirements, conducting case SHPAC/SB 242 Page 13 reviews and processing grievances required pursuant to the Citizen Substitute Care Review Act." SECTION 6.
A new section of the Citizen Substitute Care a l i a e r 20 Review Act is enacted to read:
a t m m 21 "[NEW MATERIAL] ATTORNEY GENERAL REPRESENTATION AND d r e 22 CONSULTATION.--The attorney general shall advise and consult c e s k 23 with the council, acting pursuant to the Citizen Substitute e a n b 24 Care Review Act, and render legal services upon request of the u [ council." .219933.2 - 16 - SHPAC/SB 242 SECTION 7.
"[NEW MATERIAL] GRIEVANCES.-- A.
"ATTORNEY GENERAL REPRESENTATION AND CONSULTATION.--The attorney general shall advise and consult with the council, acting pursuant to the Citizen Substitute Care Review Act, and render legal services upon request of the council." SECTION 7.
A new section of the Citizen Substitute Care Review Act is enacted to read:
"GRIEVANCES.-- A.
(3) procedures for the referral of grievances that do not meet the criteria established by the council to an e t 17 appropriate entity;
(3) procedures for the referral of grievances that do not meet the criteria established by the council to an appropriate entity;
and w l n d 18 (4) investigation and assessment procedures = = 19 and time frames to respond to grievances.
and SHPAC/SB 242 Page 14 (4) investigation and assessment procedures and time frames to respond to grievances.
a l i a e r 20 C.
C.
Following the review of a grievance, council a t m m 21 staff shall submit a report to the department regarding the d r e 22 strengths, concerns and recommendations relating to the c e s k 23 grievance.
Following the review of a grievance, council staff shall submit a report to the department regarding the strengths, concerns and recommendations relating to the grievance.
e a n b 24 D.
D.
The secretary of children, youth and families or u [ the secretary's designee shall acknowledge receipt of the .219933.2 - 17 - SHPAC/SB 242 report within ten business days and indicate the department's position as to each recommendation.
The secretary of children, youth and families or the secretary's designee shall acknowledge receipt of the report within ten business days and indicate the department's position as to each recommendation.
"[NEW MATERIAL] VOLUNTEER MEMBER PARTICIPATION--RULES.-- A.
"VOLUNTEER MEMBER PARTICIPATION--RULES.-- A.
The council shall promulgate rules relating to e t 17 volunteer member participation, which shall include provisions w l n d 18 for:
The council shall promulgate rules relating to volunteer member participation, which shall include SHPAC/SB 242 Page 15 provisions for:
= = 19 (1) efforts to recruit and retain volunteer a l i a e r 20 members who are broadly representative of the communities in a t m m 21 which they serve and to include volunteer members with d r e 22 expertise in the prevention and treatment of child abuse and c e s k 23 neglect and adult former victims of child abuse or neglect;
(1) efforts to recruit and retain volunteer members who are broadly representative of the communities in which they serve and to include volunteer members with expertise in the prevention and treatment of child abuse and neglect and adult former victims of child abuse or neglect;
e a n b 24 (2) a membership process that includes u [ background checks and orientation training;
(2) a membership process that includes background checks and orientation training;
.219933.2 - 18 - SHPAC/SB 242 (3) ongoing training requirements;
(3) ongoing training requirements;
Members shall e t 17 receive no other compensation, perquisite or allowance." w l n d 18 SECTION 9.
Members shall receive no other compensation, perquisite or SHPAC/SB 242 Page 16 allowance." SECTION 9.
A new section of the Citizen Substitute Care = = 19 Review Act is enacted to read:
A new section of the Citizen Substitute Care Review Act is enacted to read:
a l i a e r 20 "[NEW MATERIAL] SUBSTITUTE CARE REVIEW BOARD a t m m 21 ESTABLISHMENT--CASE REVIEW.-- d r e 22 A.
"SUBSTITUTE CARE REVIEW BOARD ESTABLISHMENT--CASE REVIEW.-- A.
The council shall establish boards comprised c e s k 23 entirely of volunteer members to review cases designated in e a n b 24 accordance with council rules.
The council shall establish boards comprised entirely of volunteer members to review cases designated in accordance with council rules.
u [ B.
B.
When a case has been designated for review .219933.2 - 19 - SHPAC/SB 242 pursuant to council rules, the staff of the council shall convene a board to review the case.
When a case has been designated for review pursuant to council rules, the staff of the council shall convene a board to review the case.
e t 17 E.
SHPAC/SB 242 Page 17 E.
The department shall acknowledge receipt of the w l n d 18 report within ten business days and indicate the department's = = 19 position with each recommendation.
The department shall acknowledge receipt of the report within ten business days and indicate the department's position with each recommendation.
a l i a e r 20 F.
F.
Council staff and the department shall meet a t m m 21 quarterly, or as needed to develop mutually agreed-upon d r e 22 solutions." c e s k 23 SECTION 10.
Council staff and the department shall meet quarterly, or as needed to develop mutually agreed-upon solutions." SECTION 10.
A new section of the Citizen Substitute Care e a n b 24 Review Act is enacted to read:
A new section of the Citizen Substitute Care Review Act is enacted to read:
u [ "[NEW MATERIAL] ACCESS TO RECORDS.-- .219933.2 - 20 - SHPAC/SB 242 A.
"ACCESS TO RECORDS.-- A.
(3) a record of an administrative hearing conducted by the department and any findings or conclusions e t 17 resulting from such hearing;
SHPAC/SB 242 Page 18 (3) a record of an administrative hearing conducted by the department and any findings or conclusions resulting from such hearing;
and w l n d 18 (4) a record of a private meeting with a child = = 19 in protective custody or with an individual with knowledge of a l i a e r 20 the case or grievance.
and (4) a record of a private meeting with a child in protective custody or with an individual with knowledge of the case or grievance.
a t m m 21 B.
B.
The department shall establish procedures to d r e 22 provide the requested records in a timely manner.
The department shall establish procedures to provide the requested records in a timely manner.
c e s k 23 C.
C.
e a n b 24 (1) establish procedures to provide the u [ requested records in a timely manner and to ensure staff .219933.2 - 21 - SHPAC/SB 242 availability to provide input for case reviews and processing of grievances;
(1) establish procedures to provide the requested records in a timely manner and to ensure staff availability to provide input for case reviews and processing of grievances;
"[NEW MATERIAL] CONFIDENTIALITY OF INFORMATION.-- A.
SHPAC/SB 242 Page 19 "CONFIDENTIALITY OF INFORMATION.-- A.
Information obtained or generated by a member of the council, a staff member of the council or a member of a e t 17 board for the purpose of performing duties in compliance with w l n d 18 the Citizen Substitute Care Review Act is not subject to the = = 19 provisions of the Inspection of Public Records Act.
Information obtained or generated by a member of the council, a staff member of the council or a member of a board for the purpose of performing duties in compliance with the Citizen Substitute Care Review Act is not subject to the provisions of the Inspection of Public Records Act.
a l i a e r 20 B.
B.
The name, address or other personally a t m m 21 identifiable information of a person whose records are released d r e 22 to council staff or who files a grievance shall be c e s k 23 confidential.
The name, address or other personally identifiable information of a person whose records are released to council staff or who files a grievance shall be confidential.
e a n b 24 C.
C.
A member of the council, a staff member of the u [ council or a member of a board with knowledge of a case or .219933.2 - 22 - SHPAC/SB 242 grievance that was obtained pursuant to the Citizen Substitute Care Review Act shall maintain that information as confidential unless:
A member of the council, a staff member of the council or a member of a board with knowledge of a case or grievance that was obtained pursuant to the Citizen Substitute Care Review Act shall maintain that information as confidential unless:
or (3) disclosure is ordered by a court." SECTION 12.
or (3) disclosure is ordered by a court." SHPAC/SB 242 Page 20 SECTION 12.
- 23 - e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .219933.2
SHPAC/SB 242 Page 21 5 7 9 25
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Action History

  1. Vetoed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House State Government, Elections & Indian Affairs Committee

  5. passed Senate

  6. DO PASS committee report adopted

  7. DO NOT PASS, replaced with committee substitute

  8. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

  • Gay G. Kernan · Primary
  • Marian Matthews · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (2)

  • Kernan, Gay G.
  • Matthews, Marian

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 242?
SB 242 is sponsored by Kernan, Gay G. and Matthews, Marian.
What is the current status of SB 242?
This bill died with 2021 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 242?
Track SB 242 free on One Click Politics — get push/email alerts when it moves.

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