44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE LEGISLATIVE FINANCE COMMITTEE TO CONDUCT A FISCAL AND PERFORMANCE AUDIT OF CERTAIN CHILDREN, YOUTH AND FAMILIES DEPARTMENT PROGRAMS AND THE HUMAN SERVICES DEPARTMENT'S ROLE IN MONITORING EVALUATIONS, ASSESSMENTS AND OUTCOMES OF THE TREATMENT FOSTER CARE PROGRAM.

WHEREAS, children, especially those harmed by adults, purposefully or otherwise, are deserving of the very best and most immediate response that public agencies can provide; and

WHEREAS, the interim legislative health and human services committee has heard testimony indicating differences of opinion as to what constitutes an appropriate response to mandated reports of child abuse and neglect; and

WHEREAS, the longer children suffer without appropriate and effective treatment, the less their chances of being adopted or re-entering society with the tools necessary to create a successful and happy life; and

WHEREAS, foster parents, treatment foster care providers and adoptive parents have been working diligently to provide badly needed treatment services to children referred to their care; and

WHEREAS, decisions by medicaid managed care organizations, overseen by the human services department, have sometimes disrupted the placement and integrity of courses of treatment carefully established for these children and has left treatment foster care homes and programs with the unhappy choice of either dismissing the children before their courses of treatment are complete or providing free services; and

WHEREAS, the rates of reimbursement for these homes and programs, including subsidized foster and adoptive homes, are being reviewed by both the children, youth and families department and the human services department; and

WHEREAS, the children, youth and families department's new statewide centralized intake system and public response line have notably increased the number of abuse and neglect reports to the department;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the legislative finance committee direct its staff to conduct a fiscal and performance audit of the foster care programs of the children, youth and families department and of the human services department's participation and responsibilities in the treatment foster care program; and

BE IT FURTHER RESOLVED that the audit encompass any placements used as alternatives to foster care when children are removed from their homes by the children, youth and families department; and

BE IT FURTHER RESOLVED that the audit carefully examine procedures and criteria used in initial and subsequent screening and evaluation of all children and families who have been the subject of mandated reports of suspected abuse and neglect; and

BE IT FURTHER RESOLVED that the role of the children, youth and families department, in monitoring the appropriateness of the evaluation and assessment of such children conducted through managed care organizations, as well as the responsibility of that department and the human services department in monitoring the evaluation process and the referrals, treatment and outcomes of those children, be considered in the audit; and

BE IT FURTHER RESOLVED that the audit include detailed examination of all cases of children in all residential facilities and programs, including juvenile justice facilities, crisis shelters, foster and treatment foster care homes or facilities; and

BE IT FURTHER RESOLVED that the children, youth and families department, the human services department, the school of medicine at the university of New Mexico and other state agencies cooperate as requested with the legislative finance committee in conducting its audit of these matters; and

BE IT FURTHER RESOLVED that the legislative finance committee report its findings to the legislative health and human services committee in October 2000, together with any recommendations for legislation; and

BE IT FURTHER RESOLVED that copies of this memorial be sent to the legislative finance committee, the legislative health and human services committee, the children, youth and families department, the human services department and the school of medicine at the university of New Mexico.