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F I S C A L I M P A C T R E P O R T

SPONSOR Rawson

DATE TYPED 2/4/05

HB

SHORT TITLE One Percent for Children Initiative

SB 373

ANALYST McSherry

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

$1,031.2

NFI Indeterminate Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

This bill relates to HB 34 and SB180 “Programs Affecting New Mexico Children;” sub-

appropriation amounts are the only differences; the total amount in each is equivalent.

The executive budget recommendation includes a special appropriation for $200 thousand of this

initiative.

Senate Bill 373 relates to the General Appropriation Act as there is some funding for each of

these programs in each of the proposed budget recommendations; the LFC recommendation in-

cludes $225 thousand more than the executive recommendation for the Court Appointed Attor-

ney Fund.

SOURCES OF INFORMATION

LFC Files

Administrative Office of the Courts (AOC)

Children Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

Senate Bill 373 appropriate $1,031.2 thousand from the general fund to the Administrative Of-

fice of the Courts (AOC) for the purpose of increasing the state funding for the Court Appointed

Attorney Fund (CAAF), mediation services in abuse and neglect cases, the Court Appointed

Special Advocate (CASA) program and access and visitation programs. Any unexpended or un-

encumbered balance remaining at the end of fiscal year 2006 would revert to the general fund.

The distribution of the $1,031.2 thousand appropriation would be as follows: $356.3 thousand

for CAAF to increase the number of compensated hours paid statewide to attorneys in abuse and

Senate Bill 373 - Page 2

neglect cases, $305.7 thousand to replace federal grant funds for mediation services in abuse and

neglect cases in the second, fifth, sixth, seventh, eleventh and thirteen judicial districts, to expand

mediation services to additional judicial districts and fund network services for training and qual-

ity assurance, $241.0 thousand to expand existing court appointed special advocate (CASA) pro-

grams in the fourth, fifth, sixth, seventh, eleventh, twelfth and thirteen judicial districts and add

new programs in the sixth and thirteenth judicial districts and $128.3 thousand to maintain exist-

ing access and visitation programs in the first, second, fifth, ninth, and thirteen judicial districts,

add new programs to additional judicial districts and fund network services for training and qual-

ity assurance

Significant Issues

According to the AOC, Senate Bill 373 should be appropriated differently than is outlined. Ac-

cording to the agency, $128.3 should be for the Court Appointed Special Advocates program

(CASA) and the amount of $241.0 thousand should be for access and visitation program rather

than visa-versa.

The Judiciary “One Percent For Children” initiative is stated to be for children and youth who

are victims of child abuse and neglect and would be used to “ensure the children’s well-being,

safety, and permanency.” AOC asserts that the numbers of children and young people involved

in abuse/neglect cases is increasing. According to the Children, Youth and Families Department,

the number of reports of abuse/neglect accepted for investigation have increased 10% in the last

year and that the number of children in care has increased 15%.

The Court Appointed Attorney Fund

The Court Appointed Attorney Fund was established to pay court appointed attorney fees as re-

quired by constitution, statute, and case law. AOC reports that the majority of the fund (ap-

proximately 88% statewide) is used to pay court-appointed Guardians ad Litem (GAL) for chil-

dren and Respondent Attorneys for parents in abuse and neglect proceedings under the Chil-

dren’s Code. AOC relates that studies have demonstrated that over one-quarter of the time spent

on these cases is uncompensated. With increasing caseloads, new requirements for conferences

and hearings, and attorney performance standards, the AOC states that judicial districts cannot

recruit and retain qualified counsel when a substantial portion of their work is essentially un-

compensated.

AOC states that, with the increasing cases and amount of time that attorneys are spending on

abuse and neglect cases, the additional funds for the Court Appointed Attorney Fee Fund are

critical. Without additional funding, the AOC asserts that the department will have to seek a

supplemental appropriation to cover the costs of paying for court appointed attorneys as required

by the constitution, statute, and case law.

Mediation

Children’s court mediation began in March 2000 when AOC began a pilot project with the Chil-

dren, Youth and Families Department to use mediation in abuse and neglect cases. Abuse and

neglect cases are mediated at the investigation, pre-legal, and legal stages as well as in cases

where families are involved with both protective services and juvenile justice. A trained mediator

meets with the parents, their attorneys, the Guardian ad Litem, the CYFD attorney, the social

worker and other interested parties to assist them in achieving agreements regarding placement,

Senate Bill 373 - Page 3

visitation, treatment and permanency.

The AOC reports that mediation in abuse and neglect cases is available in the following judicial

districts: Second (Bernalillo County); Fifth (Lea and Chaves Counties); Sixth (Grant, Luna and

Hidalgo Counties); Seventh (Socorro, N. Catron, Sierra, and Torrance Counties); Eleventh (San

Juan County); and Thirteenth (Sandoval, Valencia, and Cibola Counties) and that since March of

2000, over one thousand cases have been mediated. According to the AOC, funding proposed

for the mediation program will be used to replace federal funds from CYFD historically used for

the described services in the amount of $187.7 thousand, for expansion to additional judicial dis-

tricts in the amount of $71.0 thousand, and funding for network services including training and

quality assurance in the amount of $47.0 thousand. The AOC relates, that in FY05, funding for

this program from the Children, Youth and Families Department was cut from $141.7 thousand

to $80.0 thousand and that there is no certainty that the AOC will get any federal funds from

CYFD for FY06.

Court Appointed Special Advocates

The Court Appointed Special Advocate (CASA) Program provides trained volunteer advocates

for children who have been placed in foster care because of parental abuse and neglect. CASAs

are appointed by a judge and assist the court in determining the best interests of the child by in-

vestigating the case and submitting a report to the court. CASA programs are managed by the

New Mexico CASA Statewide Network which provides training and technical assistance, quality

assurance and quality improvement activities, and monitoring, auditing and oversight. Should the

amounts proposed in SB 373 be changed to reflect the intent of the bill, the proposed funding

would support new CASA programs in the amount of $29.8 thousand and would expand existing

CASA programs to serve more children in the amount of $98.4 thousand. Currently the amounts

in the proposed appropriation do not correspond with the planned agency actions. According to

the AOC, not enacting this legislation would mean that eight of fifteen existing programs will not

receive enough funding to manage the growth in new cases and new volunteers, and children in

two communities (Grants and Deming) who would greatly benefit from CASA volunteers would

not have fully established programs.

The Access and Visitation Program

The access and visitation program provides parents a safe place for parent/child visitations or

exchanges of children between parents in cases of abuse/neglect, separation, divorce, substance

abuse, mental illness or family violence. According to the AOC, the programs serve local courts

who routinely write the local access and visitation program services into their court orders, stipu-

lating the level of supervision required.

Access and Visitation Programs are presently located in the following judicial districts: First

(Rio Arriba and Santa Fe Counties); Second (Bernalillo County); Third (Dona Ana County);

Fifth (Chaves and Eddie Counties); Sixth (Grant and Luna Counties); Ninth (Curry and Roose-

velt Counties); and Thirteenth (Sandoval County). Should the proposed funding be amended to

reflect the agency’s proposal, the funds would be invested in the maintenance of existing pro-

grams in the amount of $123.0 thousand, new programs in the amount of $78.0 thousand and

funding for network services including training and quality assurance in the amount of $40.0

thousand. The AOC asserts that the number of referrals for supervised visitation grows each year

and that the funding is not secure. AOC gives the example of the “Neutral Corner” located in

Albuquerque, which receives state and city funds to provide services. AOC reports that the City

Senate Bill 373 - Page 4

has notified the Neutral Corner that as of June 30, 2005, the City will no longer provide any

funding for this program. AOC asserts that if additional state funds are not appropriated, the

Neutral Corner may cease to operate and no services will be available within the Second Judicial

District.

According to CYFD, the New Mexico Children’s Cabinet supports this initiative of the New

Mexico Judiciary.

PERFORMANCE IMPLICATIONS

CYFD reports that additional and expanded court services for the CYFD target population will

reduce the likelihood of repeat abuse and neglect.

Court Appointed Attorney Fund

AOC reported performance outcomes include: zealous representation of the child’s best interests,

cultural needs, and other considerations in staffing and hearings, zealous representation of the

parents expressed preferences, cultural needs, and other considerations in staffing and hearings

Mediation

AOC reported performance outcomes include: Helping to conserve Judicial and CYFD resources

Improving the families understanding of and satisfaction with the legal process I proving the

quality of and compliance with treatment plans, increasing options for placement, permanency

and service

Casas

AOC reported performance outcomes include: Quality volunteer advocacy, Assisting the courts

in assuring child safety

and well-being

, Assisting the courts in assuring safe and nurturing tempo-

rary and permanent placements

Visitation

AOC reported performance outcomes include: continuity of the non-custodial parent/child rela-

tionship, prevention of further violence, and improved child well-being

Special Court Services Program measures

AOC provides court advocates, legal counsel, and safe exchanges for children and families so

that the constitutional rights and safety of citizens, in particular children and families, are pro-

tected. The AOC has been providing data on the following performance measures for the Special

Court Services Program: number of required events attended by attorneys in abuse and neglect

cases, number of monthly supervised child visitations conducted and number of cases to which

court-appointed special advocate volunteers are assigned.

FISCAL IMPLICATIONS

The appropriation of $1,031.2 thousand contained in this bill is a recurring expense to the gen-

eral fund. Any unexpended or unencumbered balance remaining at the end of FY06 shall revert

Senate Bill 373 - Page 5

to the general fund

The AOC recommends that the appropriation contained in this bill be incorporated into the AOC

Special Court Services operating budget.

ADMINISTRATIVE IMPLICATIONS

AOC does not describe how funds for “training and quality assurance” will be used in each of

the described programs, however the function is likely to increase administrative responsibilities

for the party charged with the duty. It is unclear what funding is currently used for training and

quality assurance for the programs.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 34 and SB180 propose the same amount of total funding for the same programs; however

this bill has two sub-amounts of the total appropriation identified with different programs.

The executive recommendation for special appropriations includes $200 thousand for this initia-

tive.

TECHNICAL ISSUES

AOC suggests that the appropriation for the CASA program be amended to $128.2 thousand and

that the appropriation for the access and visitation program be amended to $241.0 thousand.

OTHER SUBSTANTIVE ISSUES

Quality assurance issues have been raised in CYFD concerning AOC-contracted access and visi-

tation programs. CYFD suggests that training would promote best-practice among the judicial

districts and programs funded.

CYFD currently funds mediation services through CYFD/Juvenile Community Corrections con-

tracts for those youth involved in this program. CYFD/Family Services currently funds two ac-

cess and visitation programs through federal funds at $100.0 thousand in FY05.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

AOC asserts that coving costs with the current funding for these programs has been difficult, and

that if additional state funds are not allocated, some programs (Supervised Visitation and the

Children’s Court Mediation) will cease. According to AOC, a supplemental appropriation may

be needed to cover the costs of paying for court appointed attorneys as required by the constitu-

tion, statute, and case law.

EM/yr:lg