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

SPONSOR Lovejoy

ORIGINAL DATE

LAST UPDATED

2/19/07

HB

SHORT TITLE Navajo Community Child Services Positions

SB 1104

ANALYST Lucero

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

$480.8

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates, Relates to, Conflicts with, Companion to

Relates to Appropriation in the General Appropriation Act

SOURCES OF INFORMATION

LFC Files

Responses Received From

Indian Affairs Department (IAD)

Children, Youth and Families Department (CYFD)

SUMMARY

Synopsis of Bill

Senate Bill 1104 appropriates $480,792 from the general fund to Children, Youth and Families

Department for expenditure in fiscal year 2008 to expand child abuse, child neglect and child

abandonment case management and social worker positions in Tohajiilee, Alamo and other

Navajo communities.

FISCAL IMPLICATIONS

The appropriation of $480,792 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert

to the general fund.

The appropriation is not part of Children Youth and Families Department's request and is not

included in the Executive recommendation of Children Youth and Families Department.

Senate Bill 1104 – Page

2

CYFD requested an increase in the number of permanency planning workers statewide, and the

request for additional positions has been included in the executive recommendation, the LFC

recommendation, and HAFC’s substitute for HB2. Distribution of any new positions received

will be based upon current caseloads and reducing caseworker - child ratios. San Juan County

currently has some of the highest caseloads in the state, although not the highest.

SIGNIFICANT ISSUES

SB 1104 addresses child neglect and child abandonment in the Navajo New Mexico

communities of To’hajiilee, Alamo and other Navajo Communities, two of the more remote

Navajo communities, by providing an appropriation for the New Mexico Child, Youth and

Families Department to hire additional Child abuse, neglect, and child abandonment case

management and social worker positions.

PERFORMANCE IMPLICATIONS

The bill could positively impact the CYFD strategic plan and General Accountability Act

indicators of: incidence of repeat maltreatment, placement stability, timely reunification and

timeliness of adoption.

ADMINISTRATIVE IMPLICATIONS

If passed, the bill will have an administrative impact on children, youth and families department

that the bill does not address.

Assuming an average annual salary of $54,120, benefits cost per worker, and 1.75% for supplies,

equipment, etc. the appropriation could support approximately eight caseworker positions.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

None identified at this time.

TECHNICAL ISSUES

CYFD does not have jurisdiction on the Navajo Reservation.

OTHER SUBSTANTIVE ISSUES

According to Census 2000 figures, 106,807 Navajo tribal members live in New Mexico, a large

majority on the Navajo tribal reservation. The bill mentions Alamo, To'hajiilee, and Ramah

which are three local Navajo entities. The Navajo Nation central government located in Window

Rock, Arizona, presents a problem for the Alamo and To’hajiilee Navajo’s because of the

distance which provides barrier to receiving adequate social services from New Mexico and

federal services.

1

According to the report, “Child Sexual Abuse on New Mexico Tribal Land 1999-2004," Tribal

members are victimized at higher rates than the general United States population.

1

Navajo Nation tribal demographics, Navajo Chapter Images 2006.

Senate Bill 1104 – Page

3

“The average violent crime rate among Native Americans is 124 per 1000 persons

12 or older-a rate 2 % times the national rate (Greenfield and Smith 1999:2).

According to the [United States Department of Justice] Office of Justice

Program's 1999 Fiscal Year Program Plan report,' rape and sexual assault,

aggravated assault, simple assault, and robbery rates translate into 1 violent crime

for every 8 Native Americans 12 or older, compared to 1 for every 20 residents 12

or older nationally. Additionally, these violent crimes are correlated with alcohol

abuse. Alcohol related offending also constitutes a significant problem for Native

Americans (Greenfield and Smith 1999).

Native American youth [,] while only one percent of the national youth

population [,] are arrested at double (or in some cases triple) the rate of other

youth (Bad Wound 2000). Gang activity has increased among Native American

youth; in 2000 it was estimated that there were at least 113 gangs on American

tribal lands (Bad Wound 2000). Gang problems are greater for larger tribes. In an

OJJDP study of gang violence in Indian Country conducted in 2000, researchers

found that 7% of tribes with populations of less than 2000 had gang problems,

while 69% of those with populations over 2000 had gang problems (Major et al.

2000:4)."

2

The study concluded that where victimization rates are high among Native Americans, women

and children often suffer the worst.

3

ALTERNATIVES

CYFD estimates that the appropriation in this bill will support 8 additional staff. The bill

sponsor may want to consider whether few positions are warranted and perhaps less of an

appropriation is needed.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

DL/mt

2

Paul D. Steele, Nell Damon, Kristine Denman, December 2005, (citing, Bad Wound, Barbara, August 2000,

“American Indian Youth Outnumber Others in Justice Systems," Indian Country News), (also citing, Greenfield, L.

A. and Smith, S. K. 1999, “ American Indians in Crimes," Washington, D.C.: US Department of Justice, Office of

Justice Programs, Bureau of Justice Statistics. Paper #NCJ 173386.)

3

Id.