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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

Children, Youth and Families Department

Attorney Generals Office

SDE did not respond to the FIR request.

SUMMARY

Synopsis of Bill

The bill appropriates $200.0 from the general fund to the office of attorney general to fund three full time positions and to pay for administrative costs incurred by the state truancy officer for expenditure in fiscal year 2000. Any unexpended or unencumbered balance remaining at the end of fiscal year 2000 reverts to the GF.

Significant Issues

The bill creates the " state truancy officer" in the office of the attorney general. The bill shifts the responsibility for enforcing the Compulsory School Attendance Law from local school boards and private schools to the new officer. The officers duties include:

• collecting monthly attendance records
• notifying parents of truancy
• conferencing with parents and students
• coordinating with juvenile probation officers pursuant to Children's Code

Violations of this law by the parents after the first conviction will result in a misdemeanor conviction.

FISCAL IMPLICATIONS

CYFD indicates that the legislation would impact on the juvenile probation office to draft probation agreements to compel school attendance. If a finding of neglect is made, it is unclear if the GAL must be appointed for the child and the attorney must be appointed by for the parents.

ADMINISTRATIVE IMPLICATIONS

According to AG the duties involved will require more than three full time positions.

CYFD notes that the bill will increase the number of referrals to the local JPPO offices.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Senate Bill 2

TECHNICAL ISSUES

There are two subsections "B" in Section 1 ( pages 1-2 )

Section 1C on page 2 uses a "may have been caused " standard, while D and E use a "knowingly allow " standard. The standard should be consistent throughout.

CYFD specifies that finding neglect will require appointment of counsel for parents and GAL for students. This is not compatible with FINS statute

Page 2, line 15 should have the word "juvenile" inserted before "probation service office.

There is a need to cross reference FINS statute to tie to procedural protections.

OTHER SUBSTANTIVE ISSUES

CYFD states that the three un-excused absences in the bill contradicts the Children's Code of 10 un-excused absences which can be considered educational neglect.

AG suggests that the officer may be better located in within SDE where there is experience in dealing with truancy matters.

CF:BD/njw