HOUSE BILL REPORT

E2SHB 1965

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

May 2, 2011

Title: An act relating to public and private partnership in addressing adverse childhood experiences.

Brief Description: Concerning adverse childhood experiences.

Sponsors: House Committee on Ways & Means (originally sponsored by Representatives Kagi, Jinkins, Frockt and Kenney).

Brief History:

Committee Activity:

Early Learning & Human Services: 2/15/11, 2/17/11 [DPS];

Ways & Means: 3/14/11, 3/31/11 [DP2S(w/o sub ELHS)].

Floor Activity:

Passed House: 4/11/11, 63-33.

First Special SessionFloor Activity:

Passed House: 5/2/11, 57-38.

Brief Summary of Engrossed Second Substitute Bill

  • Eliminates the Family Policy Council effective June 30, 2012.

  • Eliminates the Council for Children and Families effective June 30, 2012.

  • Creates a nongovernmental public-private partnership to reduce adverse childhood experiences.

  • Authorizes the Department of Early Learning to disburse funds from the Children's Trust Fund effective July 1, 2012.

  • Authorizes the Superintendent of Public Instruction to award grants to improve readiness to learn.

HOUSE COMMITTEE ON EARLY LEARNING & HUMAN SERVICES

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Kagi, Chair; Roberts, Vice Chair; Walsh, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Dickerson, Goodman, Johnson and Orwall.

Minority Report: Do not pass. Signed by 1 member: Representative Overstreet.

Staff: Linda Merelle (786-7092).

HOUSE COMMITTEE ON WAYS & MEANS

Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Early Learning & Human Services. Signed by 16 members: Representatives Hunter, Chair; Darneille, Vice Chair; Hasegawa, Vice Chair; Carlyle, Cody, Dickerson, Haigh, Hudgins, Hunt, Kagi, Kenney, Ormsby, Pettigrew, Seaquist, Springer and Sullivan.

Minority Report: Do not pass. Signed by 11 members: Representatives Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Dammeier, Assistant Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Chandler, Haler, Hinkle, Parker, Ross, Schmick and Wilcox.

Staff: Amy Skei (786-7109).

Background:

Family Policy Council.

The Family Policy Council (FPC) was established to modify public policy and programs to empower communities to support and respond to the needs of individual families and children, and to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.

Duties of the FPC. The FPC is required to:

Community Networks. The FPC partners with approximately 42 community public health and safety networks. Networks are required to:

Council for Children and Families.

The Council for Children and Families (CCF) was established to increase educational programs and services to prevent child abuse and neglect in partnership between communities, citizens, and the state.

The CCF is authorized to contract with public or private nonprofit organizations, agencies, schools, or with qualified individuals for the establishment of a range of community-based programs and services designed to reduce child abuse and neglect. The CCF is also charged with:

Adverse Childhood Experiences.

The Center for Disease Control and Prevention (CDC) has conducted a long-term, large-scale study, to examine the relationship between adverse childhood experiences and critical outcomes later in life. The study findings have indicated that particular experiences early in life are major risk factors for the leading causes of illness, death, and poor quality of life.

The CDC defines an adverse childhood experience as any of the following conditions in a household of a child under age 18:

In 2010 the first Washington data regarding adverse childhood experiences became available through the Behavioral Risk Factor Surveillance System (BRFSS). According to the Department of Health, the BRFSS is the largest, continuously conducted, telephone health survey in the world. It enables the CDC, state health departments, and other health agencies to monitor modifiable risk factors for chronic diseases and other leading causes of death.

According to the 2010 FPC report, Adverse Childhood Experiences and Population Health in Washington: the Face of a Chronic Public Health Disaster, adverse childhood experiences have been common in Washington. The data have indicated a need for "integrated approaches to prevent adverse childhood experiences, and intervene early on [in the lives of] children... better identification and treatment of the effects of adverse childhood experiences among persons and systems interacting with children…." The FPC concluded that "…development of more integrated approaches will likely contribute to improved treatment of affected persons, and better integration of research priorities, preventive social and educational services and legal venues."

Summary of Engrossed Second Substitute Bill:

Family Policy Council and Council for Children and Families.

The FPC and the CCF are eliminated effective June 30, 2012. Community networks are preserved.

Private-Public Partnership.

A nongovernmental private-public partnership (Partnership), which may be an existing or a new entity, is authorized to focus on the prevention and reduction of adverse childhood experiences, including those that occur in early childhood. The Partnership must use evidence-based and research-based approaches. It must give consideration to community public health and safety networks that have a history of providing training and services related to adverse childhood experiences. It must also develop a method to distribute funds based on data which indicates areas of need and the use of evidence-based and research-based strategies to address those needs.

The Partnership shall advise the Secretary of Department of Social and Health Services (DSHS) regarding the approval of blended funding projects recommended by the community networks.

Authority of the DSHS.

The Secretary of the DSHS is authorized to enter into contracts on behalf of the DSHS, provide funding to the private-public partnerships, and accept gifts, grants or other funds to prevent or reduce adverse childhood experiences.

Duties Transferred to the Department of Early Learning.

Beginning July 1, 2011, the CCF and Department of Early Learning (DEL) must develop a plan for transitioning to the DEL the duties of the CCF that are primarily related to children's early learning. The CCF and the DEL must, as appropriate, participate in the development of the private-public partnership to streamline efforts around the prevention of child abuse and neglect and avoid duplication of efforts.

The duty to fund evidence-based and research-based home visitation programs is transferred from the CCF to the DEL. General funds intended to support home visiting funding must be appropriated to the Home Visiting Services Account with the purpose of maximizing opportunities to obtain matching funds from private entities. The DEL must work with the DSHS, the Department of Health, the Partnership, and key partners and stakeholders to develop a plan to coordinate or consolidate home visitation services.

Beginning July 1, 2012, the DEL will be the lead agency for the Children's Trust Fund, and the Director of the DEL is authorized to disburse those funds. Beginning July 1, 2012, the DEL will also be the lead agency for the Community-Based Child Abuse and Prevention Fund.

Readiness to Learn.

The Superintendent of Public Instruction shall award grants to community-based consortiums that submit comprehensive plans that include strategies to improve readiness to learn.

Appropriation: None.

Fiscal Note: Available. New fiscal note requested on April 5, 2011.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony (Early Learning & Human Services):

(In support) This state is well known for following research and basing policy on research. There has been compelling research regarding the fact that adverse childhood experiences have a very deleterious impact on the lives of children who have experienced them. It affects their employment, their mental health, their chemical dependency status, and a whole range of outcomes. There is a lot of interest in the private sector to work with the public sector to address those impacts and to mobilize the interest and the knowledge of communities to help them organize around families and reduce adverse childhood experiences. This bill is intended to be a vehicle for community mobilization and for a Partnership which can be an existing or new organization which brings together public and private resources to leverage more funding to address this critical concern. Focus is on enabling the Partnership to work with communities and to define how it would move forward. The networks are authorized to continue. Communities should have determination of what mechanism they want to use at the local level. The issues addressed in this bill underscore the importance of the first five years of life. There is a clear linear relationship: the more adverse childhood experiences there are in a child's life, the more detrimental the effects in all aspects of adjustment. It is most important to have people closest to the action define what they need and how they do it. There are many local districts in our state. What is important is that the local entity decides which entity is best to do the work in their community.

(In support with concerns) The requirement of the use of evidence-based programs severely limits the ability to do things at the local level. The networks and coalitions need support in developing a design to implement local strategies to reduce childhood abuse and neglect. The bill has a lot of promise. If children grow up with positive experiences rather than adverse childhood experiences, the likelihood that children will not be involved in crime is increased. The best of all of the communities can be used to create something greater than the sum of the parts. In order for this to happen there needs to be an authentic process which includes the CCF and the FPC. The Partnership does not have to be something new. It can be something that is already in existence.

(Neutral) The CCF, the FPC, and the community networks have done an incredible amount of work over the past many years. It is important to see that work and outcomes retained to the highest degree possible. There has been a lot of focus on adverse childhood experiences, and the efforts to advance that work are appreciated. The CCF and the FPC should be involved in deciding what the Partnership should look like.

(Opposed) The FPC made it possible for the Washington researchers to work with the researchers who developed the adverse childhood experiences study. The FPC has been considered the main leader for educating community leaders regarding adverse childhood experiences. The structure of the Partnership is not explained in the bill. It is important to keep citizens involved in the process. The bill's focus on children ages birth to 5 years old is too narrow. The sunset date for the CCF and the FPC is next year. We are at risk of losing 30 percent of funding when current funding is already bare bones. The Legislature may want to extend the sunset date. The public aspect of the Partnership is not clear, and a supported infrastructure is needed to have the accountability for the programs that the Partnership may support. Families will not go to the DSHS for help because they are afraid that their children will be removed. The CCF needs to be kept alive so that families can find what they need.

Staff Summary of Public Testimony (Ways & Means):

(In support) There is a lot of private sector and philanthropic interest in developing a partnership with the state to move forward community mobilization around adverse childhood experiences. Adverse childhood experiences are the long-term negative health and other impacts that result from experiencing severe stress at a young age. This is a vehicle to either create such a partnership or use an existing one in order to support community efforts to reduce adverse childhood experiences. The FPC and the CCF would sunset in a year which gives some time for a transition period. This takes advantage of the community networks' experience in local communities. The prime sponsor has gathered a lot of people together to shape this idea. The Governor's budget proposal eliminates both councils and creates a community initiative with the development spearheaded by the DSHS. This bill provides more time for the interested parties to come together to define the long-term work of the partnership, but still produces savings and moves the work out from the mantle of state government.

(In support with concerns) The bill should be broadened to focus on adverse childhood experiences beyond just early childhood; the research shows that trauma affects kids and their brain development well past early childhood. The bill should also be expanded to include promising practices. It is critical that the state continue its focus on using proven methods to reduce child abuse and neglect.

(Opposed) None.

Persons Testifying (Early Learning & Human Services): (In support) Representative Kagi, prime sponsor; Bette Hyde, Department of Early Learning; Andi Smith, Office of the Governor; and Jody Becker-Green, Department of Social and Health Services.

(In support with concerns) Annie Cubberly, Child Care Action Council; Laura Wells, Fight Crime: Invest in Kids; and Beverly Bowen Bennett.

(Neutral) Laurie Lippold, Children's Home Society of Washington.

(Opposed) Trish McNabb, Eastside and Lewis County Community Network; Robin Higa; and Mary Ellis-Meraz.

Persons Testifying (Ways & Means): (In support) Representative Kagi, prime sponsor; and Andi Smith, Office of the Governor.

(In support with concerns) Rob Been, Community Network Coalition; Sarah Kluesner, Greater Pierce County Community Network; and Laura Wells, Fight Crime: Invest in Kids.

Persons Signed In To Testify But Not Testifying (Early Learning & Human Services): None.

Persons Signed In To Testify But Not Testifying (Ways & Means): None.