commonwealth of pennsylvania house of ...living with grandparents, and they are the children's...

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COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES *** HEARING OF THE HOUSE CHILDREN AND YOUTH COMMITTEE *** MAIN CAPITOL BUILDING B-31 MAIN CAPITOL HARRISBURG, PENNSYLVANIA WEDNESDAY, JUNE 14, 2017 9:00 A.M. BEFORE: HONORABLE KATHARINE WATSON, MAJORITY CHAIRWOMAN HONORABLE SCOTT CONKLIN, MINORITY CHAIRMAN HONORABLE MICHAEL CORR HONORABLE MATT DOWLING HONORABLE MARCIA HAHN HONORABLE BRETT MILLER HONORABLE DAN MOUL HONORABLE TOM MURT HONORABLE T E DD NESBIT HONORABLE JACK RADER HONORABLE GREG ROTHMAN HONORABLE RICK SACCONE HONORABLE TODD STEPHENS HONORABLE TARAH TOOHIL HONORABLE VANESSA BROWN HONORABLE PAMELA DeLISSIO HONORABLE MICHAEL DRISCOLL HONORABLE MAUREEN MADDEN HONORABLE JOANNA McCLINTON HONORABLE DAN MILLER HONORABLE MARK ROZZI HONORABLE JARED SOLOMON Pennsylvania House of Representatives Commonwealth of Pennsylvania

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Page 1: COMMONWEALTH OF PENNSYLVANIA HOUSE OF ...living with grandparents, and they are the children's primary caregivers. In Pennsylvania, back two years, but as of 2015, there were an estimated

COMMONWEALTH OF PENNSYLVANIAHOUSE OF REPRESENTATIVES

* * *HEARING OF THE HOUSECHILDREN AND YOUTH

COMMITTEE* * *

MAIN CAPITOL BUILDINGB-31 MAIN CAPITOL

HARRISBURG, PENNSYLVANIA

WEDNESDAY, JUNE 14, 20179:00 A.M.

BEFORE:

HONORABLE KATHARINE WATSON, MAJORITY CHAIRWOMAN HONORABLE SCOTT CONKLIN, MINORITY CHAIRMAN HONORABLE MICHAEL CORRHONORABLE MATT DOWLINGHONORABLE MARCIA HAHNHONORABLE BRETT MILLERHONORABLE DAN MOULHONORABLE TOM MURTHONORABLE TEDD NESBITHONORABLE JACK RADERHONORABLE GREG ROTHMANHONORABLE RICK SACCONEHONORABLE TODD STEPHENSHONORABLE TARAH TOOHILHONORABLE VANESSA BROWNHONORABLE PAMELA DeLISSIOHONORABLE MICHAEL DRISCOLLHONORABLE MAUREEN MADDENHONORABLE JOANNA McCLINTONHONORABLE DAN MILLERHONORABLE MARK ROZZIHONORABLE JARED SOLOMON

Pennsylvania House of RepresentativesCommonwealth of Pennsylvania

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BEFORE (continued):

COMMITTEE STAFF PRESENT:

GREGORY GRASA,Executive Director Children & Youth,Republican Research

MEREDITH SCHULER,Legislative Administrative Assistant,Republican Caucus

LEDA LIPTON, ESQ.,Research Analyst

PHILIP FALVO,Executive Director, Democratic Caucus

JAMES MOSER,Legislative Assistant

VALERIE WHITNEY,Research Analyst

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I N D E X

TESTIFIERS

* * *

NAME PAGE

BRIAN BORNMAN, ESQ.,EXECUTIVE DIRECTORPCYA........................................12

REPRESENTATIVE PASHINSKI.......................31

MRS. LOTTE POWELL..............................39

DEPUTY SECRETARY UTZ,DEPARTMENT OF HUMAN SERVICES................57

DEPUTY SECRETARY MORRIS,OCDEL.......................................65

SUBMITTED WRITTEN TESTIMONY

* * *

(See submitted written testimony and handouts online.)

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P R O C E E D I N G S

* * *

MAJORITY CHAIRWOMAN WATSON: Good

morning to my colleagues, members of the

Children & Youth Committee. Good morning to

those of you in the audience. And indeed, some

of my colleagues are in the audience coming to

testify.

Indeed, this is the public hearing

convened by the House Children & Youth

Committee. I'm supposed to introduce myself. I

always feel stupid, but we will do that. All

right.

My name is Katharine Watson. I have the

very good fortune to have a job that I

particularly love, and that is being Chairman of

the House Children & Youth Committee, because

indeed, it lets me work in areas that I worked

in for years that I've always had an interest

in.

So I get to chair this meeting today,

which is good. I would remind you,

respectfully, would you please make sure that

your cell phones are turned -- I call it turn

them to stun. But in any event, make sure that

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there are no sounds coming out. The meeting is

to be recorded.

We will do our housekeeping to begin

with. We've welcomed you. We're glad you're

here. And I would suggest to you we have a

topic of great importance to discuss.

But Meredith, would you please take the

roll first?

We'll do all of the important stuff,

too.

(Whereupon, the roll call was taken.)

MAJORITY CHAIRWOMAN WATSON: All right.

Let's begin with Chairman Conklin.

Something to say, please.

MINORITY CHAIRMAN CONKLIN: Thank you,

Chairman Watson. I want to thank everyone for

coming here today. It's very important. I want

to thank Eddie Day Pashinski for bringing this

forward.

But for those watching and those in the

audience, if you see people come and go, and if

you saw some of the folks aren't here, it's a

very busy legislative schedule right now. So

you'll see many members coming in and out, not

because they weren't here or because they're not

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interested or they lose interest, it's just the

fact that they have many voting meetings going

on and many members sit on up to five or seven

different committees that they're on.

So I want to thank everyone for being

here.

Lady Chairwoman, the floor is yours.

MAJORITY CHAIRWOMAN WATSON: Yes. Thank

you.

This morning, as I had stated, we're

going to continue the Committee's examination of

a growing family dynamic of grandparents who,

because of various life circumstances, are

raising their grandchildren. Currently, three

million children across the country now are

living with grandparents, and they are the

children's primary caregivers.

In Pennsylvania, back two years, but as

of 2015, there were an estimated 98,000

children, or about four percent of the children

in the Commonwealth, who were living with

grandparents who are their primary caregivers.

I would suggest to you that certainly in

light of the opioid epidemic and things that are

happening, that number has increased

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dramatically. You could check with your own

Children & Youth agency and you would find that

to be true.

We've heard a lot of tragic stories

about grandparents who suddenly are thrust with

their grandchildren and they're going to have to

raise them because something has happened to

their own children and they can't do it or

they're just incapacitated, and they're, in some

cases, incarcerated and there's no opportunity

for them to participate in that child's growing

up.

Grandparents, what we know -- and I

would suggest to you that that number from 2015

was probably inaccurate to begin with because

grandparents, it seems, are very reluctant to

enter that formal child welfare system because

they don't just know that much about it and

they're of the belief that, you know, I can

manage things on my own, I don't take anything

from the government, or because they are so

afraid. They've heard stories, inaccurate, but

they've heard them, and they think they'll say,

oh, I'm too old, or something, and they'll take

the children away.

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They just think -- and in a lot of

cases, they are very embarrassed. They are

embarrassed by the fact that somehow their child

failed at being a parent for whatever reason.

They are stepping in. They'll do that, but they

don't want lots of people to know about it. So

they don't seek out, which I'm sure you'll hear,

some things that are available to them through

their Children & Youth agency.

Instead, they often struggle,

particularly financially, with providing for the

grandchildren under their care. Sadly, too,

they lack legal standing to make basic decisions

for their grandchildren, such as officially make

a medical decision or enrolling the child in

school.

And yet, you will hear that for them to

go and see a lawyer, they don't have the kind of

money that that would take. And I would ask

each of you to think. I look around and think,

okay, some of you are getting sort of close to

that retirement thing. And I'm sure a few of

you are even grandparents.

Stop and think that if you're preparing

for that time -- and you think you've prepared

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enough -- no one, not the best financial advisor

you could find, would ever suggest that you

should have money to raise a family again. It's

just a different time of life. And yet, many of

our folks across Pennsylvania are thrust into

that situation.

They are good people. They want to keep

their children with them -- their grandchildren

with them. They want to step up and do that.

And we have now seen recently studies that tell

us that children, regardless of how fine the

foster family is, children do best if they are

with a relative.

So the grandparent is stepping up

because their parents can't take care of them is

probably the best circumstance. And yet, it's

often the most difficult circumstance

financially.

Today, then, we are forced -- we are

fortunate -- it sounded like forced. We are

fortunate to have with us several individuals

who, by virtue of profession or personal

experience, can testify to the challenges facing

grandparents who are raising grandchildren.

Our Committee looks forward to learning

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from the testimony of each of you. And I

certainly want to thank you for taking the time

to be here. Because remember, ladies and

gentlemen, we started at 9:00, but some of these

folks have traveled an hour or two hours. So

their day started a bit early to volunteer to be

here to talk to us.

On behalf of the Committee, we thank you

again. I have already introduced my

counterpart, Chairman Conklin. And he has made

some important remarks to remind you that people

will be coming in and out, but it doesn't mean

that we are not interested. In fact, I would

suggest to you that it's been an interest of

mine.

Golly, we had a hearing with the

Aging and Older Adult Services Committee -- I

see the executive director here -- probably a

good three years ago. Two to three? And the

phenomenon has only gotten bigger.

Then we were looking at a smaller

number, but we ought to really consider this.

Now, I would suggest to you, humbly, we have to

consider this and we have to do something about

it because these folks are doing the

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Commonwealth, their neighbors and their families

a great service. We need to help them if we can

or at least get them to the right place where

they can choose help if it is available. Or

honestly, they can choose not to have it.

So to lead things off this morning, I

would like to welcome someone who has provided

informative testimony to this Committee on

several occasions in the past.

Mr. Brian Bornman is the Executive

Director of the Pennsylvania Children & Youth

Administrators, an affiliate of the County

Commissioners Association of Pennsylvania.

It is amazing, Mr. Bornman, that all

fits on a little card, but we are glad you are

here. We look forward to what you have to tell

us.

Please begin.

MR. BORNMAN: Thank you, Chairman

Watson, Chairman Conklin and members of this

honorable Committee.

I would like to take this opportunity to

thank you for having me here today and giving me

this opportunity to address you on what has been

correctly identified as a very important issue

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here in Pennsylvania.

Just a little history about myself. I

am the Executive Director of the Pennsylvania

Children & Youth Administrators Association. We

represent all 67 of the Children & Youth

agencies throughout the State.

My history is I started as a caseworker

for a child welfare agency. I got a master's

degree and did child therapy for about a decade,

got my law degree and represented, privately

represented, a number of grandparents in custody

proceedings. I then became a solicitor

representing one of the county's Children &

Youth agencies for about a decade before coming

into this role. So I've kind of run the gamut

of the child welfare spectrum.

Some things I want to talk about today

are basically four main issues: I want to cover

the importance of the grandparents to the

familial stability of the family, and I think

that's largely been covered by

Representative Watson already; some challenges

when the grandparents are working with the child

welfare system because it does bring up some

very unique challenges and frustrations for

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grandparents; the supports that are most

requested by grandparents; and some solutions

that some States have tried to address this

issue because this is certainly not a

Pennsylvania-only issue. This is a nationwide

issue.

I will point out this is a very awkward

room to testify in with the big pole here.

MAJORITY CHAIRWOMAN WATSON: The one we

had before was a lot worse. This is considered

better.

MR. BORNMAN: This is the upgrade.

Okay.

As Mrs. Watson identified, grandparents

really have historically been the safety net for

families. Many times, they're the ones that are

the most stable in the family and are around to

be that last-ditch safety net before the

children hit the child welfare system. And as

such, they really do need the support to be able

to provide that role without bankrupting

themselves in the process or struggling

financially and physically and emotionally.

If you look at some of the research from

Generations United, which is one of the leaders

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in this field, there really is a growing body of

research that shows that the health issues of

grandparents raising grandkids, it's certainly

not as easy to raise young children as you age.

And financially, it can be very devastating if

there's not that support provided for

grandparents.

Modern research in child welfare has

really focused on the importance of keeping

children with families. And more and more, that

research shows that, more so than we always

assumed, it's better emotionally for the kids to

stay with the family, but that physically, you

are seeing very detrimental effects from kids

raised in the child welfare system: increases in

heart attacks, increases in cancer rates.

A lot of seemingly unconnected medical

conditions are arising at much higher incidents

later in life due to their involvement in the

child welfare system. Anything we can do to

mitigate those concerns, by keeping kids with

family or in their biological family, is only

going to improve the situation. So I don't

think I can emphasize enough how important it is

to have that safety net of having grandparents

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step in and raise the grandchildren.

As Mrs. Watson identified, it is really

important, or really impossible, to tell how

many grandparents are raising grandkids

nationwide. There is a recent bill introduced

by Susan Collins and Senator Casey to establish

a task force to look at this at the Federal

level, but they identify 2.5 million. I've

heard three million, but I think those are low

numbers.

You could go through and count all of

your custody orders that came out of either

Children & Youth cases, PFAs, custody court, but

most of these cases really are informal

custodial arrangements, either through a simple

signature on a guardianship agreement or just

the de facto living situation in the family.

And also, it's impossible to really

capture how many of those situations are

multi-generational families, in which the parent

may live in the home, but really the bulk of the

support and the parenting is coming from the

grandparent because the parent is young, is

going to college, or for whatever reason is not

available.

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One of the -- financially, one of the

numbers that I've seen recently on the HHS

website, and in an article that was put out, was

between $23 and $39 billion a year is saved from

the county or the government because of

grandparents intervening and providing care for

those children. If all of those kids are

suddenly to be thrust upon the child welfare

system, we would be look at a very dramatic

increase in cost to child welfare nationwide.

One of the bright points is that

Pennsylvania is really doing a lot better in

terms of getting kids into Kinship Care. It was

something that was recognized a number of years

ago, as we like to say, kind of before it was

cool to do so.

We have really been focusing more on

getting kids into Kinship Care. I know this is

something that Cathy is going to talk about, so

I'm not going to belabor that point.

So what are some of the challenges to

grandparents when they're involved in the child

welfare system?

Basically, there are kind of two avenues

of support for grandparents. They can --

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financially, when you're looking at what can we

do to help support, there's the public

assistance, which has its own number of

challenges; and then there's the Children &

Youth avenue, in which the child welfare

agencies can help may for Kinship Care subsidies

and provide some additional supports and assure

that the kids get health insurance and things of

that nature, but it carries with it its own set

of challenges. And that is something that I

want to discuss at this point.

Probably one of the biggest challenges

in my experience with grandparents is really the

frustration in dealing with the agency. Despite

the fact that agencies try to be responsive to

families and understanding and accepting, they

are still bureaucracies. It is still a

challenge. It is still a big machine to deal

with.

We have rules and regulations, and it

can be very frustrating as a parent, a

grandparent dealing with the agencies in that

regard. And what I hear most often is, either

the agencies were too heavy handed in terms of

they didn't give the parents adequate

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opportunities to get their lives turned around

so that they could keep their kids and that was

wrong; or that they were too lenient and gave

the parents too many opportunities when the

grandparents felt that they should not have been

given so many opportunities. So that is always

a source of frustration.

I've had many discussions over the years

with grandparents:

Why did you let it go so long;

Why did you pull the kids out of the

home so soon?

One of the biggest challenges with that

is, as with anything family-related, there are a

lot of protections built into the Juvenile Act,

and what you may know as a family structure

regarding drug use or someone's inability to

parent or mental health conditions, may be very

different than what I, as a solicitor, could go

into court and prove to a clear and convincing

legal standard.

So there is always that challenge in

terms of what the agency may kind of have a

feeling of in their gut versus what they can

actually prove and sustain in court.

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There are the challenges of the court

process itself. Court can be very time

consuming. It involves a lot of time sitting in

a waiting room and waiting for your case to be

called. It involves a lot of time sitting,

perhaps with a lot to say and not necessarily

having that opportunity to just jump in in the

court process and add what you feel needs to be

said. So the court process itself can be very

frustrating.

Many times, family members, particularly

grandparents, feel very frustrated with having

to testify against those they love and care

about. If you know something as a family

member, you would be the one that would have to

testify in court about what you witnessed, what

you saw.

When you're talking about your own child

and having to testify about finding your child

with a needle in their arm or kids unsupervised,

that can be a very difficult thing for anyone,

even if it is in the best interest of the

grandkids.

Assuming you get through the whole

adjudicatory process and the kids are

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adjudicated dependant and placed in custody,

there are all of the hoops then that you have to

jump through once you're identified as a

potential kinship caregiver. They're not

inconsequential.

There's a home study that needs to be

done before kids can be placed with you. You

can do an emergency caregiver for the first 60

days, but beyond that point, you really need to

basically be licensed as a foster home. That

involves looking at financial records. It

involves looking at your home and determining

whether your water is safe by having it tested

and all of the things that go along with a home

study to assure that kids are living in a safe

home, but it's very intrusive.

If you're somebody in your retirement

age, you may not necessarily want a caseworker

poking around your home several days a week and

asking you very personal questions about your

lifestyle and your finances and all of that. So

that can be very uncomfortable for a lot of

people.

There are also some limitations in terms

of if the children are placed in your home

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through the custody of a child welfare agency,

there may be some limitations on what you can

and can't do with the kids in terms of how often

they may see the parents and where you can

travel with them.

With last year's passage of the

Reasonable and Prudent Parenting Standard,

things got a lot better in terms of transferring

a lot more of that authority to the caregiver to

allow them to make the day-to-day decisions for

kids in their care, but there are still a number

of limitations, just due to the legal structure

of the custodial arrangements.

If a child is placed in the home,

they're adjudicated dependent, they're placed in

your home, you jump through all of the hoops and

you have the home study and everything is good,

another pain point has always been the Adoption

and Safe Families Act.

So under the Federal Adoption and Safe

Families Act and Pennsylvania's enactment of

that, if a child has been in care 15 of the

preceding 22 months, there's an obligation for

the agency to file a termination of parental

rights to try to get them into a permanent home.

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This concept of grandparents adopting their

grandkids can be a challenge for some people to

come to grips with.

As a grandparent, you want to be a

grandparent. You don't want to be a parent. In

my experience, almost without fail, the

grandparents I have spoken to wanted to be

grandparents. They wanted nothing more than

their kids to rise up to the challenge and be

able to step back into that parental role.

And then when the agency comes in and is

trying to force them or convince them that it's

in the best interest of the child to terminate

parental rights and adopt their grandchild so

now they're a parent, that the can be a lot to

deal with, and the frustration sometimes. Just

the emotional challenges, I don't think can be

understated. It's a very difficult situation.

There is a lot of embarrassment, shame,

frustration with seeing that your child was

unable to provide for your grandchildren and now

you're stepping into that parental role. So

oftentimes it takes a lot of work and some

counseling to get people through all of that to

accept that situation. The supports most

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requested by grandparents really come down to

information, legal support, as Chairwoman Watson

noted, and financial support.

Whenever a grandparent has custody of a

child suddenly, not something they're planning

for, there are a lot of questions that come up,

such as, what are my rights; what can I do; what

can't I do? If the parent shows back up, can

they just take the child?

There are not a lot of really good

sources of information out there for

grandparents in that situation. So if the

agency is involved, if that's the route by which

a grandparent had the child come into their

custody, many of those questions can be answered

through the agency, but if it's an informal

custodial arrangement, there are not a lot of

people to ask those questions of.

And legally, you're not going to get a

lot of help from the legal aid societies. Most

counties will have some type of legal aid, but

in my experience, most of those have very

limiting rules in terms of who they represent.

And predominantly, that is parents. Generally,

indigent parents, if they're being sued for

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custody, are who would qualify to be

represented.

Very rarely have I seen any of the legal

aid societies intervene to represent a

grandparent to pursue custody. So for legal

purposes, grandparents are really on their own.

And as correctly noted, we lawyers are very

expensive, so that can always be a challenge.

We talked briefly about the sources of

financial aid. And if pursuing custody through

child welfare, you will have access to the

kinship subsidy. I know Cathy is going to talk

about that, so I'm not really going to spend a

lot of time on that.

But the other avenue to seek support

financially is through the public benefits. So

grandparents may be eligible for CHIP for the

kids for their insurance or a child subsidy,

cash assistance. There are a number of programs

available, but one of the biggest roadblocks of

that is, as with anyone else, to pursue those

benefits, you have to be eligible. You have to

qualify.

It generally requires suing the parents

for child support. And again, it comes back to

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that very difficult situation of if you need

support to raise your grandchildren, do you want

to sue your own child, which may result in them

ultimately being incarcerated for nonpayment of

support in the process. So it creates some very

difficult decisions and some difficult positions

that grandparents are put in because of the

nature of the benefits.

So what are some of the things that

other States have tried to do?

Like I said, this is not a

Pennsylvania-only issue. This is something

that's across the nation.

Some States have gone with a kinship

navigator program, which is really a statewide

program that acts as an information clearing

house. So for grandparents who find themselves

in a caretaking role for their grandchildren,

it's a support line where they can call and find

out where they can access certain things.

A lot comes up when you haven't raised a

child in 30 years. So if you suddenly have a

new baby in the house, you may need to find out

where do I get formula? I mean, what do I need

to do?

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So it can provide resources for

parenting classes in your community or just

sources of information online, places where you

can get insurance for the kids, how to enroll

kids in school, how to make sure you get medical

rights for the kids. So a lot of those things

that come up, everyday questions that parents

have to struggle with, are the same things that

grandparents have to struggle with when they're

suddenly thrust into that caretaking role.

Some States, as well, have tried setting

up a fund, a statewide fund, to provide for

legal service funding for grandparents, as well.

I really don't have a lot of information on how

that's played out. I think the kinship

navigator programs have played out pretty well

and been well received when they've been

implemented, but I'm not sure about the -- I

haven't had a chance to find out a lot about the

funding for legal services, but that's certainly

an area that is a challenge for grandparents

seeking custody.

It's one thing to have a child placed in

your home if a parent says, I'm running off to

do whatever. You now have a child in your home,

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but you don't really have any legal authority to

enroll that child in school, to seek medical

care. So that next step to get something more

formalized that will be accepted by the schools

and the physicians can be an expensive

proposition to get to that point.

So that is really where we're at in

Pennsylvania at this time. It can be

frustrating to deal with the child welfare

system, but that is probably your most stable

source of support financially, as well as being

able to quickly access services that the kids

may need.

The other avenue of seeking whatever

benefits may be available publicly carries with

it its own set of challenges, in that you

generally will have to sue your children for

child support in order to be able to access any

of those benefits. To the extent this Committee

is looking at different programs moving forward,

I would really encourage you to look closely at

the kinship navigator program. I think that has

a lot of promise to it, and perhaps some

combination of some funding of legal fees to

help support making those situations more

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permanent in nature.

Once again, I want to thank you for the

opportunity to let me come here and talk today.

Hopefully I made some sense.

I want to thank this Committee for some

recent legislation sponsoring a resolution

recognizing Children & Youth caseworkers. They

really do work very hard to protect the kids of

Pennsylvania, and I appreciate that. I want to

thank them for all of their work.

Most of all, I want to thank the

grandparents of Pennsylvania for all of the hard

work that they're doing. I know it may be

incredibly frustrating and incredibly difficult

at the time you're dealing with it, but you

really are keeping kids safe and protecting

their emotional and physical well-being in the

long term.

I will be happy to field any questions

anyone may have.

MAJORITY CHAIRWOMAN WATSON: Thank you,

Mr. Bornman.

And in light of that, could you stay?

Because what we'd like to do,

oftentimes, we get off on questions. This is a

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really bright Committee, these folks, topnotch.

And we'll get off on that, and we won't get

through all of the testifiers.

So I would like to listen, and we would

listen to everybody, but ladies and gentlemen of

the Committee, if you would write your questions

down, and we're asking if indeed you would stay

for the hearing. Then we could -- plus, you

need to hear what somebody else says, and maybe

then, I don't know, we spark something between

the two of you.

MR. BORNMAN: Certainly.

MAJORITY CHAIRWOMAN WATSON: Thank you

so much.

We were to hear this morning from

Rich Hughes, who is a very compelling

grandparent from Pen Argyl, Pennsylvania. I

believe, Representative Hahn, that's your

district, right?

REPRESENTATIVE HAHN: Yes.

MAJORITY CHAIRWOMAN WATSON: Sadly, he

was injured on the job. He suffered a back

injury, and his doctor has restricted him from

traveling. He can't drive, I guess, or actually

sit up in the car for that length of time.

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So we were sorry for that because it was

compelling, but we will move to a very

compelling legislator who has been working in

this area, and interested in this area, for as

long as I can remember. And indeed, some would

say we have been partners in crime, which is

fine. We both accept that.

Representative Eddie Pashinski from

Luzerne County has shown a great interest and

understanding of, I'll call it the plight of

grandparents raising grandchildren. You heard

Mr. Bornman talk about, imagine, when you're

trying to get your child back from whatever, you

would have to sue your child in court in order

to get the money for raising the grandchildren.

You're not going to find folks who are

going to step up and do that because it

essentially burns that bridge. There's no way

back. So you have some other ideas. And

Representative Pashinski, we would like to hear

of your insight, your ideas, all of the above.

REPRESENTATIVE PASHINSKI: Well, good

morning. Thank you very much, Chairwoman

Watson. It's been a pleasure to work with you

on so many issues concerning children.

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And I think it's noteworthy,

congratulations, it's a tremendous thing that

you've accomplished, you and your husband, your

50 year wedding anniversary. That's

outstanding.

MAJORITY CHAIRWOMAN WATSON: Thank you.

REPRESENTATIVE PASHINSKI: And I mean

that sincerely.

Mr. Bornman laid out some of the

problems that these grandparents face. And just

to give you a little idea, this goes back

probably now, four or five years or more that I

became aware of this problem where grandparents

were now being forced as the last resort to take

care of their grandchildren.

We have a very good support system in

northeastern Pennsylvania. Literally hundreds

of grandparents come together, they discuss

their problems, they try to help one another.

That's how I became aware of this need.

I think one of the points that I want to

make here is that the laws regarding adoption

and kinship and being in charge of taking care

of one's family, I think, was based years ago on

a typical divorce, where two parents fell in

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love, got married, had children and then things

didn't work out.

But in the end, both parents still loved

the children, and both parents would still work

towards supporting those children, either

financially or from the standpoint of parenting

them time to time.

The infusion of the opioid epidemic has

changed the thinking dramatically, and it needs

to change the thinking dramatically. Most

people that are addicted through opioids are

incapable, incapable, of taking care of the

children.

And the number one goal, I think, that

any of us should have here, as all the agencies

have, is the care and welfare, the safety, the

health and welfare of the child. So that's

number one.

What is in the best interest of the

children?

I have heard testimony from countless

grandparents that go through excruciating

circumstances. First of all, to deal with the

fact that one of their children, that's a

parent, is now addicted, the trauma that they go

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through is incredible. And the grandparents

then reach out to try to protect and save the

children. So if I could make one point here

today, it would be that.

This is not like a typical divorce,

where there's a separation of parents causing a

disruption in the family circle. Again, most

parents in that divorce will still love the

children and be capable to understand the

responsibility that they have towards taking

care of those kids.

Those that are addicted, especially with

opioids, are incapable of doing that. Mentally,

the physiological brain changes. And because of

that, they cannot think normally. So therefore,

the grandparents are now forced into the

situation.

I have introduced two bills. It started

years ago, where we were going to try to do the

kinship navigator bill. We wanted to do a pilot

program in the northeast to demonstrate how

things have changed and to demonstrate why

there's such a need.

We were very successful in passing that

bill through the House. Chairwoman Watson, you

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were very supportive of that. We got it through

the House. When it came to the Senate, the

Senate denied the process because they felt that

there wasn't a need for what we were trying to

do.

I think the testimony today, and your

own testimony, Madam Chair, has indicated times

have changed. So the issue is before us; you

can't ignore it. We have to do something about

it.

What I tried to do is moderate and

change the original bill to what we now call

emergency guardianship. This change came about

after discussion with several attorneys and

several judges. They felt that the best way to

address this issue would be through emergency

guardianship.

What does that mean?

Emergency guardianship allows those

grandparents, loco parentis, which means now,

for 60 days, they can take them now to a doctor

and get proper medical treatment. They can

enroll them in school. They became the parent;

60 days.

After 60 days, an extension can be also

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extended for another 60 days with a maximum of

365 days. The idea of this is to make it less

cumbersome for the guardians to be able to

manage the care of the children. The hope is

that the parents will recover -- God bless you

-- and that the parents can resume their duties

as parents. That's the purpose of 1539.

So we have HR 390, which is going to ask

the Joint State Government Committee to do a

study to determine what are the needs relative

to the State of Pennsylvania; and then 1539 is a

way that we can give emergency guardianship to

those countless grandparents that are involved

in this problem.

So we have the change, based upon the

opioid addiction. We have the number one goal,

to protect the children. And then the other

goal is to try to help the grandparents.

Why do we need to do that?

Some of the numbers are staggering.

When I first started in researching this and

getting involved in this, the numbers were 190

to 191,000 children in the State of

Pennsylvania, grandchildren in the State of

Pennsylvania, that were being taken care of by

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80,000 grandparents. Today, the numbers are

about 195,000 grandchildren being taken care of

by 88,000-plus grandparents. It's not going

away.

I'm not suggesting that I have all of

the answers here, but I am suggesting that with

all of us working together, I think we can come

to a conclusion that will accomplish those

goals. One, address the issue. Two, protect

the children. Three, help the grandparents.

I stand here for your questions.

MAJORITY CHAIRWOMAN WATSON:

Representative Pashinski, thank you very much.

I'm going to go through everybody, but I

have questions for you, so I look forward to you

staying and doing that.

REPRESENTATIVE PASHINSKI: I will stay.

MAJORITY CHAIRWOMAN WATSON: But I want

to thank you publicly because I guess you are

the Paul Revere for grandparents, but indeed,

you sounded the alarm. I know that, from the

hearing that we had with the Aging Committee and

Chairman Hennessey, that's when I became aware,

talked to folks in my area who are doing it.

And what I found was the great

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reluctance, I'll talk to you, but no, I don't

want to testify, and no, I don't want to be a

part of any system. And I'm like, but I don't

know how to help you. So I would venture that

you're coming up with some ideas that I think

are necessary, where maybe we need to change the

system a little, too, or make a category, a

special category for people in this circumstance

because their situation is very different.

And that's something you and I both

believe that we have to do --

REPRESENTATIVE PASHINSKI: Absolutely.

MAJORITY CHAIRWOMAN WATSON: -- and make

work. And then it will work for the lawyers and

the this and the that. But mostly, it will work

for the children, which is what we're all about.

REPRESENTATIVE PASHINSKI: Well, thank

you.

MAJORITY CHAIRWOMAN WATSON: Thank you

very much.

REPRESENTATIVE PASHINSKI: Thank you,

Madam Chair.

MAJORITY CHAIRWOMAN WATSON: We have

questions coming.

REPRESENTATIVE PASHINSKI: I'm here.

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Thank you.

MAJORITY CHAIRWOMAN WATSON: All right.

Thank you.

Now, it's my pleasure -- I mentioned to

some of you that people had traveled far.

Thanks for being here, because it was 9:00, but

they had to travel further than that and get up

and be here. Our next testifier is, indeed, one

of those people. And that is Mrs. Lotte Powell.

She made the trip from Honesdale, Pennsylvania

to participate in today's hearing.

Mrs. Powell and her husband are

currently raising the child of her daughter.

Mrs. Powell, I appreciate your willingness to

get up nice and early and come to testify to

share your personal story, which I think is

terribly important, but I know it's very hard

for folks to do. You are a brave lady.

On behalf of the Committee, I want to

thank you for being here. We look forward to

hearing you speak. Thank you.

MRS. POWELL: Thank you very much.

Good morning, Representative Watson and

members of the Children & Youth Committee. I

will be reading off my notes. I'm not very good

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with eye contact. Forgive me.

My name is Lotte Powell. I live in

Honesdale, and I'm a grandparent raising a

grandchild. Our granddaughter, Rosie, is 20

months old and has special needs due to chronic

failure to thrive.

I'm giving my testimony in hopes that it

will help this Committee better understand the

depth and expanse we grandparents face in

raising our grandchildren in the hopes that you

can craft some working solutions. This

Committee must find a way to make the system

proactive instead of reactive, a way to help us

open doors for these children, and a way to

prevent a new poverty group that is in your

midst, still unrecognized.

How did we become grandparents raising a

grandchild?

Our granddaughter was born on

October 12th, 2015. At that time, there was no

paternity on her birth certificate. The

hospital social worker painstakingly took time

to explain to our daughter the need for

paternity in order to attain welfare benefits,

should she need them down the road.

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An acknowledgement of paternity form was

left with our daughter. She was an unwed teen

mother at the time.

The following February, she married

someone who had just been released from jail in

January. He was 17 years her senior. They took

the acknowledgement of paternity form and it was

filed, hereby subverting the adoption procedure,

and the child was put in immediate danger.

The gentleman my daughter married has

had all of his children taken away by Children &

Youth in other States. Paternity was issued on

the birth certificate, not as putative, but as

full father, granting him rights throughout the

States. The putative status is unavailable to

vital records to denote on a birth certificate.

They took our granddaughter, and they

moved into New York State. Our granddaughter

was moved on March 15th, and the family was

fully welfare-dependent. Public housing was in

place. Food stamps were delayed. Medical

coverages was delayed. And WIC was never

implemented for obvious reasons as you will

hear.

We needed to involve child protective

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services in May of 2016. I contacted the abuse

hotline because there was lack of food and

severe abuse taking place in the home, but not

physical abuse. I did not hear back from them.

In May, I again contacted them, spoke

with the caseworker and provided pictures of our

emaciated granddaughter. She gained, from

February until September, one and a half pounds

during eight months of an infant's life.

I also contacted Pennsylvania Children &

Youth for assistance, but was told there was

none available. I have since come to learn

there are only three caseworkers in an area

where there should be 11.

In September, the doctor finally

reported chronic failure to thrive for our

granddaughter. New York did not remove the

child. Rather, they implemented minimal

supports into the family. This put us in a

place that, on September 28th, we filed for

guardianship with New York State on behalf of

our granddaughter.

It took from September of '16 until

February of '17 before pre-trial intervention

took place. This involved six attorneys. It

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resulted in the court assigning legal

representation to the child.

One week later, family court heard the

matter. The judge listened to testimony and

determined that the stepfather had no paternal

rights, as were granted on the Pennsylvania

birth certificate.

We were given temporarily guardianship

for the child's safety and learned that New York

Children & Youth had indeed done an in-depth

investigation in the home and recommended that

the child should be removed, but never took any

action. The court also never issued any

support. This put the child back inside of

Pennsylvania.

What do we do?

Well, the first thing that I did was I

went online to COMPASS. Not every grandparent

has access to the Internet or understanding of

how to use this.

We applied for all of the available

services: Food Stamps, TANF, cash assistance,

medical, early intervention, Early Head Start,

WIC, a story behind each of these. In general,

we were able to get medical care for her. We

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were able to put that into place. CHIP is

there.

Early intervention, we were able to

qualify and she is receiving. Early Head Start,

finances were considered. Fortunately, there

were other factors that opened the door for our

granddaughter who is in need. As far as cash

assistance, Food Stamps and TANF, Food Stamps

and cash assistance, the senior community is

greatly penalized because we have been

responsible through our life. We may qualify to

apply, however, when it comes to the point of a

net income, which greatly looks at what do you

pay on a mortgage, what do you pay on rent, so

forth and so on, we didn't have these expenses

because we had been responsible. We've paid off

our home. We pay for our cars. And we we're

not sitting here living outside of our means.

TANF, that is based, as we've heard, on

parental input, financially. Our granddaughter

has no father at this point to be able to

receive anything from. Our daughter was whisked

away by an abusive man into Florida, no job, and

we have great, great strains with that, as well.

WIC, she qualified for. You should hear

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what she's receiving. She gets 26 cents a day

for fresh fruits and vegetables, two glasses of

milk, a dozen eggs per month, a forth of a glass

of juice, two and a half ounces of dry cereal, a

slice of bread, two ounces of beans, but let's

make certain that we provide a chemical-based

Pediasure in order to prevent this child from

not growing.

Children & Youth were contacted by

New York State six days after we got her on

February 14th. They received a referral from

New York State to see if they could do anything

to assist us. They were limited to COMPASS

because this child is not a foster care case.

That was subverted. Therefore, there is no

access to any of the grand family guardianship

programs that may be available.

Her current legal status, New York State

was able to provide us permanent guardianship.

May -- in April, we were able to finally get

Susquehanna County to determine who the father

was through DNA testing, however, the father has

no interest in the child and he is unable to

support her.

This left us with very few options, so

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we have had to start the adoption process.

Paternal consent papers are on file at this time

with our attorney. We are waiting now for the

abandonment time to complete. Total legal costs

to date for the guardianship alone in New York

State are $4,000. That does not cover any of

the costs that we've had so far to raise this

little girl who does have needs.

Adoption costs have yet to be

determined. Our retirement savings are totally

depleted. Our annual income is $26,151. And

that may sound very strange. On top of that, we

are also legal guardians for my mother with

Alzheimer's. So we have other people in our

lives that we do care for, that have great needs

that there are no resources for. My mother is

91 years old.

What are our community challenges?

You've heard a number of them. I've written a

few out.

First, we need to be accurately

recognized. Current statistics only reflect

those cases that are known and documented, as

we've mentioned. With the current drug epidemic

alone, this group of unknowns is skyrocketing.

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That does not include those whom the system has

betrayed. The Department of Children & Youth

has trust issues throughout the public. There

are many reasons for that.

Family is not received as credible

advocates when we call in. That is one of the

great problems. There is a great fear on our

part of losing our children to the foster care

system. Many of us have been betrayed by the

system, a court or a caseworker. Communication

with family is stifled. CYS workers are not

allowed to speak to anyone outside of the

immediate guardians, and then they are required

to respect their requests, even when these are

the people who have endangered these children's

lives. That is unacceptable.

The current system requirements are that

only minimum systems be rendered to avoid foster

care. Pressure on the workers from within is to

lower the caseload, waiting it out as long as

possible till a family member steps up, landing

us in a situation such as what I have, which

goes, again, into the undocumented numbers. And

these do happen frequently across State lines.

This is not a Pennsylvania-only issue, but it is

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something that's alive here in PA.

The results, there are no supports

outside of foster care. COMPASS programs are

dependent on the legal status of the caregiver

and the guardian's resources solely.

Abandonment and court-appointed children are not

considered endangered, yet they have no access

to medical care, education or even their own

funds.

The funds that these children have are

being left in the hands of drug addicts so often

and are now funding this opioid epidemic.

Families are not provided ways to engage in

essential services. There is no access to legal

aid, and there is no one to advocate for these

children.

Health and Human Services, there is a

limited access to the COMPASS benefits, as I

have mentioned, for legal and financial reasons.

Families of these children have no access to

special services. We require respite care

resources. We suffer from caregiver neglect and

burn out.

There are no resources to prevent

poverty needs. Inside of the system, there's no

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means for toilet paper, soap, diapers,

essentials that we need for children, essentials

that can prevent poverty appearances.

Area Agency on Aging offers no support.

There are no care coordinators. We deal with

great geriatric and pediatric needs. People

come down with cancer, they have to take special

needs children on public transportation. These

children are minor.

How are we supposed to do this?

These are very true situations that I

know of in our own community, and I've only been

dealing with this since February.

Potential solutions, we are asking for a

hand up, not a handout. Please stop penalizing

us for living responsible lives by making a new

poverty group.

What can you as legislators do?

Some ideas, push our State Senators at

the Capitol level to amend the RAISE Caregivers

Act in Washington, revamp Title IV-E gap to

provide families with subsidized permanent legal

custodianship while a family is undergoing a

foster care licensure procedure.

Sixty days is a drop in the bucket that

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passes by before you know it, and we spend our

time sitting, spinning our wheels, taking the

time with court after court after court. Upon

the new State System of Care program that's in

place, we need to include the Department of

Aging and the Department of Education to benefit

all the numbers of the community.

We need to create a program for the GRGs

on par with the current Pennsylvania CARE Act

with the General Assembly.

Why? To provide medical care, access to

finance benefits and enroll these children in

school. We need to implement this through

Children & Youth. A key element would be to

Children & Youth immediately referring the case

to legal aid to process emergency proceedings on

behalf of the children and the GRGs.

We have many attorneys throughout the

State who do pro bono work, who are not being

used by legal aid. This should be opened up and

utilized.

Revise recording of the acknowledgement

of paternity in vital records. Make a provision

for a putative father when using the

acknowledgement of paternity form, congruently

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defined on the birth certificate what the rights

of these parents are because they are being

granted and children are being put in danger.

Revise all the COMPASS programs accessed

for the care of a GRG child to be based on the

minor's situation solely, their income, their

representation, not on the part of the

grandparent, because we are hampered.

Update the Title IV-E waiver from Social

Security to better cover the GRG needs.

Pressure AARP to the establish Kinship Care

Program here inside of Pennsylvania. At this

time, what's there is not -- I have seen much

better in other States. And AARP, at this time,

is not participating in that here.

Encourage CASA programs throughout every

county in Pennsylvania. There are only 27

counties that have CASA representation. Create

trust within the community, tear down walls to

existing programs, base the qualifications on

the recipient's age and income. In this case,

dominantly children, but we also have seniors

who don't have access to things as a result.

Remove the foster care requirement for

Subsidized Grand Family Program. Currently, the

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children have to be in State foster care for six

months prior to being able to access this. And

yet, we talk about giving 60 days for a

grandparent to be able to step in. Something is

very out of balance.

Allow Children & Youth to assist grand

families that may not be in foster care and

grand families' resources to Children & Youth to

be able to call in. Create a financial

caseworker within Children & Youth.

What would their job look like? To

better identify and connect families to

available resources that are both public and

private and throughout other agencies, not just

Children & Youth.

Educate a caregiver on how to better use

these resources, improving the quality of life,

such as educating them. To act as a resource of

legislators when you are looking to craft a

working solution.

You need somebody you can go to. You

can't go to every single caseworker you've got,

but to have one in each county that you as

Representatives can go to and have just a few to

tap into would be quite helpful.

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Treat your caregivers with respect,

provide publication that exists, The

Grandparents' Guide to Custody & visitation. I

went down to Area Agency on Aging. They didn't

even know this thing existed.

Why isn't this out there throughout the

Agencies?

It's been developed. We've spent the

money on it, let's put it in their hands.

Listen to us, the family, as credible.

We are the ones that are seeing where and when

the caseworkers cannot. Recognize the family

needs for those who fill the gap of both the

young and the old. Open the Aging offices to

use by our community. Extend more Aging

programs to include our dependants.

I couldn't even go down and have a

community meal with my granddaughter without

paying full price. As a senior, that's

unacceptable.

Respond positively to local caregiver

groups. Don't reply with just an Internet link

or be unavailable for an evening meeting. You

need to hear us; we need to hear you.

Many of us find ourselves having to

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work. We are tied up with providing for these

children during the day when other agencies are

there. And if we ask for someone to come once a

year to a meeting, don't sit there and say, I

can't go because it's after hours.

Authorize these hours to be available

for our needs through the State agencies.

Regional community forum, that was done by

Area Agency on Aging when you were looking at

the Alzheimer's situation. Do the same here.

Provide four or five meetings throughout the

Commonwealth and listen to what the public has

to say.

You will hear from many different walks

of life that work with this. We have limited

resources here at the Capitol, but you have it

throughout the State. Reach out to the

community foundations that exist to assist the

awareness of the GRG needs. They will be there.

In the legal system, base the legal aid

qualifications on the child. Make those who are

pro bono available to children. Immediately

provide a CASA worker for each child that is

abandoned or appointed a legal guardian. That

would help huge.

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My conclusion is a quote from the

Department of Education website for family and

consumer science education, the economic, social

and political well-being of our State depends on

the well-being of the Pennsylvania families.

The family is responsible for nurturing its

members. Family experiences, to a great extent,

determine who a person is and what they become.

If our needs, as grandparents raising

grandchildren, as a community, are left

unaddressed, legislators will be burdening

Pennsylvania with a new poverty group. It will

enable prejudice toward system outcasts, the

abandoned, the victimized, the very old, the

very young, those who are most vulnerable.

MAJORITY CHAIRWOMAN WATSON:

Mrs. Powell, thank you very much.

I think you started by saying, I'm not

going to look up, and I have to do this and

that. Mrs. Powell, you're eloquent. You just

may not know it yourself, but you are a good and

great advocate for people who are in a situation

like you.

Many of the things, I kept sitting and

looking like one of those bobbing dolls in the

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back of the car. I would be nodding my head

because, yes, people are hearing you. They do

know. I understand more of us need to

understand, and you have helped make that

happen.

Thank you very much. And if you can,

please, after the long ride, stick around for

any questions that might come up.

MRS. POWELL: Certainly.

MAJORITY CHAIRWOMAN WATSON: All right.

MRS. POWELL: Thank you.

MAJORITY CHAIRWOMAN WATSON: Thank you

so much.

At this time, I would like to welcome a

lady who is no stranger to this Committee. We

sort of have her on standby and call and ask

questions, but indeed, it is Cathy Utz. She is

the Deputy Secretary for Department of Human

Services Office of Children, Youth & families.

Certainly, you've testified on a variety

of issues before. You've always been a valuable

resources, and I want to thank you because

you've been a good partner in working for the

welfare of children.

I would add that that is really why this

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Committee exists, to give children a voice, to

put children first because they are voiceless.

And I think of Mrs. Powell's testimony. A

20-month-old has great needs and can't verbalize

that the way her grandmother could. So we thank

you for being here, and we also would like --

we're going to do a two team -- what is that in

wrestling?

It's a tag team. I don't know how I

could have forgotten it, I watch wrestling all

the time. But in any event, indeed, we've got

Suzann Morris. Ms. Morris, you've been here

before, too. We go right to the sources.

And indeed, you've just been

confirmed -- congratulations -- as the

Deputy Secretary second at OCDEL. I use the

acronym so you can explain it. We congratulate

you on your appointment. We thank you for being

here, and we'll perhaps just roll with both of

you to give us your opinions. You've listened

to previous testimony.

Please begin. Thank you.

DEPUTY SECRETARY UTZ: Thank you,

Chairwoman Watson, Chairman Conklin and members

of the Committee. Yes, I do spend a lot of time

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with you all. I think just a few months ago,

right? And I talk to many of you on the phone,

right?

So I think that we've heard a lot about

some of the challenges that exist. I want to

thank Mrs. Powell for caring for her

granddaughter. It sounds like that's been a

very challenging journey.

I think that in Pennsylvania, what we

want to talk about, at least from our

perspective is, what's happening in the child

welfare system when families become involved,

and then the resources that are available

through the Office of Child Development and

Early Learning.

But I think that Pennsylvania has had a

long history of providing services to kin who

are there to provide safe and stable homes for

children who would otherwise be placed in the

child welfare system, but I think we've also

heard that there's probably work that we need to

do in that regard.

The data that we've been able to collect

from our 67 counties shows that on September

30th of 2016, there were 15,627 children who

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were placed in Pennsylvania's foster care

system. And that of those, the good news is,

12,662 were actually placed in family-like

settings. So we've come a long way in our work

to ensure that children are placed in those

family-like settings.

That includes pre-adoptive homes. It

includes foster family homes of relatives or

kin, as we refer to it in Pennsylvania, but also

non-relative foster homes.

I think that we all know that research

tells us that children that are placed in

family-like settings versus congregate care

settings also have better long-term outcomes.

Their educational needs are better. They are

more self-sufficient, generally speaking. They

end up being not in homeless situations or

incarcerated. So we're doing everything that we

can to ensure that our children are in

family-like settings because that's the most

appropriate place.

And what we're getting proud of is that

really we're spending a lot of time looking and

searching for family members. This legislature

passed the Family Finding Act, and I think one

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of the sponsors is actually over there in the

corner. So we actually have done a lot of great

work since that's been in place.

In 2011, of the children that were

placed in foster family homes, 3,433 were in

relative homes. On September 30th of 2016,

5,385 children were actually in relative homes.

So we continue to do our best.

I think there used to be an adage back

in the day -- and I can say that because I'll

hit 30 years this year -- in child welfare that

there was an adage that the apple doesn't fall

far from the tree. So we didn't realize the

benefits that families would actually provide in

caring for children. I think we've come a long

way in that period of time to recognize the

vital resources that grandparents and other kin

play in the lives of children that are placed in

the formal child welfare system.

Our efforts, really, in supporting kin

began two decades ago, in 1997. Brian mentioned

the Adoption and Safe Families Act, that it

established, really, national goals for the

child welfare system, of safety, permanency and

well-being. Prior to those, what we found is

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that children were really languishing in foster

care. They would spend years in foster care

without permanent resources. They would age out

of our system, and we knew that their outcomes

weren't good.

Many of them ended up homeless, reliant

on other public benefits. But really, we're

looking to make sure that we have a new day.

When children enter the foster care system,

there's a court order goal established. And

we're really looking at those court ordered

goals.

First and foremost, we try to reunify

children with their families. And if they

can't, then we look to find that child a

permanent home through adoption. And then we

look to find either a fit and willing relative

or a permanent legal custodian, as we've heard

about today.

The Juvenile Act was amended in 1998 to

support the requirements of the Federal

legislation. And then at around that time, to

support the ongoing needs of children who had

special needs that were adopted, we actually had

our adoption assistance program, which provides

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subsidies to families who adopt children with

special needs, not just in the form of a cash

subsidy, but also Medical Assistance.

We also then recognized that, prior to

the receipt of Federal funds, it wasn't just

adoption that was achieving permanent outcomes

for children, it really was guardianship. So we

started our permanent legal custodianship

program through the use of State and county

funds only in order to support subsidies to

families who didn't necessarily adopt a child,

but were willing to be that permanent resource

because perhaps they still wanted to be

connected to their families. They didn't want

to go through the termination of parental

rights, as we've talked about, which can be

challenging and concerning.

If you're a grandparent wanting to adopt

your grandchild, it might be challenging then to

explore termination of your child's parental

rights. And so we really began to support our

subsidized permanent legal custodianship

program. We've been doing that since 2001, in

making sure that we provide those resources and

services that are available. So it is the same

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as the Adoption Assistance Program, where you

get a subsidy and oftentimes Medical Assistance

benefits, as well.

And so as a result of our work -- and I

think Brian stole my line that we did this

before it was cool to do it -- other States

began to see that it was something that worked.

And then in 2008, the Federal government

actually began to participate in the

reimbursement to States and counties for

guardianship assistance programs. So we're now

able to draw down Federal funds to begin to

support that work, we continue to do so each and

every day.

But in true Pennsylvania fashion, we

didn't think that we should stop just at what

the Federal government would pay for, because

they support adoption subsidies and guardianship

subsidies for children up to age 21, if they

have been adopted or achieve guardianship after

the age of 16. In Pennsylvania, we took a step

back, we looked at our data, and we recognized

that we have a lot of youth who were between the

ages of 13 and 15 years old who were languishing

in our foster care system. We said, you know

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what, we want to make sure that they support

subsidies up until age 21.

So through work with the General

Assembly, we actually codified that, as well.

And through our guardianship assistance program

and adoption assistance, we will support those

subsidies up to age 21, because we recognize

that children were staying in foster care,

because you could have those supports to 21 for

a child who remained in foster care.

We wanted to make sure that those

supports were afforded to individuals who

adopted or provided guardianship after the age

of 13 because that was important. So because we

had these well-established programs in place, we

were one of the first States in the nation to

actually be able to draw down Federal funds to

support the work that we've been doing.

And over the time that we've been

working on our Kinship Care program, I think we

all know that our definition of kin in

Pennsylvania is very broad. So it includes

relatives, but it also includes individuals with

whom that child and/or family have a

relationship, because we recognize -- I'm an

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aunt to many kids that aren't my blood nieces

and nephews, right?

So I think that part of what we

recognized in Pennsylvania is that there are a

lot of people who care for kids who know family

members, and we want to make sure that they're

supported, as well. And the General Assembly

has been really great about supporting us in our

efforts to move that work forward.

And so our data currently suggests that

in fiscal year 2015-2016, that there were 11,448

children who were supported through permanent

legal custodianship subsidies, and that was

totalling $34 million, with the Federal share

being 10. So again, Pennsylvania's investment

from our State and counties is great compared to

those Federal funds that we receive on behalf of

the children and families we serve.

Thank you.

DEPUTY SECRETARY MORRIS: Good morning.

Thank you so much, Chairwoman Watson,

Chairman Conklin, esteemed members of the

Committee, as well as staff, for this

opportunity to testify on behalf of the Office

of Child Development and Early Learning, OCDEL.

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OCDEL is a dual deputate office. We report to

the Departments of Education and Human Services.

I was really heartened to hear

Ms. Powell say that she was able to access Early

Head Start as well as Early Intervention, two

programs under the auspices of OCDEL, two

high-quality early learning programs that are

essential to putting children on the road to

success.

So Pennsylvania is a recognized leader

in providing access to early care and education

settings for families and children that really

meet their needs. Through the Commonwealth's

subsidized child-care program, Child Care Works,

low-income working families meeting income

thresholds of 200 percent of the Federal poverty

level may receive financial support to assist

with the cost of child care, and that includes

families in which the primary caregiver is the

grandparent.

In 2016-'17, approximately 200,000 slots

for children aged six weeks to 13 years old were

supported through the Child Care Development

Block Grant in the Commonwealth. But decades of

research show that stable high-quality early

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care in education provide both an important work

support as well as laying a critical foundation

for children's later success in life, including

healthy social, physical and mental

developments.

Providers and caregivers who regularly

care for young children can have a positive

impact on children, but instability and the

availability of child care can be a detriment to

positive child outcomes. I think we all know

this. Daily instability, including

unpredictable routines, structure and frequent

changes in teachers are linked with poor child

well-being and teacher-child interactions.

And multiple care arrangements, even

across a short period of time, are linked with

negative child behavior and cognitive outcomes.

Recognizing that a more stable experience

benefits all children in child care, regardless

of their primary caregiver, but particularly for

children whose parent or caretaker has been

displaced, OCDEL is proposing to promulgate

subsidized child-care regulations that allow

continuity of care for the remainder of a

child's required 12-month eligibility period

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during a break-in or following the loss of work,

education or training.

The child will receive a full 12 months

of eligibility for child-care subsidy, as long

as family income does not exceed 85 percent of

the State medium income, which in Pennsylvania

is $90,821 for a family of four, and family

assets that don't exceed $1 million.

When a child's home life is in flux, a

level of stability in the child-care arrangement

becomes much more valuable for the family.

Instability in the child's care arrangement

further disrupts caregiver employment and

education, harms children and runs counter to

nearly all of the purposes of the Child Care

Development Block Grant.

Therefore, the proposed rulemaking also

includes the continuity of care for the

remainder of a child's required 12-month

eligibility period, when there is a change in

the child's primary parent or caretaker. This

ensures continuity of care for children

experiencing the trauma of a parent or caretaker

leaving the home for reasons including: death,

inpatient treatment centers, incarceration or

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military deployment.

The Child Care Development Block Grant

prohibits DHS from acting on information between

12-month redetermination periods that would

reduce the family subsidy, unless the

information provided indicates the family's

income exceeds that 85 percent of State's medium

income. Supporting the family structure in home

and community-based settings is foundational to

holistic and healthy family development,

including families whose primary caregiver is a

grandparent.

Pennsylvania's family centers are

community-based places that provide a variety of

services for children and family members to

become healthy, safe, self-sufficient and

prepare children to succeed in school and

beyond. Family Centers have helped

Pennsylvania's families build protective

factors, including social connections, concrete

supports, knowledge of parenting and

child development, child social and emotional

competence, and resilience that results in

positive outcomes, as well as connecting

caregivers with one another to really build a

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community infrastructure around families.

Family Centers are an early childhood

parent education and family support program

serving families throughout pregnancy until

their child enters kindergarten. Each Family

Center offers a core set of services, such as

the Parents as Teachers Home Visiting Program,

to provide caregivers with knowledge and

resources to prepare their children for a

stronger start in life and greater success in

school and beyond.

Parents as Teachers defines parents to

include: people with relationships to children

which may be biological, adoptive or foster,

grandparents, older siblings or other adults who

create a family for a child. In 1992, the first

Pennsylvania-funded Parents as Teachers programs

were implemented in 13 newly-created family

centers by the Pennsylvania Department of

Education.

Today, Parents as Teachers is being used

by 43 family centers and in other settings,

for a total of 70 organizations with 95 program

sites. Parents as Teachers is federally

recognized as meeting rigorous standards for

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effectiveness and encourages active parent

participation, regardless of how that parent is

defined, in advisory committees and provides

opportunities for leadership in the community.

Pennsylvania Family Centers are funded

with $3,258,000 in State dollars through a

DHS line item, Community-Based Family Centers.

And State funds match $5,783,000 in Federal

funding through Title 4 B Part 2 and

Community-Based Child Abuse Prevention.

Additionally, many family centers augment their

funding with contracts with county Children &

Youth agencies and from foundations and other

fund development activities.

Research shows that Family Centers, by

using the Parents as Teachers model, accomplish

several key outcomes, including: preventing

child abuse and neglect, increasing child

development skills and school readiness and

improving maternal and child health. Currently,

there are 31 Family Center Grants, and close to

7,000 families were served in 2015-16.

OCDEL also provides funding to local

communities for evidence-based home visiting

models. In 2009, through the Maternal Infant

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Early Childhood Home Visiting Federal funding

opportunity, OCDEL expanded services to

vulnerable low-income pregnant women, infants,

toddlers and preschoolers through four

evidence-based home visiting models.

Local communities completed a community

needs assessment and applied to provide Early

Head Start, Healthy Families America and for the

expansion of Nurse-Family Partnership or Parents

as Teachers. In 2009, as well as 2014, OCDEL

also submitted and received Early Head Start

funding through the Federal Office of Head

Start.

Home visiting provides comprehensive

support services based on the selected model,

and services include: parenting, healthy growth

and child development, support of social systems

and strengthening families. There are 31 local

home-visiting implementing agencies, and they're

projected to serve 2,378 families in 2017-18.

In addition to the expansion of

services, this initiative includes supportive

practices to assist with the prevention of child

abuse and the early identification of children

with special needs or developmental delays and

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supports for multi-generational families. And

in the case of Early Head Start and Parents as

Teachers, it would support Kinship Care

families.

I want to thank the Committee for your

continued support of children and families who

are achieving permanency through lasting

connections as well as gaining positive outcomes

in child development and developing stable,

caring relationships, regardless of who their

primary caregiver is.

Thank you so much.

MAJORITY CHAIRWOMAN WATSON: Thank you,

Secretary. I have to turn this on, but thank

you, Secretary Morris.

And indeed, if the other testifiers want

to come up and grab a chair so we can ask

questions, I think our group has questions to

ask.

Mr. Grasa, will you write down, so we

don't forget everybody's name as to who wants a

question?

I would like to just -- I'm not sure if

it's a question I'm about to make or a

statement, but I would suggest that what this

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hearing is about -- and we thank you for that --

is to come up with ideas that we will turn into

legislation, solutions, changes. I had hoped,

too, that indeed the broad base that we had come

and testify, you would learn from each other and

this would be a beginning for us because I

absolutely believe that this is beyond

phenomenon. This is simply a change in family

structure, and it needs to be accounted for in

order for children to succeed.

And constantly, I'm the one who says,

I'll give children a voice. And I know most of

my colleagues here have done that, I think some

of them for a very long time, because they don't

really have a voice. And it was important for

you to be here, Mrs. Powell, because

grandparents need a voice, too, in this.

In other words, it isn't a solution that

six legislators from various parts of the

State -- so we accounted for the geography --

were going to come together and figure out. It

will take a lot of us together. It has nothing

to do with how you are politically registered.

It does have to do a little bit with

geography because there are different things,

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and that was something I was going to get into

and ask, to account for the fact that what I'm

hearing from my good friend, Representative

Pashinski, in his area, at least grandparents

saw a need and got together. There isn't such a

thing -- I'm in the southeast, lots of people,

but if anything, I would think it's gone the

other way, where a lot of times, people, they

handle it, but they don't want you to know

because they're embarrassed that this has

happened to their children. They see it somehow

as their fault, and so they want to take care of

their grandchildren.

I also think, quite frankly,

Secretary Morris, that I know we've got

educators who know the situation, but they kind

of overlook some things and we get this child

registered in school beyond that 60 days, but I

think there are technical things that we should

be able to change. And if we pull it all

together, ladies and gentlemen, I think we'll

have a series of bills that will work on this

segment of our population and protect this

segment of children along the way.

So that's why we have the Executive

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Director from the Aging Committee here, because

we see it as something, between us, we can work

together, and we will make lives better for

those who are the grandparents, but lives better

for those who are the children. So with that as

the background, I would like to then start.

Representative Conklin, you had a

question, a comment?

MINORITY CHAIRMAN CONKLIN: Thank you.

Mrs. Powell, I wanted to thank you for

giving your story. You're about the same age as

I am, and it's only by the grace of God that my

children are able to be self-sufficient, but I

do have family members who have gone through

what you have gone through. My heart goes out

to you.

My question is more for Brian and Cathy

and Suzann. And this is a rather difficult

question to ask because it really isn't a

solution, but you may have an idea.

As many of us talk about our past

lives -- I was the county commissioner. Now, to

most people, if you're in a small County, not a

lot happens. If you're in a big county,

somebody does something. Or if you're in Centre

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County, that means you're medium-sized so you

had to do everything. And the reason I ask this

question, we oversee the jails. We oversee

Office of Aging, we oversee Children & Youth,

Transportation, across the board. And there was

this term used that we don't use in the public

very often. I shouldn't use it on television.

But many times we would sit down with

the Department heads such as yourself, and we

would call it the latest line item. And the

reason we would call that, whether flattering or

not, we realized that the grandfather or

grandmother was in jail. The father of the

child who wouldn't be married was also in the

jail or in the system, had been arrested

multiple times. The mother had been arrested

for drugs or maybe shoplifting, and they were

expecting a child that was to be shortly born

and that would come into the system, because

quickly, it was in services across the board.

And I know it goes against parents know

best, you know, the political term as many of us

used to say, but if everybody in my position

believes the parents know best, maybe we should

do the Parent Swap Program, where these parents

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can have your children, you can take theirs.

This is a long-winded question, probably

a short answer, but not easily done. In many of

these cases, we've already identified when this

child is born that they are going to struggle

through life, starting early. Is there any way

legally that you could think of that we could

begin these early intervention programs with

because we know, as soon as they're born, we

know, because of the past, because of the

grandparents, because of the parent, the uncles,

the aunts, that their chances of making it are

much lower than what many children are.

Is there anything that you can think of

that we could do without taking away somebody's

rights or a way that we can get these in early

intervention. I know that we have Head Start

programs. We have places like Cen-Clear Child

Services, places that get involved, but it takes

the parent to get involved with them, which

works out great, but any other ideas that you

all would have?

DEPUTY SECRETARY UTZ: There is -- I

think one of the things that we're seeing in the

field of, you know, child welfare and human

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services in general is that in the past, there

wasn't the evidence-based, right? So we've

always had evidence-based programs and solutions

and treatments in the science field, right? But

in Human Services, we haven't necessarily had

those.

And so I think we're beginning to really

use the information and that science and

evaluation to our benefit to be able to say,

what could we do differently, and are there

evidence-based program that work with particular

populations and individuals? One of the things

that is merging right now -- emerging, sorry --

in our field is what's called predictive

analytics. And so they use it in other

industries.

We actually engaged in a conversation

through one of our foundation partners that the

airline industry uses in how you can potentially

pre vent other plane crashes from occurring. So

we're actually trying to do something similar.

We have a few counties that are really

interested.

We've been paying attention to

predictive analytics and really being able to

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say, if you have a certain set of

characteristics and you may then come to the

child welfare door, is there other early

intervention that could happen to prevent that?

So there's kind of a lot of folks,

there's probably some controversy, and folks

will look at it is, are you doing something

that's targeted; are you particularly

identifying people? I think we're looking at,

is it something that, you know, just brings to

light more poverty-type situations, but there

are things I think we're trying to look at.

And so that's a probably long answer,

too, to say there are things on the horizon. I

think we're all trying to figure out whether

they work and what are the pros and cons because

it's something that's really new in Human

Services.

MR. BORNMAN: The only thing I would

add, I agree with the predictive analytics. The

modeling behind that has done some very good

work in terms of lowering mortality rates in the

areas that it's been implemented. Mostly

notable, I think Los Angeles County, a number of

years back, was really where it came out big and

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had a tremendous reduction in, particularly,

young children dying with involvement with the

Children & Youth.

But beyond that, I have seen a few cases

in which there's been so much and so frequent

involvement with a particular family that when a

child is born, there was sufficient grounds to

actually pursue dependency right at birth, based

upon history. But it generally had to be fairly

recent history and of a nature that it's not

likely to have changed since the agency's last

involvement because, obviously, the longer it

goes time wise, the less value there is to that

history.

DEPUTY SECRETARY MORRIS: And I think to

that end, considering early learning as a

resource, we do have evidence-based home

visiting models, but they're not reaching nearly

enough families. And to the point of where they

are being allocated, we depend on communities to

tell us what their needs are.

But being able to use something like

predictive analytics and data that will allow us

to have a much more targeted approach, to have

an evidence-based home visiting program, such as

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Nurse Family Partnership that works with parents

as they're pregnant even, before birth, can

provide an intervention, I think, that can

really support a holistic family and stable

environment for children as they're growing.

But none of that is going to work if the

programs under my auspices aren't speaking to

one another. So home visiting, while it can

certainly support the holistic family

environment, we know that children need to

continue to learn and grow and thrive. So to

the end that OCDEL can support all of our

programs in working with one another so that we

have a life course option for children, so as

they're moving from home visiting into whether

it's Early Head Start or a child-care program or

Pre-K Counts, those adults in that child's life

are connected and speaking the same language and

are really building a support wall around the

children, because we know that's ultimately what

breaks the cycle, is when children have the

healthiest possible start that they can have,

but that it continues well into K to 12, as

well.

So we're really thinking in terms of

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integration and alignment at OCDEL, but beyond,

as well, in working with our partners in DHS and

are really challenging ourselves to ways we can

do that at the local level.

MINORITY CHAIRMAN CONKLIN: Thank you.

Thank you, Madam chairwoman.

MAJORITY CHAIRWOMAN WATSON: All right.

Thank you. You sparked a million questions, but

I'm supposed to be responsible. I'm the

Chairperson, so I'm not asking.

We'll move to Representative Madden.

REPRESENTATIVE MADDEN: Thank you,

Chairwoman.

I would first like to say thank you to

Mrs. Powell for her passionate and informative

testimony. If I may share a quick personal

story, my mother struggled with alcohol

addiction, and by six months, I was being raised

by my father and my grandmother. And I can tell

you that your granddaughter will be forever

grateful to you and your grandfather -- husband,

I'm sorry -- and her grandfather.

But your testimony sparked a question in

my mind for Secretary Utz, actually. So

Mrs. Powell talked -- spoke about, you know, not

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really being able to get the services that she

felt she needed through Children & Youth and

that there was a real disconnect to, you know,

the statistics and the things that you and

Secretary Morris were speaking about.

How do you think we can, you know, get

down to the local Children & Youth and those

counselors and provide them with more

information and resources and training, so that

when Mrs. Powell goes for help, she's feeling

like she's actually receiving all the knowledge

and all the information and counseling that she

can get to help her?

DEPUTY SECRETARY UTZ: Yes. And I think

that's one of the things that we want to talk

about, right? So I think that anybody who calls

a Children & Youth agency should at least be

able to get some answers to their questions,

right? So I actually, as she was testifying, I

had tons of questions for her, but I know that

that's normally what we do, so I'm going to have

to talk to her after the hearing.

But I think a lot of what we have to do

was determine, is it placed, is the best place

for this program to be housed in our county

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Children & Youth agencies or is it somewhere

else?

So we've heard a little bit about

Kinship Navigator programs, right, and other

community-based programs. So is there a way to

build the same type of program or the structure

that we want outside of the Children & Youth

agency?

They could talk to one another. We

could provide support, but I think that even she

talked about some of the concerns with making

phone calls to Children & Youth, the stigma,

right, that goes along with that, the challenges

that are there because if you're coming in to be

involved with our system, there are then the

parameters.

You have to be approved as a foster

parent. She mentioned, you know, the six-month

period of time to be able to get that, and it's

not just one agency. So I think that we

recognize, as well, she expressed some concerns

about, you know, public benefits. And so having

that all in the Children & Youth agency may or

may not be the best place. And I think that's

one of the things we would want to look at.

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We've heard about Kinship Navigator

Programs. We've heard that they have worked and

they've been very successful. So is there a way

to start in a, perhaps, a structure like a

Kinship Navigator program, but then reach out to

the Children & Youth agency if something goes a

little bit farther down the road?

So I think there are a lot of things

that we could do and then engage in

conversations. And I'm not sure, we always kind

of look to one agency to fix all of the

problems, but I think it's much beyond that,

right?

So we've talked about a lot of this is

emerging and going much broader than just the

substance use disorder, right? It's starting

there, but it's having ripple effects across the

board. So how do we make sure that there's a

coordinated approach that's occurring and that

we're just not going to one agency to say, here,

you fix this solution?

How do we make sure that as we build

this, we build it as a community program that is

going to meet all of the needs?

Because the legal services, you know,

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Brian talked a lot about that and how families

need the support from legal services aid. We've

heard that there's a lot of, you know, attorneys

that are doing pro bono work that might not be

tapped. And so Children & Youth agencies aren't

going to have all of that knowledge. And

they're, you know, dealing with a wide range of

information.

So is there a way to make sure that we

have community programs that are going to build

that?

So we might have to establish it outside

of just the Children & Youth agency.

REPRESENTATIVE MADDEN: Right. And as

you're speaking -- as you're speaking, I'm

thinking about Mrs. Powell's testimony and about

how, you know, that maybe Area on Aging is

getting into the picture, too, because there are

so many grandparents who are raising their

children.

And in my district, in the same

building, Area on Aging is right next door to

Children & Youth. So maybe it would be a thing

where grandparents are taking their

grandchildren to senior discount dinners, you

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know, that they have throughout. We hear about

how uplifting and encouraging it is for seniors

to be exposed to young children, so we could

really truly make it a community effort to -- it

takes a village -- to raise these children, if

we all thought out of the box and how to best

serve these children and the grandparents

raising them.

Thank you for your testimony. Thank you

to everyone for coming out today.

MAJORITY CHAIRWOMAN WATSON:

Representative Solomon.

REPRESENTATIVE SOLOMON: Thank you,

Madam Chair. Thanks, everybody.

Representative Pashinski had mentioned

some statistics. Do you know, in Pennsylvania,

how we track them and whether we tease out those

grandparents that are cohabitating versus those

that are just providing child care in PA?

REPRESENTATIVE PASHINSKI: I think it's

multiple groups of sources where we're getting

this information, and we're trying always to

verify it. I think the main point that has to

be made here is that we're now finally coming to

the point that this is a problem. And I think

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there are a lot of grandparents that have not

revealed themselves, as Chairman Watson and

Chairman Conklin had indicated earlier, that,

you know, there are some people that are just to

embarrassed to reveal their issue and they try

to deal with it alone.

I think the testimony by Mrs. Powell has

given you a bird's view. You are right there.

She has experienced all of this. This is the

same kind of testimony I've received from

countless other grandparents in a similar

situation. And she has identified all the

various hurdles, the roadblocks that we have.

Mr. Bornman recognized those in the

legal system. Now, the question is, can we find

the solutions to those roadblocks? But keeping

in mind, hopefully, what I tried to emphasize

earlier, you know, the law was created based

upon two loving parents that still wanted to

love and nurture their children, that couldn't

because of a circumstance. The opioid situation

has changed that dramatically. They physically

can't; mentally can't. So now the burden is now

on the State.

We talked about Nurse Family Partners.

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We talked about all of those outstanding

programs that work. And the Nurse Family

Partner, taking it from prenatal into postnatal

and then into early intervention, pre-K. We

know that those prevention programs work. We

don't have enough resources for everything.

You know, we as State legislators have

to try to figure out where we can come up with

enough dollars. What I'm hoping comes out of

this hearing is that each one of us is going to

be very open and frank relative to, what do you

need, Mr. Bornman, what has to change?

Deputy Secretary Utz, say it as it is,

you don't have enough money for this, you don't

have enough people in this area. What do we

have to do? Because what we're trying to do is

prevent these kids from then becoming a larger

burden.

Now, many of us in here are old enough

to remember the FRAM oil filter commercial.

Does anybody remember the FRAM oil

filter commercial?

Well, an oil filter is really important

to the health of your automobile engine, or any

kind of engine. The advertisement was, you can

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pay me now or pay me later. And the oil filter

was, say, $10. You can pay me $10 to preserve

your engine or you can pay me $3,000 to fix your

engine. This is where we are.

I think we've heard enough testimony,

and I think we have enough people -- and of

course your good leadership, on behalf of

Chairwoman Watson and Chairman Conklin and all

of the members here. I think everybody cares.

How are we going to fix it?

What are the things we need to do?

Where are the dollars going to come

from?

How do we prioritize it?

And also, the realization that we never

have enough resources for everything, but we can

certainly give it a good try.

REPRESENTATIVE SOLOMON: Thank you.

Mr. Bornman, you had talked about the

Kinship Navigator Program in other States. I'm

just interested how that works. What are the

qualifications of the folks that you're calling

into?

And then, how long do they stay with the

family? And is it one point of contact?

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So will one person at that one agency be

kind of the point of contact and then navigate

those persons through State -- other State

agencies?

MR. BORNMAN: I can tell you that it

really varies state to state, in kind of what

that looks like. But in general, the theory and

the concept behind it is that it's clearing

house. And the level of ongoing involvement is

really going to based upon how the particular

program is set up.

I would have envisioned, for

Pennsylvania, something along the lines of a

Kinship Navigator Program that acts as a

clearing house, but also has that legal

component tied to it. Because as I mentioned,

just that opportunity to sit down and speak with

an attorney to really kind of understand what

the parameters of your rights are goes a long

way towards easing the discomfort and the

concerns that arise out of those types of

informal custodial arrangements.

I think that in and of itself would be

an invaluable piece to it.

REPRESENTATIVE SOLOMON: Thank you.

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And Mrs. Powell, I just wanted to ask

you, you had a whole host of issues you brought

up, improvements. If there was just one, one

thing that we could do here in the legislature,

what would be the first thing?

MRS. POWELL: Be proactive.

REPRESENTATIVE SOLOMON: In what way?

MRS. POWELL: Don't go back to try to

fix a problem, try to prevent the problems; get

out of the box; communicate with each other.

Stop looking at the people who are trying to

help fix the problem as your resource, open up

the resources you already have. Base it on the

need; the need is with the child.

REPRESENTATIVE SOLOMON: Thank you,

everyone. Thank you, Madam Chair.

MAJORITY CHAIRWOMAN WATSON: Yes. And I

think, Representative Pashinski, you had the

bill, the Navigator Program. So why don't you

-- I think he would have some more information

for Representative Solomon.

REPRESENTATIVE PASHINSKI: I just wanted

to make sure that we understand, the Kinship

Navigator was primarily a source where

grandparents could relate to that source, but

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that was generally a computer. We did the same

thing here.

When the Senate didn't pass what we were

proposing, we then organized our own computer

service so that our grandparents could go on my

website and be able to navigate through that.

It's not actually like we're having a person

that will be your chief counselor and will take

you through the source.

So I want to make sure that it's clear.

We are now, on our own, trying to take what we

have on the network and try to put it in a

booklet form, because, again, most -- many

grandparents don't have a computer, many don't

know how to operate it. So we're trying to find

other ways that we can get the information to

them.

Again, as Representative Watson pointed

out, in the northeast, we at least have a

community network, a support system, where then,

when I get a call from grandparents that are

having difficulty, I will refer them to certain

people in the district that will then help them.

But, you know, the idea is to demonstrate that

this is not just in the northeast, it's all over

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Pennsylvania, and as we said, all over the

United States. So it's incumbent upon us to

address that, you know, with a lot more fervor.

MAJORITY CHAIRWOMAN WATSON: Thank you

for adding to that. And yes, I think we need to

remember that, as good as we think, oh, we can

put everything on the computer, lots of people

are not computer literate. It's expensive to

have that wireless in your home. So we need to

have ways and systems, and certainly, I think

your group serves as a model, that even

regionally, we need to start networking people

together.

Representative Conklin and I both have

had experience in county government. I just

said I don't think Children & Youth would be --

to house all of this, but a county courthouse

could house all of this and be the focal point

for, muck like OCDEL does, combining resources

together and serving as a point where you could

go.

I particularly like the idea of a

resource book with a basic framework that would

be statewide, but then have the specifics for

your local county where you go, and certainly a

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list of attorneys or your local Bar association,

that they have a group that's ready and can

advise on domestic relations issues, and they'll

work pro bono and set something up. Gee, and

where might you meet? You can meet at the

county courthouse.

And commissioners are responsible --

Mr. Bornman, I was secretly getting to you -- to

take that back. But indeed, having -- I was the

deputy administrator for a county commissioner,

so I'm familiar, but they are responsible under

the law, under the county code for the welfare

of children, Children & Youth.

This, in some ways, would fall under it.

We would give them a place to be. That gives a

focal point to our grandparents of where they

can go. And following your model, which is a

good one, we set up services there or at least

people then that they can contact because

support groups are good.

And I think in thinking out of the box,

Mrs. Powell, I would like to say that I also

think we involve a network of churches that have

outreach and groups like that, civic groups,

certainly our PTAs in schools, if you have that,

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that they become more aware and kind of serve as

a focal point to pull people together because we

need to get rid of the stigma of, well, then,

something went wrong in your family.

No, nothing went wrong in your family.

These things happen, which is frightening.

Representative Conklin said it best, but by the

grace of God. And that's true, God, fate, I'm

not sure why, if you're spared or not. But we

all know somebody in our extended family that

hasn't been, particularly with the opioid

crisis. And the sad part is, we are talking

about it and it still grows. That's the scary

part.

Children still need that voice, and they

need to be protected. I would argue that we

need a special category for these grandparents

because they're not foster parents. They need

their own ways. Legal has to respond to that to

give them greater access or control, without

declaring my son to be unfit or whatever it

might be. I think we should be doing those

things, recognizing it, and then the system

works better.

And I am sure that our -- I think our

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last person with questions is

Representative Toohil, who always has more ideas

than I do. So Representative Toohil, go ahead.

REPRESENTATIVE TOOHIL: Thank you,

Madam Chair. And thank you to

Representative Pashinski for championing this

cause. It's so important.

We hear, with the drug epidemic,

constantly, daily, these families that are in

crisis. And I think that the grandparents are a

great model of what's going on. And obviously

you have aunts and uncles that are stepping in,

family members that are stepping in with the

same issue. They're like, our kids are already

in college. And they're having to fight for

nieces and nephews, just like Lotte Powell.

Wonderful testimony. Thank you for

coming here and talking to us today. Because

really, only when you're living it can you

adequately convey to people what kind of issues

you're having. There's a -- so you have

families in crisis and then you have a lack of

communication. And the system is so complex, so

it's hard for the caseworker -- when you get a

caseworker -- they're not always able to say,

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well, you know, it's going to go exactly like

this.

And sometimes I think they have to be

stand-offish, because caseworkers, at the same

time that they're dealing with the foster

family, they are also having to, on the other

side of things, try to provide, say, you're

supposed to go to this class, and you're

supposed go to these services, and you're

supposed to attend visitation. So you have

these caseworkers that are getting pulled in

both directions.

So you have the foster family situation,

the situation of parental rights and what the

parents need to be afforded, and the child just

gets lost in the mix. One thing I think our

Committee needs to look at is when you're

looking at OCDEL and early intervention and all

of those services, you have foster grandparents

that have no idea that they can get free

subsidized child care. If the foster

grandparents are living in the house, they might

be denied that.

And I think we need to look at, under

the CCIS child-care subsidy, that foster

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children should just be immediately approved and

immediately able to go into zero to three early

intervention because they get all of these

experiences with children. They get the

stability of daycare and learning, and that's

why so many of them are developmentally delayed

because they've been pulled in and out of

school.

Sometimes the 7-year-olds, 10-year-olds,

they've missed I don't know how many days of

school. And foster parents don't know. So

there's a lack of written foster parent rights,

and I guess they can always go under the

auspices of best interest of the child, that if

it's the best interest of the child -- because

these foster grandparents are putting everything

out there, and then these cases will go on.

They'll languish for three years, and then a

putative father can come in three years later

and just upend everything. And the foster

grandparent doesn't have any first right of

refusal to say, like, hey, I've been here. I've

been doing this for the best interest of the

child.

So I think immediate child-care

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subsidies. I'm just trying to process what

Lotte was kind of saying. And the foster parent

right, or foster grandparent rights, we need to

look at.

And even right now, as we're sitting

here, it's like one of the first day of summer

for so many foster parents and foster

grandparents. They're probably like -- the

children are out of school, and they're going to

go three months without, probably, summer camp

because nobody can afford it. Everybody is so

busy running between parental visitations and

court and caseworkers coming to your house, that

these kids are not getting counseling.

The, I think foster grandparents, you

just had to fight against your own child for

best interest of your grandchild. That's

traumatic and stressful, and you have your own

emotional issues because of that. And then you

have a child that could have been neglected, you

know, for three years living with drug addict

parents before they were able to get Children &

Youth to come in and help. So there needs to be

funding for all of this counseling.

There are victims. The children are

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victims. They should be afforded counseling.

So there's a lot that we can do, I think, if we

break it out that way.

And I guess my question was for

Deputy Secretary Morris. Do you, under OCDEL,

do you deal with CCIS?

Because I guess nobody knows it's CCIS,

and now it's too late. The foster grandparents

just got their child, their grandchild, placed

with them; it's too late for them. Sometimes a

nice county will cover summer camp or child-care

services, and then you can apply and wait six

months for your CCIS to be approved.

DEPUTY SECRETARY MORRIS: So CCIS is

under OCDEL. We oversee all the CCIS agencies.

Just to clarify, a family can apply for a

child-care subsidy at any time of the year. It

does not have to be tied to the school year.

However, we do have a significant wait list for

eligible families.

Currently, we're at almost 13,000

families that qualify for child-care subsidy,

which means they have been determined eligible,

which means they're meeting either the work

requirement or the work and job training

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requirement, which is required by the Federal

mandate of the Child Care Development Block

Grant, as well as the income threshold of being

200 percent or below the Federal poverty level.

So to that end, we do know we have a

great need, not just for our foster grandparents

and foster parents, but for our families as a

whole around child-care subsidy in the

Commonwealth. In terms of getting resources to

our grandparents and thinking proactively, I'd

be very interested to work with Ms. Powell to

learn more about how you were able to find out

about Early Head Start or child-care subsidy, if

you heard about that at all.

We are in the process right now of

rethinking of how we do business of child care

across the Commonwealth. We're getting ready to

release a competitive application for what we're

calling the Early Learning Resources Centers,

and really trying to think, from the experience

of the child of the family and of the caregiver.

The Early Learning Resources Centers

will be community level resources centers that

are meant to have a no wrong door approach for

families that are actively looking for any type

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of support service that's in the early learning

spectrum, including early intervention for their

children. And that would be -- those

applications should be released, the RFA should

be released very shortly, with the idea that

they would roll out in 2018-'19, but I would be

very interested to hear your thoughts on that

application and how that could look at the

community level, in terms of making sure that

children are receiving the services that they so

sorely need and deserve.

REPRESENTATIVE TOOHIL: Excellent. We

like you already. If you want to provide us,

hopefully, with the people that are on the wait

list, that 13,000, and maybe how that number has

fluctuated over the past, like, 2-year period,

and just what that would cost us, it would be

wonderful.

If you can provide it in writing, then

maybe we could parse through it as a Committee.

DEPUTY SECRETARY MORRIS: I can

certainly provide that. I can tell you we're at

historic highs for the wait list. The wait list

has not been this high ever. And we have seen a

fluctuation where it's grown substantially over

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the past six months. And so we try to track

trend. It's often hard to get down to what

exactly drives the wait list because it's a

mixed bag of reasons, but certainly we are

experiencing record highs in terms of how many

families are being determined eligible, but we

don't have the resources to meet that need.

And I can provide in writing what that

would cost.

MAJORITY CHAIRWOMAN WATSON: All right.

Thank you, Representative Toohil.

Last one, because we are under the gun

for time because session is about to start --

REPRESENTATIVE MILLER: Thank you,

Madam Chairwoman.

MAJORITY CHAIRWOMAN WATSON:

Representative Dan Miller.

REPRESENTATIVE MILLER: Real quick with

it, I appreciate all of the testimony here

today. I just want to mention a couple of quick

things. We've heard a bunch of comments today,

you know, I would say that the overall -- we

have the best interest concern for the child,

and we also have the legal precedent of who has

parental rights.

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So the parental rights, both in our

statute and clearly identified through the

Supreme Court, is a guiding issue for us here

with how you're combining these things. You're

also, I think, dancing between two different

worlds.

I don't want to go through foster care;

I do want to go through foster care. And again,

whether we like it or not, this body has created

that difference and distinction with how it

attaches funding and how it attaches other

requirements, too. So there are too many of

them for me to say in a minute, but I would just

respectively say that there was no -- in my time

as a county solicitor -- there was no more

confusing or complicated cases than dealt with

grandparent intervention in one way or the

other. They were the most confusing aspects to

parse our way through, in relation to who

actually had parental rights, and what the

government has to prove in order to impact,

impede or change those situations.

So for those of us who are always

interested, or in particular, recognize the

importance of parental rights, I would just

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highlight that this is not a small issue.

The other thing that I'll quickly say to

it is funding across the board. The starting

caseworker in Allegheny County makes $28,000.

The parent advocates now, the parent advocates

who are in Allegheny County right now, do you

know how much the State pays or helps pay for

them? Nothing. Zero.

So I love the Kinship Navigator ideas.

I think that could be very helpful, and I

definitely think more information is important.

But just to emphasize the point that we have

here, established in our statute and in our law,

the importance of parental rights in deciding

when the government can intervene, but we do not

fund it at all.

So now we have these people -- you know,

if you can get away with making $37,000 maybe

out of law school starting over at the parent

advocates starting in Allegheny County,

congratulations. You've got $37,000 and a big

caseload to deal with.

So I just want to reference both points.

I apologize for the shortness of time with it,

and I appreciate the add-ons here at the end.

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But your issues -- and ma'am, thank you so much

for your testimony -- big impactful issues, that

to me, were just scratching the surface of how

to integrate and work between the non-dependency

world and the dependency world.

Thank you, Madam chairman.

MAJORITY CHAIRWOMAN WATSON: Thank you,

Representative.

And a big thank you to each of you for

your time, for your expertise, your willingness

to participate. And by the way, if you thought

this was a one-time deal, no. We'll be back

talking to each of you.

This Committee has taken this charge,

and you can see, will not let it go. It is,

like all of that spaghetti that somehow got

stuck at the bottom, but one by one, we're going

to pull those strands out of that pot and we

will fix things. Maybe not in my lifetime, but

we're going to fix them.

You have to fix it?

All right. We're going to fix it in my

lifetime, which would be very good.

But very seriously, we need to fix it

all for the children because these children need

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a voice, and they need to be protected and safe

and in a permanent place where they can thrive.

Thank you very much.

(Whereupon, the hearing concluded at

11:00 a.m.)

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C E R T I F I C A T E

I hereby certify that the proceedings

are contained fully and accurately in the notes

taken by me on the within proceedings and that

this is a correct transcript of the same.

_______________________________

Tracy L. Markle, Court Reporter