Bill could extend child welfare pilot project

A pilot project authorized as part of the Legislature’s response to the state’s troubled child welfare reform effort would be extended under a bill heard by the Health and Human Services Committee Jan. 22.

Efforts undertaken by the 2012 Legislature to address child welfare reform included returning child welfare case management to the state Department of Health and Human Services (DHHS) except in the eastern service area (ESA), where the department was allowed to contract for lead agency case management as a pilot project.

As introduced by Omaha Sen. Bob Krist, LB660 would extend that pilot project, currently under contract with the Nebraska Families Collaborative (NFC).

Krist offered an amendment to the committee that would allow DHHS to extend the contract before June 30, 2014. The amendment also would require that the pilot project be evaluated to determine whether case management should be returned to DHHS and whether private contractors should be utilized in the case management process.

Evaluation results would be reported to the committee, DHHS and NFC by Dec. 31, 2014.

Krist said extending the pilot project would provide stability and continuity to case management in the ESA, which contains approximately 40 percent of the child welfare cases in the state.

“We can’t afford any more destabilizing efforts,” Krist said.

Lawrence Kelley, an ESA foster parent for over 10 years, testified in support of the bill. Kelley said the more than 100 children he and his wife have cared for in that time have suffered from continued disruptions in the child welfare system.

“Stability is the greatest gift we can offer a child while they are in care,” Kelley said. “Their world is already rocked when they come into care; they’ve lost everything.”

Sara Forrest of Voices for Children in Nebraska also supported the bill, saying continued evaluation of service provision in the ESA will assist with ongoing reforms in the system.

“We need the best information to make those improvements and decisions,” she said.

William Reay, CEO of OMNI Behavioral Health, testified in opposition, saying he believes the bill violates a constitutional prohibition against special legislation.

Reay said the state’s “ongoing favoritism” toward NFC would be perpetuated by LB660.

“Legislation that benefits a single entity … is unconstitutional,” he said.

Krist said the amended version of the bill would give DHHS the option to extend the pilot project and would not require that the contract be awarded to NFC. As a result, he said, the bill would appear to be constitutional.

“I believe we’re on solid ground with that,” Krist said.

The committee took no immediate action on the bill.