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Senate | June 24, 2016 | Chamber | Senate Health

Full MP3 Audio File

[BLANK_AUDIO] We are waiting on one more member to be able to call the committee to order. [BLANK_AUDIO]. [BLANK_AUDIO]. First I would ask [INAUDIBLE] to recognize our pages, I have Osten Davis, is here, okay and Shawn Thomas, thank you all for being here today as we've seen this on. And for our sergeant at arms we have John Inlowe and Gauss Geoffrey. We'll go ahead and begin on the first bill, House Bill 424, Fostering Success, we do have a Have a PCS Senate Pate will move to bring the PCS for us for consideration. All those in favor please signify by saying aye. >> Aye. >> Aye's have it. Thank you Senator Pate. >> Thank you Mr Chair, A little background on this, the concept of, this was originally presented and voted out unanimously from the senate, in senate bill 652. Very briefly let me explain what this bill does, and the good portions of it. It came to my attention about 18 months ago, two years ago that there's a significant problem in many states or all states particularly North Carolina of parents who have found themselves in crisis situations with their children. Who are at their wits end going on the Internet, perhaps on Facebook sharing that with their Facebook community they may have a child that's become violent, they may have a child that is threatening or is trying to burn down their house and these families are desperate. They go on the Internet and they find someone on the Internet that is willing to actually take their child. Accept their child and these families are in a crisis, and so I have the greatest empathy for those families. However, to meet a stranger on 85 in a rest stop, at a McDonald's or some other place and hand your child off to some complete stranger is unacceptable under any circumstance. And what this bill does, and it is a PCS from that original bill 652, it is now a stakeholder bill, the Department of Health and Human Services worked on that along with their lawyer, the attorney general's office. A tremendous numbers of stakeholders including the North Carolina Bar Association and members of the bar that practice adoption. And we have a bill now that prohibits that activity but does so so that it does not get in the way of appropriate child placement and adoption. It also applies to all children not just adoptive children, because they're both families who have similar situations who find themselves in crisis. My favorite part in the most improved part of this bill, you'll find in the very last part of the bill and it is in section five, and it is a directive that The Department of Health and Human Services will collect data on these disruptions. And then also that they will develop a plan to provide needed support to the families at risk for this. On one hand it is completely unacceptable for these families to hand them their children off to strangers. Because frankly there are documented cases where these children have gotten into the hands of human traffickers, and others who are going to do ill to the children. But by the same token, what we want is healthy families in North Carolina. Families that can stay together. Families that can be helped by this and so I'll also want to add that this comes with the full endorsement of the Child Fatality Task Force, Karen McLeod is here in case there're any questions of that. I also would like to thank Representative Steven, who has cooperated and helped and collaborated on this bill and particularly with the PCS. The House Bill 424 was originally one of her bills and so I appreciate her work and the collaborative effort of all of the stakeholders, and all the people interested in helping families in North Carolina, and I ask for your support. >> Questions or comments, members of the committee? Senator McInnis. >> Yeah. First I wanna thank you for bringing the bill forth. The thing that I am curious about because the way this summary is prepared it refers to the permanent transfer of custody. And of course what comes to my mind is if it is a temporary transfer of custody rather than a permanent transfer of custody. We're not fall within the scope of the bill. Is that a correct interpretation?

>> In my mind, it is. Because there're a number of temporary, and I'll certainly be willing to work with you if we need to flesh that up. This has a serial referral to J1 on Monday. But our concern is that we do not wanna get in the way of temporary custody such as people who're in the military that're going to be the deployed amongst family members for health reasons, or even in incarceration situations if the child is going to someone that they know or the family knows or to another family member. So it's a real balancing act there. But I agree with you Senator McKissick if your point is, is that we don't want these children transferred temporarily or permanently to strangers who do not have an interest, the best interest in the child at heart. >> Follow up, Mr. Chair. >> Follow up. >> Yeah I think it just creates a potential for someone to execute a document that could be written up pretty simply that would transfer temporary custody, and it could still be for some improper purpose. And it falls outside of the scope of the sanctions provided here. So I mean, at appropriate time I'll go ahead and make a motion to move it forward, but it just pops out in my mind as something that potentially needs to be addressed, and to sit on J1 we can talk about it further. But I'm not sure that type intentional omission of it can be carved in a way that makes it possible to bring that within the scope as well. You might wanna think about it. >> Mr. Chair. >> That is a point well taken particularly Representative Stephens points out that on page one, line 29 perhaps we will look at the deletion of the word permanent there Because we do have very specific curve outs for as many temporary situations that we could of, and the stakeholders could think of to make sure we did not run a foul of a good intentioned transfer. So if you would work with us on that I would certainly appreciate it, and as I said that may be the corrective measure on line 29. >> That will take care of that concern, thank you. >> Senator McKissick has moved for a favorable report, any other comments or questions? Hearing none, all those in favor of the PCS for House Bill 424, rolled into committee substitute. >> [INAUDIBLE AUDIO]. >> Okay so, yeah they did amend it sorry never mind. For the committee substitute 424 unfavorable to the original bill, please signify by saying aye. >> Aye. >> All opposed no. The ayes have it , thank you. Senator [UNKNOWN] will handle that on the floor. >> Yes [INAUDIBLE] >> So J1 Next we have house bill 1033, I think representative [UNKNOWN] is here the ID card fee waiver. [BLANK_AUDIO] >> Thank you, Mr. Chairman, members of the committee. The Bill before you today just simply adds category to our fee waiver for the state ID card, and that is for developmentally disabled. A couple of things have happened that have brought this forward. One is that, when some of our developmentally disabled individuals have gone down to the DMV for a voter ID. They neglect it to say voter ID and they were charged for it. So they had to go back through the back up process and that sorta thing. There's also an issue in non voting age that was brought to one of our members. The family simply wanted their child in the system. This one of those things where we have an official identification and a lot of times we end up with amber alerts or Silver alerts the description comes down as brown hair and brown eyes, well that's about 75% of this room so that's an issue that we have there. So we just fell like with adding the [UNKNOWN] it will eliminate some of these issues, and is no financial cost to the state and I think will be service to our citizens. Thank you. >> Senator [UNKNOWN] moves for a favorable report to House Bill 1033, any other questions or comments? It is our understanding this does not need a referral to finance we're going straight to the floor. So I recommend so, all those in favor of House Bill 1033 please signify with saying aye. >> Aye. >> Opposed no. The ayes have it, thank you senator Avellar/g [INAUDIBLE] >> Thank you members. >> [BLANK_AUDIO] Next we have House Bill 842, Representative Martin I believe is

here today and he's going to present this bill. >> Thank you Mr. Chair and if it's all right with you representative Avellar/g is my co-prime sponsor on this, I know the veterans' issues and she knows the healthcare policy issues. First I'd like to begin by thanking the chairs and staff for helping to get this bill before the committee. It comes to you from the house where it passed unanimously. Sometimes when I present a bill before the senate I start to go long and I get the sign from Tony Rand or his Republican successors to speed it up, other times I come and present it quickly and I get a bunch of questions. So I'll go efficiently and be guided by the chair's- >> Let me freeze you for just a second though and say senator Tucker moves that we bring the PCS before us for consideration. All those in favor please say aye. >> Aye. >> Thank you PCS before us. >> Thank you Mr. Chairman. Let me begin by describing the problem that this bill seeks to solve. When you're in the military you tend to get transferred two to three years. And so the problem we have is a young E4 or private young airman whose made and had say a child with some special needs in a station at Seymour Johnson say, in North Carolina. They get on the list for their child for a medicaid waiver services and in their time in North Carolina they start to work their way up the waiting list. And then at about the three year mark the family gets transferred to Wichita Falls in Texas to the Air Force base there. Three years later say they get transferred back to Seymour Johnson or to Pope, down the Fayetteville area what happens now is they go to the end of the waiting list to get the child for services. They work their way up again and lo and behold they get transferred again or they retire. All that our bill does is say that as long as that family keeps their official residence as the state of North Carolina when they get transferred Back to the State or they retire to the State, they retain their spot on the waiting list or if they were receiving services they get priority on the waiting list. You've got a letter at your stations there, of support from the Department of Defense. This is also a priority item of the North Carolina Veterans' Council. Mr. Chairman if there's a need for the committee there is a representative from the Veterans' Council to hear it. Happy to answer any questions. >> I'm not sure there's no service center paid this move for favorable report on the bill. On the PCS sorry, to the bill. Do we have any questions or comments? Hearing none we have the most Motion for a favor report on the PCS for House Bill 842. All those in favor please signify by saying, Aye. >> Aye >> Oppose, no. The ayes have it. Thank you very much for your presentation. >> Thank you Mr. Chair. Thank you members. >> Senator Pate will be representing 9 on the floor. >> Okay. >> Yes, Sir. I think we need to- >> We'll see Where it's going. So, thanks for coming I'ma let them know. Thanks for coming in. So again, thank you all. Having exhausted the agenda this committee will stand adjourned. [BLANK_AUDIO] [BLANK_AUDIO] Check check. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]