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An Act To Improve the Child Welfare System
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  maintaining a sufficient number of qualified foster homes provides a critical safety net for vulnerable children; and
Whereas,  recruitment and retention of highly qualified child welfare staff will allow for more timely and thorough investigations of allegations of abuse and neglect; and
Whereas,  a new comprehensive child welfare information system will make more information available in a timely manner, which will allow for better outcomes for children; and
Whereas,  this legislation provides funding necessary to enhance the child welfare system and services available to children in the care of the State; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Rate increase for foster homes. The daily rates for foster homes must be increased as follows: Unlicensed Homes must be increased from $10.00 to $18.50, Level A Licensed Homes must be increased from $16.50 to $25.00, Level B Licensed Homes must be increased from $26.25 to $35.00, Level C Licensed Homes must be increased from $39.38 to $45.00, Level D Licensed Homes must be increased from $52.50 to $60.00, Level E Licensed Homes must be increased from $65.62 to $75.00 and Medical Licensed Homes must be increased from $60.00 to $70.00.
Sec. 2. New job classification. The Department of Administrative and Financial Services, Bureau of Human Resources and the Department of Health and Human Services shall work together to develop a new job classification for the Child Welfare Investigator position. This classification must consider relevant education and training in investigative practice in lieu of the possession of a license in social work. This education and training must be obtained from service and experience in law enforcement or other similar fields.
Sec. 3. Development of a new comprehensive child welfare information system. The Department of Health and Human Services shall conduct a needs analysis for its comprehensive child welfare information system and review possible solutions to meet those needs. The Department of Health and Human Services shall purchase or develop a new comprehensive child welfare information system.
Sec. 4. Report. The Department of Health and Human Services shall report in writing to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 31, 2019 on the progress of the department in implementing the provisions of this Act and the progress on and results from any external audit of the department's child protective services system.
Sec. 5. Department of Health and Human Services to conduct a rate study to develop a new rate for MaineCare reimbursement for trauma-focused cognitive behavioral therapy. The Department of Health and Human Services shall contract for a 3rd-party independent rate study to develop a separate reimbursement rate for trauma-focused cognitive behavioral therapy to be available to be billed under rule Chapter 101: MaineCare Benefits Manual, Section 65. In establishing the rate, the rate study must take into consideration the following:
1. The costs to the provider of delivering the service, including additional training for certification and continuing education;
2. Quality assurance and continuous quality improvement;
3. The need to attract enough providers to clear waiting lists for services;
4. The need to attract providers to all areas of the State, including underserved rural areas; and
5. The costs of ensuring fidelity to the trauma-focused cognitive behavioral therapy model.
The department shall ensure that the rate study is completed no later than April 1, 2019. The department shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the findings of the rate study no later than May 1, 2019. The department shall amend its rules to establish a separate reimbursement rate for trauma-focused cognitive behavioral therapy. Rules adopted pursuant to this resolve are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 6. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
IV-E Foster Care/Adoption Assistance 0137
 
Initiative: Provides funding for increased foster home reimbursement rates to increase recruitment and retention of foster families in this State.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$386,493	
			
GENERAL FUND TOTAL	$0	$386,493	

FEDERAL EXPENDITURES FUND	2017-18	2018-19	
All Other	$0	$579,738	
			
FEDERAL EXPENDITURES FUND TOTAL	$0	$579,738	

Office of Child and Family Services - District 0452
 
Initiative: Provides increased funding for the creation of 16 Human Services Casework Supervisor positions within the Office of Child and Family Services, child protective services to increase coaching and oversight of child protective staff.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	16.000	
Personal Services	$0	$768,701	
All Other	$0	$68,727	
			
GENERAL FUND TOTAL	$0	$837,428	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
Personal Services	$0	$168,740	
All Other	$0	$21,182	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$189,922	

Office of Child and Family Services - District 0452
 
Initiative: Provides funding for the creation of 2 Regional Associate Director for Child Welfare positions.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	2.000	
Personal Services	$0	$161,112	
All Other	$0	$8,580	
			
GENERAL FUND TOTAL	$0	$169,692	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
Personal Services	$0	$35,366	
All Other	$0	$1,883	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$37,249	

Office of Child and Family Services - District 0452
 
Initiative: Notwithstanding the Maine Revised Statutes, Title 5, section 7065, provides funding for the recruitment and retention of employees in Child Protective Services Caseworker positions, Child Protective Services Caseworker Supervisor positions, Child Protective Services Assistant Program Administrator positions and Child Protective Services Program Administrator positions via a $5 per wage-hour stipend payment.

GENERAL FUND	2017-18	2018-19	
Personal Services	$0	$3,040,731	
			
GENERAL FUND TOTAL	$0	$3,040,731	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
Personal Services	$0	$651,269	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$651,269	

Office of Child and Family Services - District 0452
 
Initiative: Notwithstanding the Maine Revised Statutes, Title 5, section 7065, provides funding for the recruitment and retention of employees in Child Protective Services Caseworker positions, Child Protective Services Caseworker Supervisor positions, Child Protective Services Assistant Program Administrator positions and Child Protective Services Program Administrator positions via a $1 per wage-hour stipend payment for employees holding or obtaining a relevant master's degree.

GENERAL FUND	2017-18	2018-19	
Personal Services	$0	$93,808	
			
GENERAL FUND TOTAL	$0	$93,808	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
Personal Services	$0	$20,592	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$20,592	

Office of Child and Family Services - District 0452
 
Initiative: Provides funding for 8 Customer Rep Assoc II - HS positions to act as clerical case aides within the Office of Child and Family Services, child protective services.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	8.000	
Personal Services	$0	$347,634	
All Other	$0	$34,992	
			
GENERAL FUND TOTAL	$0	$382,626	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
Personal Services	$0	$68,694	
All Other	$0	$6,915	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$75,609	

Office of Child and Family Services - District 0452
 
Initiative: Provides funding for 16 Human Services Caseworker positions.

GENERAL FUND	2017-18	2018-19	
POSITIONS - LEGISLATIVE COUNT	0.000	16.000	
Personal Services	$0	$817,222	
All Other	$0	$69,984	
			
GENERAL FUND TOTAL	$0	$887,206	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
Personal Services	$0	$161,487	
All Other	$0	$13,829	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$175,316	

State-funded Foster Care/Adoption Assistance 0139
 
Initiative: Provides funding for increased foster home reimbursement rates to increase recruitment and retention of foster families in this State.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$2,586,929	
			
GENERAL FUND TOTAL	$0	$2,586,929	

State-funded Foster Care/Adoption Assistance 0139
 
Initiative: Provides increased funding for procurement of a pilot program for child welfare services to support children in the State’s custody through supportive visitation, which will allow for the supervision of court-ordered visitation with relatives of the children and will provide assessment and evaluation of parental capacity as it relates to the parent’s ability to safely care for the child.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$2,250,000	
			
GENERAL FUND TOTAL	$0	$2,250,000	

State-funded Foster Care/Adoption Assistance 0139
 
Initiative: Provides increased funding for procurement of child welfare services to support children in the State’s custody through clinical support and guidance of child welfare casework practice. This funding will allow each district office to procure a clinician to aid the district in clinical consultation within child welfare cases, in training to increase staff knowledge of mental health and behavioral needs of children in the State’s custody and in consultation within child welfare cases on parental capacity. In addition, this increase in funding will allow for procurement of clinical services to support each district office to evaluate staff functioning and provide debriefing for critical incidents.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$880,000	
			
GENERAL FUND TOTAL	$0	$880,000	

State-funded Foster Care/Adoption Assistance 0139
 
Initiative: Provides one-time funding for the development of a new comprehensive child welfare information system.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$8,000,000	
			
GENERAL FUND TOTAL	$0	$8,000,000	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$0	$19,514,913	
FEDERAL EXPENDITURES FUND	$0	$579,738	
OTHER SPECIAL REVENUE FUNDS	$0	$1,149,957	
			
DEPARTMENT TOTAL - ALL FUNDS	$0	$21,244,608	
 
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
Office of MaineCare Services 0129
 
Initiative: Provides funding to contract with a 3rd party to conduct a rate study to develop certain rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 65 to be completed no later than May 1, 2019.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$50,000	
			
GENERAL FUND TOTAL	$0	$50,000	

FEDERAL EXPENDITURES FUND	2017-18	2018-19	
All Other	$0	$50,000	
			
FEDERAL EXPENDITURES FUND TOTAL	$0	$50,000	
 
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
Effective 90 days following adjournment of the 128th Legislature, Second Special Session, unless otherwise indicated.