JOINT TASK FORCE ON CHILDREN’S JUSTICE/CHILD SEXUAL ABUSE
193 Polk Avenue – NASHVILLE TN
THURSDAY, OCTOBER 3, 2013 –10:00 AM, CENTRAL TIME
MINUTES
Members Present Affiliation
Aaron, Carla TDCS
Beehan, Eileen Catholic Charities
Beneke, Bonnie TNCAC
Boshears, Marlene Boshears Attorney/Owner
Brady, Rebecca TDCS
Buchanan, Irma TDCS
Cecil, Emily TNCAC
Conway, Harry Tullahoma Police Dept.
Estes, Karen TDCS Resource Parent
Driver, Elizabeth TDCS
Dunavant, General Mike DA. 25th Judicial District
Guffee, Judge Sharon Williamson Co. Juvenile Ct.
Hart, Marjahna TDCS
Hendrix, Jeana Admin. Office of Courts
Hinson, Judge Kimberly Perry Co. General Sessions Ct.
Jointer, Karen TDCS
Leach, Kristy Dept. MH & Substance Abuse
Lowen, Dr,Deborah Vanderbilt Medical Hospital
Miner, Thomas ADA, 31st Judicial District
Murphy, William UTHSC
O’Neal, Linda TCCY
Parks, Jack Partnership for Children, Families
Perales, Dr. Marymer E. TN Children’s Hospital
Ruffin, Delora TDCS
Seeman, Larry Volunteer Behavioral
Seay, Rae Anne Legal Aid Society of Middle TN
Seymour, Gail TDCS
Stephens, Brian TDCS
Thompson, Jim ADA, 26th Judicial District
Wade, Pat TCCY
Walker, Dannelle State Board of Education
Williams, Nancy Memphis Child Advocacy Ctr.
Wyatt, Verna TN Voices for Children
Other Attendees
Collins, Joana TDCS
Crawley-Martin, Colette TDCS
Evans, Carolyn Nashville CASA
Kinkeade, Leslie Admin. Office of Courts
Lane, Melanie Private Attorney/Romer Lane
Moore, Tara TDCS
Parker, Crystal TDCS
UT Staff
Alley, Rory
Lawal, Toni
Regrets
Toni Lawal received regrets from the following members: Sandra Allen, Susan Barber, Delaine Bottoms, Dana Cobb, Lisa Cothron, Pamela Dickey, Michelle Diller, Jon Ebert, Dr. Deborah Gatlin, Rebecca Franklin, Merlene Hyman, Bobby Leverett, Kitty Oliver, Lori Paisley, Margie Quin, Mayme Stephenson Siders, and June Turner.
Next Meeting: Thursday, December 5, 2013, (UT 193 Polk Avenue, Nashville)
Welcome/Introductions
President Bonnie Beneke called the meeting to order at 10:05 a.m., welcoming task force members and guests. Following the welcome, task force members were asked to state their names, agency affiliation, which committee (s) they serve on and how long they have been a member. Also, guests were recognized.
TDCS Updates
Carla Aaron, TDCS Executive Director of Child Safety provided the following updates:
1. CPS Policies: Internal reviews of Chapter 14 CPS policies are occurring with plans to invite partners into discussion as well as to provide comments/feedback.
2. CPS Training Academy: CPS Investigators will receive 3 weeks of training (provided by Tennessee Bureau of Investigation and DCS other partners): the first training will start in November 2013 but not in consecutive weeks. Also, Aaron distributed a draft of curriculum describing CPS courses for members to view.
3. Post Training: courses will be offered to DCS Investigators, Children’s Advocacy Center staff, law enforcement and other partners to address some of the nuances specific to the regions.
4. Specialty Training: DCS is looking at offering specialty training (e.g. gangs, domestic violence, etc.).
5. Karen Jointer, DCS Director of Community Partnerships was identified as the person to contact if members are interested in participating in the training:
6. CPS Roll Out: Office of Child Safety FAQ has developed a FAQ regarding the CPS roll out. Members were allowed to view the FAQ. Also, Carla Aaron shared the following roll out information: a.) fully implemented in Davidson county; b.) rolled out in Shelby County on 9/30/2013; c.) preparation work of the roll out has been done with 20 CACs and plan to do the remaining 22; and d.) met with judges and medical.
7. Statewide CPIT Advisory Committee is being formed; DCS is working on this task (outlining process, purpose, membership and tasks).
Legislative Updates
General Mike Dunavant distributed a handout from the Tennessee District Attorneys General Conference Public Chapters dated June 10, 2013. Following his disclaimer, General Dunavant talked briefly about the following Public Chapters that pertained to the CJTF work focus:
Ø 425 – Release eligibility for attempted murder 1 with serious bodily injury is 85% (increased from 30% to 80%)
Ø 426 – Release of eligibility for aggravated child neglect is 70% of sentence (increased from 30% to 70%)
Ø 33 – Willful failure to pay probation supervision fee shall be grounds for probation revocation
Ø 205 – A warrant identifying an offender by DNA profile may be used to begin prosecution (came out of Shelby County – Amy Wierich DA)
Ø 430 – Prescribers of opiods must enter drug information in controlled substance database
Ø 433 – Broadens definition and means of proving substance is imitation controlled substance
Ø 172 – Definition of intimate parts under sexual offense statute includes semen/vaginal fluid
Ø 242 – Requires restitution be ordered in sex trafficking, or child pornography/solicitation
Ø 251 – Adds prostitution/trafficking to instances where child may testify via video camera (while still preserving the 6th amendment and re-victimization doesn’t have to occur)
Ø 278 – Under RICO definition of debt expanded to include sex trafficking, child sex exploitation
Ø 337 – Removes ignorance or mistake as to age of minor in patronizing/exploitation
Ø 415 – Adds commercial sex trafficking to criminal gang predicate offenses
Ø 416 – Statute of limitations in child sex trafficking case is 15 years after child becomes 18
Ø 436 – Offense of solicitation of minor broadened to include prostitution trafficking/offenses
Ø 465 – Creates D felony for promoting travel for prostitution adds purchase of person to acts
Ø 485 – Promoting prostitution of minor is an A felony (if in school zone) or B felony for a child (noted that TN led model ways to deal with human trafficking)
Ø 16 – Valid handgun permit holder may keep handgun in locked vehicle at workplace (noted that it does not prohibit termination by one’s employer)
Ø 431 – Abuse or neglect of adult by caregiver includes transporting and abandoning
General Dunavant also pointed out 2 news report that was recently featured in the Memphis Commercial Appeal:
1. “Report: Effects of abuse can linger a lifetime“ – the article noted that each year, abuse and neglect costs an estimated $80 billion in both the direct costs of hospitalization, law enforcement and child welfare and the indirect costs of special education, juvenile and adult criminal justice costs, adult homelessness and lost work productivity;
2. The other report described a case in the state of Pennsylvania where a mother was given a prison sentence of 14 to 50 years for allegedly locking up her 6 year old twins and nearly starving them.
In addition, General Dunavant mentioned other criminal/sexual offenses that are coming down the pike and/or being discussed
1. Tennessee is # 3 in the country for “meth” (Missouri is # 1); while Oregon and Mississippi has killed meth labs
2. 1265 meth labs seized; approximately 240 children have been removed
3. The crime of Continuous Sexual Abuse of a Young Child or Children Act (aka Jerry Sandusky act) needs support from children’s advocacy groups
4. Reversible error in homicide case to show a photo of a victim when he/she was alive because it is prejudicial; although one can show autopsy photos (a bill is being filed to allow this)
5. Fetal Endangerment Bill – infant born with a narcotic drug addiction resulting from maternal use of narcotic drugs. The bill will allow prosecution (incarceration will occur after the birth of the baby).
6. Witness Fairness Bill, prosecutor has to list witnesses whereas the defendant does not have to provide an alibi list
7. Confusion about definition of broken bones of minor children – 2 statutes involving this; children under 8 and broken bones of any child. One statute definition: serious bodily harm/aggravated child abuse
Nominations and Elections of New Officers
After sharing the criteria used to nominate new members, task force members voted and approved the new officers: Tom Miner (President); Rae Anne Seay (Vice President) and Larry Seeman (Secretary). The new officers will serve a 2 year term beginning the December 5, 2013 meeting.
Committees Report Out
· CPIT – Key Discussion Points:
1. Review of DCS Chapter 14 CPS Policies (due out in April 2014); suggested both CPIT Committee and full task force members review the policies
2. Continue to address concerns around CPIT operating independently of one another; and lacking uniformity
3. Irma Buchanan shared information regarding the State CPIT Advisory Committee noting the focus is on developing and training local CPIT on policies, addressing inconsistencies around practice and helping standardize CPIT practice.
4. Litigation concerning DCS workers being sued for violation of the 4th amendment; no immunity for workers and noted this issue will have to be addressed from a policy perspective
· Court Improvement- Key Discussion Points:
DCS Administrative Appeals Process
Seay noted that the committee had guests join the discussion today: Tara Moore and Colette Crawley-Martin from DCS; Leslie Kinkeade from AOC and private attorney, Melanie Lane. Seay reported that the meeting focused on 2013 state plan concern #10 (involving the DCS administrative appeals process and formal file review).
1. DCS guests shared handouts and information about current process.
2. Committee expressed concerns re: due process issues especially when alleged perpetrator is minor child.
3. DCS is willing to consider recommendations for amendments to rules, policies and procedures.
Action Steps
1. DCS form needs to be changed to require case managers to notify Central Office when alleged perpetrator is a minor and/or has an attorney so that information will be taken into consideration during the file review process and especially when notices are sent.
2. Legal Services handout that is sent to appellants in the administrative hearing packet needs to be updated. Seay to get updated information to Tara Moore.
3. Web link on DCS “Letter A” may not be working. DCS to check on it.
4. Once rules amended, Legal Aid Society will work with DCS to create legal advice brochure for DCS to send with notices.
5. Everyone read materials and be prepared to make recommendations at December 5th meeting.
6. Need new chair for committee since current chair will be assuming Vice President’s role.
· Community Partner and Training & Education – Key Discussion Points:
1. Addressed concerns around school personnel reporting of child abuse/neglect. It was noted that DCS has received referrals via second and third hand from school personnel. It was also noted that some districts expressed a fear of reporting.
2. Reviewed the Statewide CPIT Committee Advisory draft and provided feedback to Karen Jointer (e.g., qualifying whether CPIT members area appropriate for the team via their background experience)
3. Supporting Community Advisory Boards and Resource Linkage Coordinators – Toni Lawal and Crystal Parker talked about some of the concerns that came out of In Home TN meetings from DCS staff regarding this issue such as: some Resource Linkage Coordinators having to manage caseloads and take on other responsibilities unrelated to Resource Linkage/CAB work. It was also noted that Resource Linkage Coordinators have not had an annual statewide training in several years and there were brief discussion about linking CABs to In-Home TN.
Strategies for # 1 concern
1. Using the example of the incident that occurred in a Robertson County School via Youtube to get the message across when you don’t report
2. Promoting the child abuse mandatory reporting computer-based training annually on radio stations, facebook, newspaper coverage/opinion page, etc.
3. Work with DCS Central Intake staff to develop a piece on “What to expect after you report” and include this information on DCS website and also for central intake case managers to share with referents
4. Collaborate with Tennessee Alliance for Children and Families and other groups to promote the training
5. Recommending state departments of education require annual training on reporting
6. Incorporating testimonials about the importance of reporting
After reporting out on issue of reporting concerning school personnel, General Dunavant shared that he give presentations to schools in his district on this matter and that he reminds them of the law regarding reporting as well as the consequences when they don’t report. General Dunavant also offered to assist the committee with getting other district attorneys to help with this concern as well as providing resources.
President Bonnie Beneke chimed in and reminded members that DCS is charged with educating everyone about mandatory reporting.
Next Steps
1. Gail Seymour, DCS Director of Training agreed to create a message on the issue for CJTF members to share with their listserv and post on their websites. Committee will review message before distribution.
2. Dannelle Walker, State Board of Education General Counsel will research internal processes for addressing this concern.
3. Committee will meet again before the next full task force meeting (December 5, 2013) and invite Dimple Dudley (Central Intake Director), DCS Central Intake Training Coordinator and seek input from CJTF member, Lori Paisley (Department of Education)
· Treatment – Key Discussion Points:
1. Will send out current version of document (tip sheet regarding mental health) without the editing and highlighting
2. Obtain input from DCS regional psychologist staff
3. Karen Estes, Resource Parent will consult her assigned DCS Family Service Worker about perhaps some of the other FSWs participating in some face-to-face discussion about the tip sheet.
4. How to disseminate the tip sheet (DCS, mental health and obtain input from task force members)?
The committee also addressed concern # 12 in 2013 State Plan: “Determine how to help frontline, judges, etc. to identify mental illness characteristics of parents.” It was recommended to identify materials, assessments, and literature that already exist on parents’ mental health as it pertains to child safety as well as the following:
1. Risk management in addition to risk assessment
2. Training – comprehensive ongoing for Community Mental Health, DCS (e.g., how to access DCS if risk increases after case closure)
3. Multiple Response System (MRS)
4. Circle of support and In-Home TN are preventive programs that could be put in place. Models for handling high risk problems have been done with positive outcomes
Action Steps
1. Identify someone in NAMI (advocacy group for mental health) who could give feedback and suggestions to access resources on the national research