Loading...
HomeMy WebLinkAboutMINUTES - 09081992 - MR.1 MR. 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: September 8, 1992 MATTER OF RECORD --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Proposed State Legislation Relating to Budgets Donald Fibush. J.D. , C.L.U. , Volunteer Advocate for Children, 2301 Pine Knoll Drive, # 10, Walnut Creek, CA 94595, appeared before the Board, submitted the attached written comments, and spoke on proposed state legislation relating to budgets, and requested the Board to take a position in opposition to Proposition 165 . The Board requested the County Administrator to review the concerns of Mr. Fibush. cc: County Administrator County Counsel DONALD H. FIBUSH, J.D., C.L.U. i VOLUNTEER ADVOCATE FOR CHILDREN i 2301 PINE KNOLL DR.#10 e WALNUT CREEK.CA 94595 PHONE:510.939-1019 i i r VOTE "NO" ON PROPOSITION 165 WHICH WOULD CHANGE OUR STATE CONSTITUTION. IT IS THE GOVERNOR'S PROPOSITION WHICH HE CALLS TAXPAYER PROTECTION AND WELFARE REFORM ACT. THIS IS A MISNOMER BECAUSE IT WOULD RESULT IN COSTING THE STATE AND COUNTIES MUCH GREATER EXPENSE AND IS NOT WELFARE REFORM BUT WELFARE PUNISHMENT! WE ALREADY HAVE "GAIN" WHICH IS A SUCCESSFUL WELFARE REFORM PLAN ACCORDING TO THE GOVERNOR'S OWN ADMINISTRATION. THE TITLE DOESN'T EVEN INDICATE THAT IT ALSO WOULD EXPAND THE FISCAL POWERS OF THE GOVERNOR FAR BEYOND THAT OF OUR PRESIDENT, THE GOVERNOR OF ANY STATE OR THE EXECUTIVE OF ANY DEMOCRACY! THE NOVEMBER 1992 BALLOT REBUTTAL ARGUMENTS AGAINST PROPOSITION 165 ARE BEING JOINTLY SIGNED BY LEAGUE OF WOMEN VOTERS, CALIFORNIA COUNCIL OF CHURCHES, STATE PTA, CALIFORNIA ASSOCIATION OF HIGHWAY PATROLMEN, & CALIFORNIA CHILD, YOUTH, & FMIILY COALITION OF AGENCIES. THIS PROPOSITION REDUCES THE ENTIRE FUNDS UPON WHICH 943,755 ADULT AGED, BLIND, AND DISABLED AND 1,689,952 CHILDREN MUST LIVE (CHILDREN NOW 30% BELOW THE POVERTY LEVEL WILL THEN LOSE ANOTHER 25%). MANY OF THE ADULTS WOULD SOON HAVE TO BECOME INSTITUTIONALIZED PATIENTS AT MUCH GREATER TAXPAYER EXPENSE. MANY AFDC CHILDREN WOULD BECOME HOMELESS, HUNGRY, ILL, RUNAWAYS, SUICIDES, AND CRIMINALS. OUR GOVERNORS HAVE THE "LINE ITEM VETO POWER". THEY CAN REDUCE OR EVEN ELIMINATE' THE APPROPRIATION IN ANY BILL BEFORE SIGNING IT, INCLUDING ITEMS IN THE BUDGET BILL. PROPOSITION 165 ENABLES THE GOVERNOR TO DECLARE FISCAL EMERGENCIES, AND THEN REDUCE VIRTUALLY ANY STATE SUPPORTED SERVICE BY ANY AMOUNT. IF THE NEW BUDGET IS NOT. SIGNED BY JULY FIRST, IT WOULD CONTINUE THE PRIOR-YEAR BUDGET UNTIL THE NEW BUDGET IS SIGNED AND THE GOVERNOR MAY MAKE THE SAME UNLIMITED REDUCTIONS. THERE IS NO PROVISION IN THE PROPOSITION FOR THE LEGISLATURE TO OVER-RIDE THESE ACTIONS. WITH THIS EXPANDED POWER OVER STATE SPENDING THERE IS NO NEED OR INCENTIVE FOR THE GOVERNOR EVEN TO CONSULT WITH THE LEGISLATURE. THE GOVERNOR COULD FAIL TO NEGOTIATE WITH THE LEGISLATURE, DECLARE A FISCAL EMERGENCY AND MAKE REDUCTIONS IN THE CURRENT BUDGET WHEN THERE .IS A DEFICIT OF 3%, VETO ANY BUDGET IF ONE IS RECEIVED BEFORE JULY FIRST, AND THEN MAKE MORE REDUCTIONS IN THE CARRIED OVER PRIOR-YEAR BUDGET. THE PROPOSITION DOES HAVE A- FEW GOOD "CARROTS ON THE STICK" SUCH AS TERMINATING THE PAY AND OTHER PERKS OF LEGISLATORS AND THE GOVERNOR IF A BUDGET ISN'T PASSED BY JULY FIRST AS PROVIDED .IN THE CONSTITUTION. HOWEVER, THE INEVITABLE IRREPARABLE DAMAGE TO THE LIVES OF MILLIONS OF PEOPLE AND THE ENSUING ULTIMATE COST TO THE TAXPAYERS NECESSITATE ITS OVERWHELMING DEFEAT. CCYFC LEGISLATIVE MEMO Volume 1, Number 1 August 24, 1992 IN THIS ISSUE: -New Law Allows Minors to Consent for Shelter Care -CCYFC to Sign Rebuttal on Prop 165, Wilson's "Welfare Reform" Initiative Movement on State Budget -Recap of CCYFC Legislative and Budget Activities NEW LAV ALLOWS MINOR CONSENT FOR SHELTER SERVICES AB 12-142 by Nf-ku. G h D_cn.� Dies /!': T C .i S` 'G. 25.9N -tends ds the Hght- n4' n .!✓✓✓ ;' �1111V Lf it t✓41 LIV�.aJ tVl�tl VVUV brV�l 11 L✓ / AV lulu Ulltr 1�6 J V. .1 minor to consent to residential shelter services without parental consent. Any minor 12 and over, who, in the opinion of the attending professional person, is mature enough to participate in a decision to consent to residential shelter services and who is in danger of serious physical or mental harm to him/herself or to others or who has been the alleged victim of incest or child abuse, may give consent to the furnishing of such services. Strong support from members of CCYFC and Western States Youth Services, including Sharon Kalemkiarian of San Diego's Legal Aid Society, moved this bill forward. It goes into affect January 1, 1993; preliminary information will appear in the September 1992 "Issues & Strategies" with a complete analysis to follow in a joint effort between CCYFC and Kalemkiarian. For more information, call Sharon, (619) 262-5557 x336. CCYFC TO SIGN PROP 165 REBUTTAL CCYFC joins the League of Women Voters, California Council of Churches, National Council of Senior Citizens, PTA and California Association of Highway Patrolmen in -T signing the November 1992 ballot rebuttal arguments against Prop 165. Remember, y :.-this is the initiative that eliminates cost of living increases for foster homes, the needy, E aged, blind and disabled Californians. It gives the Governor power to declare a fiscal emergency if state revenues fall by only 3%. In such an emergency, the Governor can t f reduce virtually any state supported service by any amount. For more information, call No on 165, (916)_ 449-965,5�_� MOVEMENT ON STATE BUDGET Several bills necessary to produce a state budget have been passed by the Senate & Assembly. Wilson has vetoed the Assembly's Education budget bill, slowing down the process again. Capitol insiders say there still may be a budget around Labor Day; others say nothing will change until teachers are paid IOU's. Information on how the state budget may affect youth services will be distributed to all members in the September 1992 "Issues & Strategies" and in publications to follow. For more information, call CCYFC (916) 739-6912. DONALD H. FIBUSH, J.D., C.L.U. VOLUNTEER ADVOCATE FOR CHILDREN 2301 PINE KNOLL DR.#10 WALNUT CREEK,CA 94595 PHONE:510-939-1019 August 10, 1992 FACT SHEET EXPLAINING THE CONSTITUTIONAL AMENDMENT PROPOSITION 165, WHICH WILL BE VOTED UPON IN THE NOVEMBER BALLOT. IT IS THE PROPOSITION SPONSORED BY GOVERNOR WILSON WHO GAVE IT THE MISLEADING NAME "TAXPAYER'S PROTECTION ACT". In order to secure the funds to obtain the signatures to qualify this proposition for the ballot, the Governor created the "Golden State 2000 Committee". This is like political office candidates creating what they call a "Committee" for their election to receive contributions. Requests for contributions are then sent to prospective supporters, asking that such contributions be made payable to the Committee. In this instance the requests for contributions were sent to many large corporations, including quasi public corporations. Of course they were informed that it was to qualify the "Taxpayer's Protection Act". The claim is that it is intended to prevent a state deficit without raising taxes, but to have a balanced budget and to guarantee much needed welfare reform. As a result of those requests, substantial contributions were made by PG & E ($25,000), Pacific Telesis ($20,000), Bank of America ($16,000), Wells Fargo ($20,000), Lockheed Corporation ($25,000) , and AT & T ($10,000) and many others. I have written to each of these in which I- included information of which I feel certain they were not aware. I have received responses from several of them. Each of them regularly make tax deductible contributions to non profit agencies, as do their employees and stock holders. Their justification for these contributions seems to be that they think the public ought to have the opportunity to vote on such an important issue as one called the "Taxpayer's Protection Act". It is very unlikely that they knew the extent to which the proposition he proposed would expand the powers of the governor, increase the homelessness of an estimated additional 84,000 families with 168,000 children, cause an additional 250,000 children to go hungry, and seriously hurt the aged, blind, disabled, and handicapped. THE NON PARTISAN CALIFORNIA JOURNAL CALLS THIS THE MOST CONTROVERSIAL BALLOT INITIATIVE! IT DRASTICALLY CHANGES OUR LEGISLATIVE SYSTEM OF CHECKS AND BALANCES BY CONSTITUTIONALLY EXPANDING THE GOVERNOR'S POWERS. IN ADDITION IT SERIOUSLY HARMS MORE THAN ONE OUT OF EVERY FIVE CALIFORNIA CHILDREN! ON THE REVERSE SIDE OF THIS PAPER I HAVE PREPARED AN EXPLANATION OF THE TWO DISTINCT AND UNRELATED PARTS OF THIS PROPOSITION. IT IS EXTREMELY IMPORTANT THAT YOU READ IT AND PASS IT ON TO OTHERS. DONALD H. F1BUS11, J.D., C.L.U. -VOLUNTEER ADVOCATE FOR C111LDnEN e i, 2301 PINE KNOLL DR.010 i WALNUT CREEK CA 14595 e. PHONE-40 I 6 AFDC is not the only welfare plan! It is the most misunderstood and the most needed if we are interested in children and their survival. We talk about the necessity for and cost effectiveness of "prevention". That is what AFDC is! Governor Wilson expects to have a so-called welfare proposition on the November ballot and has bills in the legislature .to make the same changes. These all pertain to AFDC, which is Aid to Families with DEPENDENT CHILDREN! AFDC IS NOT FOR ADULTS, IT'S FOR CHILDREN, 1,643,661 CALT_ORNIA CHILDREN AS OF JANUARY 1992! IT IS INTENDED TO PROVIDE THEM WITH MINIMUM SUESISTENCE FOR BASIC NECESSITIES. BY LAW TFE MINIMUM AMOUNTS NEEDED FOR FOOD, CLOTHING AND SMELTER ARE SPECIFIED, AND ADJUSTED FROM TIME TO T12m_, IN THE WELFARE AND INSTITUTIONS CODE. WE HAVE NEVER FULLY PROVIDED THE AMOUNTS SPECIFIED, EVEN THOUGH IN MOST INSTANCES, 50% OF THE COST IS PAID BY THE FEDERAL GOVERNMENT. Reagan was Governor from. 1967 through 1973. Despite the annual increase in the cost of living, for 17 years from 1953 to 1970 there was no increase whatever in the amount of AFDC grants. A woman with two children received the huge stun of $172 a month'. The- only states providing less than California were a few in the deep South! About that time, Federal law mandated states and counties to create citizen advisory committees in order to continue to receive federal matching funds. The mandate included the requirement that at least one third of the membership be recipients. When those committees and the decision makers learned these facts, legislation was passed to increase the grants and provide for annual cost of living increases. Nevertheless full statutory "needs" amounts have never been funded. The grants gradually rose to be -among the leading states as a result of the cost of living increases. Consequently the reduction of AFDC is constantly being proposed, even though the cost to live in California exceeds eveiy state but Hawaii and Alaska. In fact, last year legislation was passed to suspend the cost of living increases for five years and to reduce the grants by 4.4% for the current year. This will probably become a total reduction of 30% to 40%. Obviously, the safety, health and development of our children are not a top priority. The Governor's plan proposes to permanently eliminate the cost of living increase requirement and to reduce the grants by an additional 25%. Prior to Prop 13 the AFDC cost to the Counties was two to three times the cost to the state. After Prop 13 the formula was changed to relieve the . counties, requiring them to pay only 5% of whatever the federal government pays with the state paying the balance. The C-3verror plans to require the counties to pay a substantially nigher percentage even though they have no additional sources of income. Statements have been made that mothers continue to have more babies in.order to receive more AFDC income. Actually the average number of children in AFDC families continues to be about the same as the general population. The January 1992 average is 1.9 children (1.8 in single parent families and 2.6 in two parent families). Most families are small and are only on SFDC a short time. The reasons people apply for AFDC are: The father is deceased, has deserted the family, or hasn't paid child support and the mother is not or never has been employed; the mother is a single parent with small children and needs training or employment; in a two parent family the bread winner is unemployed and seeking employment; or a single parent mother needs c!Llld care in order to secure employment or receive vocational training. IT'S TI!E FOR ALL OF US TO SEE THAT THESE ONE OUT OF EVERY FIVE OF OUR CALIFORNIA CHILDREN DO NOT SUFFER EVEN DEEPER POVERTY, APUSE AND NEGLECT! Child ANews M t .-1 Publication of the Children's.Aduoccicy Institute Volume 3. Number 2 Spring 1992 t A Quarterly Forum for Child Advocctes While our elected officials may publ:cly expres-s ccr:cern :*or c Adren and their families. Lhe direction U!:t. '�"t:iat. ^lld�et.ne'.^flat:Gr der families. trates the depth of their denial abOUI the con ander which nam,Caiifarl:iL c::i:dren live. The Le_islature and Governor continue to focus exclusively on c:ulna vita-I state pro_rams and se^ices,even::'0uh t}e_.could e:°^ir.-Le:<u:!orphc1es and i or-aise non-;eneral =es and re•.•enuzs- a5 a—weans of c:G:ln z :i:e S1 I bil:ion bud,Ie,.'-)aD. This fixxation on ciecreasir._•_zr.ices r-n,her tr,ar,r::ala:;re:enue::,ii eXacerba:e the marginal existence of man- California children. -�lthou�h most o: Caliiorn'.G: t:;nt .iIlion child:e:, are sate ane. Sound. some are not. The following luc[s revea'. the realin' for many lcire:l: stateLast:•ear. 109 children tied from child abuse. • Child abuse reports exceeded 570.000 in 1991. w•hlle state prorams aimed at Lawmakers preventing abase reached only 55.000 children and 6.3.000 parents. • Of the 600.000 children bornin 1990.over 25?b received little or no prenatal care. in De • Over half of California's nvo-year-oid population.is not fully immunized against preventable diseases. In 1990. over 404 of the nation's measies cases occurred in California. including 3'_ deaths of children under ate 5. • Over I million California children are without any kind of health insurance. • An estimated 10.000 additional subsidized child care spaces will be needed each year for the nett ten vear_ :o help low--income fa..-A lies become self-sufficient. • Even•month.an estimated 610.000 California children ander a_e 12 ao hungry. • Of the 2.1 million people recehina ?rd to Families with Dependent Children (AFDC) in California. 1.5 minion are children. Ater receiving the equivalent of a 100b cut last year. these families are now li+imi 3W,;bellow the poverrline. • Over 200.000 children and:heir fr:milies sou_ht emerlenc•:*housing_ in 1991. If AFDC :rams are CUL by 2J an es-•-nated 81.000 1'=-nlies•.til',' be unable to pay their rent. This could resuit in a-nother 168.000 children liana on the streets. • California has over 122.000 teen varents. E:-er:day 365 •vris t nci out thev are pregnant and.of these. 110^.i112i+.e birth. Ove:7^_' of the i'aihers of these babies are over a_e 2 Less .har•. 2&�:- , pre nant .ar,d paren—,_1 .e_ns rec-, :% .tate sen ices :o hrt.D then titav in :choc•i. • California s c;a�:is sizes aI:c.GrOUC UI rates remain nex-t,:ihZ Dorsi;n the nation. • Cover 150.000 vauths xrre incarcerated last ve;tr at a crest of over Sa0.000 per juvenile per•:ear. • Each year. over 2.900 children die from prcvenmbie accidents invol in_ tire. poisot:ir.-f. clron-n ink. _urshot. fhi:_. bic:c!es. and atttt t;:obiies. "::lis is equiva- lent to wiping out the population of eight e!ementar: schools each year. • Over 80.000 rhilclren wens placed in foster care and :rnuD ho es i;tst year. • Over 60.000 children are in need of fnental heaith pro_rams e:a+'h year. • Over 270 children aril) COMMA suicide this +•car. Californi;t doe;not.cur-entiv orovide the level of sappor;necessar:to address[hese needs. Ifvou;ire ir.t.errstcc:ir.mvenue options as;u:ai;,_r ati:P:o(urtl;er pro�rtm cu Ls. call the Calif-orrija Ta:; `..­_:tli't:Association It ;` : ;l :•it;-1;t)t). Val•-Julie 1992 Ibuth Lal, News 7 r Child welfare and poverty lawyers need to be alert to the pc)ten- S, tial application of Arris.M. to pending or contemplated litigation. If the defendants raise.4rrisr M. in a pending case.various responses r are available.An argument that state plan requirements only create ' a a right to"paper compliance" should be answered. first. by poin ting* out that Artist M. did not overturn the Ions line of Supreme --j' Court cases—from Rosado"to WilifertL-allowin�_enforcement of . state plan provisions, so Artist Al. should be seen as holding only t that the reasonable efforts clause is too vague to be enforceable.Many other state plan requirements are much more detailed and specific. and give the state agen+-+• much less discretion. For example. the case planning and case review requirements of the AACWA.16 and most of the AFDC state plan requirements,cannot plausibix be called vague or amorphous. Also,some AFDC and Medicaid provisions may be shielded from an Artist M. argument by comparing them to provisions specifically round to create enforceable rights in prior Supreme Court cases left intact by Artist M." None of these responses to an Artist M. defense are foolproof.. however. so it is also important that advocates frame new- § 198; lawsuits in a %%uy that precludes such a defense. Where possible, Report Finds Positive Impact federal statutory claims should be based on specific, clear provi- sions that are less vulnerable to a vagueness challenge than the from California's GAIN Program "reasonable efforts"clause—and.where applicable,on provisions that have actually been held enforceable by the Supreme Court in The Manpower Demonstration Research Corporation(MDRC) has issued the first impact evaluation of a JOBS (lob Opportu- prior cases. Also. to avert an argument that plaintiffs only have a right to a plan,not to implementation of the plan, it may be possi- nines and Basic Skills, part of the 1988 Family Support Act) ble to allege that the state plan,even on paper,fails to comply with program, and MDRC concludes that in the studied counties, "the federal requirements(without, of course,conceding that plaintiffs program has led to decreases in welfare spending and increases are entitled only to such ''paper compliance"). in earnings for both single parents and heads of two-parent households,even though results were measured only one year after In some cases the relief sought under a federal state plan require- people entered GAIN" (California's JOBS program—Greater ment may also be available under another legal theorynot jeopar- Avenues for Independence). MDRC notes that these positive fin- dized by Artist M., such as a constitutional claim. For example. a dines are significant because GAIN is a rood test of the human child's right to placement in a licensed foster home that meets pro- fessional welfare-to-work standards could be asserted not only under the.aAC'%VA, it emphasizes basic education. but also as a constitutional due process right to safety and adequate The evaluation considered the impact of GAIN in six Califor- care while in state custody.or a right guaranteed by the state's own nia counties and was limited to the first vear after entering the pro- statutes and regulations governin: foster case!$Or, a mentally ill cram.Averaged across the six counties. first-vear earnings increased child's right to preventive services that would allow her to remain 17% (S2711 for single parents while welfare payments were reduced at home could be framed as a due process claim against needless 5 c (5281).As stated in the report, "given GAIN*s emphasis on more state interference with family integrity.or an equal protection claim intensive.loner-terns services. first-year impacts might be expected to sen-ices equivalent to those provided to non-mentally-ill children. to be lower than those reported for prior prog rami because As advocates respond to the challenge of the Artist .11. deci- individuals who might otherwise have been working were still in cion,the national legal ser ices support centers and other national education and training activities" advocacy 2roups19 are working tovether to monitor the impact of The evaluation's finding is expected to Live a boost to the JOBS Artist:ll. and to pr(n-ide advice and technical assistance to attorneys program. It will also encourage greater interest in the sequencing in cases affected by .-Artist Al. of services.the role of job development. and the role of sanctions. .11al;ha Mw11101's iS al staff anorneY in NCYL. This is because one of the studied counties.Riverside.had substan- tially greater positive effects than the other counties. and there imariably+vill be attempts to identify what made Riverside different. Riverside's policies placed a treater emphasis on job search and resulted in higher levels of sanction than the other counties, but it w,•j,;o wrinan.?9-LIS. -N-;rvrol. also had a rigorous and effective job development component. The "w:Wer wrreinia Ho,,p,t.,l A­orranon.'J6 C'S. 49S ONO). •1_ta.0 ;; 6,-Mi. job development component should be of particular interest berau�e Jcc.e.g..wilder s•.yir•mia Hi-PlUl Ass,vullon.496 U.S.19Y rl990f h+1,.i:,.n.(rur,.r: previous evaluations of wYlfare/work programs have all-e:ldy 1011nd \Linc,ThiN,uun,1JSI'IS.I.Plkb iAf_DC;. t)usur;umnnr,urrhrrruyivn<.:..•eprr:i°il' that job search and sanctions do not have the kinds of Impacts ewl- in.4Fl)(,ww,c•hrrarinrin;our dot•.congress has hero a„atre,!l thn sushi,.•:•::!run./„nr :prim:e f„i•r,'rhrde§NS:,r+fl,ncmenf.See Merrill Lynch%.Curran.456 US :�+11982,. dint in the Riverside program. and rrer,i.:ri,mn n:.:r ;ire rice:a frdrnd ronsnmuianarl rlain:,�,rrrruu:e Reprinteil fr'onr "CL4SP Sfult'S(Ve'tu'[,r/ l'pa:rlt(. puhli.chrd hw hi-erre and P"'perry mtnrofi rha:..;nnuf lh•m(err anal.uithara dor ton ne'.i ”Sul p,wt enrrr,•unranr.,r•rrhwle Ilanhu.%L:alms%a(rh;.V.ui,Nrrd Critter;-Ymth L.1” the C[vuer jnr L(nr and Social Puli(�•, 161b P Si. N11'. Suite 450. c: .:;Fr.r,:rc,.'r•1115-`'.`-j:rli,.rim Ca.ict-arehe-Crirrr„nSravu/r6•/JareA,.:,.andLn, H('ithington.DC20036, (02)328-51.1(1. 7herrporl.entlrle'dGAIN: ten”,and Cir., A m,en a.--he.-1(71 C7:rLlr,•r1 Ritthn Prr jenr:v\vise liv" program Strategies, Participation Patterns. any First Year impacts I— •-- iSiib.Janr Pvidri,:,,r m, afiirna!!f•:..ii,i air Pru�nrm a9f9-"?_.a?-,l. Hol, n:- •� In�i.',1,?iii::..::.(S[ll'J!i(tl'•i• , �L: is urr;.i1DI1[ . . 'd!'1,.41'('.,iVelt' .. ..........•C'i rr:,•rJ;,r i,::•.:,;..:.........••i„i t.....r, ,.t1:1 i6/7J,i/r(Xr::..trrri C:rr- - :=•rid R,,'.:r r:r.r,. !lr' =rf2-9.� - 'r. �; NY `// Ill ��/�� '•,...ta},•:.e', • 999999 ,�'�� i� � •; '�`• � • I ISI ceS'`''o�sf�f�� ' ,;;�'�4�Z'• •• i�� IVV1 f ,. jel %;,;iii '. �? • •' .1;51 d. � I� ..Y,,.�t.'1Y. .;;r�% (' A 1. 1 �f' �— ` • r. , Ultlj : '