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Arkansas CASA Conference September 15, 2007

Arkansas CASA Conference September 15, 2007. CASA of Northeast Texas, Inc. Arkansas Counties served: Miller, Lafayette, Little River, Pike, Sevier, Howard, Nevada, Hempstead Texas Counties served: Bowie, Cass. 86 th Arkansas General Assembly. 75 Democrats, 25 Republicans (16 Lawyers)

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Arkansas CASA Conference September 15, 2007

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  1. Arkansas CASA Conference September 15, 2007

  2. CASA of Northeast Texas, Inc. • Arkansas Counties served: Miller, Lafayette, Little River, Pike, Sevier, Howard, Nevada, Hempstead • Texas Counties served: Bowie, Cass

  3. 86th Arkansas General Assembly • 75 Democrats, 25 Republicans (16 Lawyers) • 2,816 bills filed • Convened 1/8; • Recessed 4/3

  4. Hottest Topics • $919 Million Surplus • Repeal half of grocery tax • Repeal income tax obligation for those under federal poverty line • Partial repeal of sales tax on energy consumption for manufacturers • Public School Funding/Facilities/Lake View case • Alternative Fuels/Renewable Energy

  5. L.E.A.D. Arkansas Tour • L – Lower Taxes and Health Care Costs • E – Excellence in Education • A – Alternative Fuels • D – Decreasing Crime

  6. My “Non-Judiciary” Filings Costs of Health Care • HB1201: State’s contribution to the Arkansas Teachers’ Retirement System Economic Development • HB1531: To create the Arkansas Retirement Community Program Education • HB1825: Enabling legislation for campus police departments • HB2055: International Baccalaureate College Credit • HB2066: Non-traditional licensure • HB2696: NSLA public school Categorical funding Renewable Energy/Alternative Fuels • HB2291: Landfill Methane Production Act • HB2747: Expansion of Biomass Development Credit

  7. My “Non-Judiciary” Filings Election Reform • HB1532: Modification of dates between primary and runoff elections Eminent Domain • HB2797: In response to Kelo v. City of New London Ethics • HB2748: Prohibition of gifts to legislators

  8. My “Non-Judiciary” Filings Streamlined Sales Tax • HB1827: To extend deadline to enter SSTP compact • HB1828: To exempt sales tax on energy consumption for manufacturers of tires Appropriations • HB1826: To increase funding to the Red River Navigational Waterways Project • HB2054: To fund the UofA fiber optic network • HB2056: To purchase a tandem mass spectrometer for newborn screening • HB2091: To provide assistance for hunger relief

  9. Legal/Judicial Topics • Overhaul of District Courts (Harrelson/Womack) • Electronic Recording (Harrelson) • USRAP (Harrelson) • Court Security (Harrelson/Taylor) • Costs of copying medical records (Harrelson) • Appellate filing fees (Pate) • Additional Circuit Judge positions (Wills) • Adoption waiting period (Hyde) • Tort reform?

  10. SB235: Overhaul of District Courts Womack/Harrelson • Creates a uniform three-tiered judicial system • Pilot Program for full-time District Judges • Makes caseload and salaries uniform • Eliminates City Courts

  11. HB1298: Electronic Recording Harrelson • Real Estate Instruments • Stepping stone to pattern after federal filing of pleadings • HB1299 increases filing fee of deeds from $8.00 to $15.00

  12. HB1130: Rule Against Perpetuities Harrelson (Act 240) • Codifies the common law rule • Adds a reformation clause • 18 states are heading in this direction • Others are abolishing the Rule

  13. SB89: Courtroom Security Harrelson/Taylor • Product of Judge Hudson’s Task Force on Court Security • Has passed the Senate and the House Committee • I’m holding it in the House • Requires $$ • Designates a director of security and emergency preparedness & court security officers

  14. Other pertinent legislation HB1715: Pate • Increase Appellate filing fee from $100.00 to $150.00 • Goes to Ark. Supreme Court library HB1400: Wills • Creates five add’l circuit judge positions

  15. Costs of copying medical records HB2811: Harrelson • Maximum charge is revised from $1/page to $0.50/page • Allows labor charge of $15 for each request • Compromise between Trial Lawyers and Medical Society

  16. Bills routed outside of Judiciary • Adoption waiting period • Defendant in child sex offender proceeding **** • Tort Reform? • Shell bills filed • Extension of Med Mal SOL in some instances (relating to discovery) • Attorney’s fees in claims for failure to pay loss **** • Primary Seatbelt law • Gay Adoption/Foster Parents • Taking away hike in minimum wage

  17. Child Welfare Legislation • Act 161 (HB1288): Maltreatment Administrative Hearing Notice • Requires DHS to notify the Child Maltreatment Administrative Hearing Officer and respondent of the status of the juvenile division proceeding; • 72 hour hold

  18. Child Welfare Legislation • ACT 216 (SB 247) - Foster Youth Drivers' License • DCFS Director may authorize an employee or foster parent to sign a driver's license application on behalf of any foster youth under the age of 18 and in DHS custody; Doesn’t deem them liable.

  19. Child Welfare Legislation • ACT 284 (SB 331) - Garrett's Law • Clarifies definition of negligence to include causing a child to be born with an illegal substance • Social workers in hospitals must report • Finding of ‘true’ may be exempted from registry

  20. Child Welfare Legislation • ACT 372 (HB 2239) – Amends the Interstate Compact on the Placement of Children (ICPC) • Adds definition of home study • Prohibits using a forum for guardianship if prelude to a non-relative adoption

  21. Child Welfare Legislation • ACT 381 (HB 2237) - Adoptions • If a report is made to the Hotline based on Garrett's Law, the mother has the option to place the child for adoption through a child placement agency or private adoption, if the infant is in DHS custody.

  22. Child Welfare Legislation • ACT 539 (HB 1485) - Adoptions • Minor amendments/streamlining of adoptions for selected families

  23. Child Welfare Legislation • ACT 586 (SB 369) - Child Maltreatment Act • Makes 17 selected amendments and revisions to 12-12-501 et seq.

  24. Child Welfare Legislation • ACT 587 (SB 370) - Juvenile Code Revisions • Makes 33 amendments to Chapter 27 of the Family Code

  25. Child Welfare Legislation • ACT 621 (HB 2256) - Subsidized Guardianship Act • Allows for certain guardianships to be subsidized if it meets certain criteria • ONLY IF FUNDING BECOMES AVAILABLE

  26. Child Welfare Legislation • ACT 634 (HB2357) - Amends various provision of the Child Welfare Licensing Act • Rep. Randy Stewart (D-Kirby) • Clarification and clean-up legislation

  27. Child Welfare Legislation • ACT 703 (SB 303) - Legislative Abuse & Neglect Task Force Bill • 19 page bill that implements the findings of the Arkansas Legislative Task Force on Abused & Neglected Children • Buried in Section 6: DHS shall not place or permit a child to remain in a foster home where smoking takes place in the presence of a foster child, unless it is in the child's best interest to be placed or remain in the foster home.

  28. Child Welfare Legislation • Act 605 (SB 957) - DHHS Parent Locator • DHS the authority to obtain information to locate parents, putative parents, or relatives from the Federal Parent Locator Service

  29. Child Welfare Legislation • ACT 725 (SB 955) - Foster Parent Support and Foster Children Safeguards Act • Creates a roadmap or ‘guide’ for foster parenting and education/training • Grants foster children rights and expectations

  30. Child Welfare Legislation • Act 726 (SB 958) - DHHS Records • DHS records containing information relating to DHS risk or security assessments related to HIPAA shall be confidential. • Sunset clause will cause this Act to expire on July 1, 2009.

  31. Child Welfare Legislation • Act 1035 (SB 293) - Legislative Task Force on Abuse and Neglect • Extends the term of the Arkansas Legislative Task Force on Abused and Neglected Children until December 31, 2008, and to expand its membership.

  32. Child Welfare Legislation • Act 1050 (SB 868) - DCFS Workers in School Program • Provides for DCFS, the TEA Board, and the Dept. of Ed. to work collaboratively to design this program to provide human services worker in schools; • Target schools include schools with 90% or more children eligible for Free or Reduced Lunch Program under the National School Lunch Act.

  33. Child Welfare Legislation • Act 1593 (HB 2358) - Behavioral System of Care • Creates Children's Behavioral Health Commission • Establishes the principles of a system of behavioral health care services for children and families; • Develops a process for behavioral health care initiatives, standardized assessment tools, a multi-agency plan of services, and an annual report.

  34. Issues for 2009 (or before) • Trauma Center • Minimum age to marry! • Severance Tax • Animal Cruelty

  35. Arkansas Legislative Update www.underthedome.com

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