Sie sind auf Seite 1von 105

C OMMITTEE ON H UMAN S ERVICES

TOMMY WELLS, CHAIRPERSON


FISCAL YEAR 2010 COMMITTEE BUDGET REPORT

TO: Members of the Council of the District of Columbia

FROM: Councilmember Tommy Wells


Chairperson, Committee on Human Services

DATE: April 30, 2009

SUBJECT: Report and Recommendations of the Committee on Human Services on the Fiscal
Year 2010 Budget for Agencies under its Purview

The Committee on Human Services, having conducted hearings and received testimony
on the Mayor’s proposed operating and capital budgets for Fiscal Year 2010 (FY10) for the
agencies under its purview, reports its recommendations for review and consideration by the
Committee of the Whole. The Committee also comments on several sections in the Fiscal Year
2010 Budget Support Act of 2009, as proposed by the Mayor.

TABLE OF CONTENTS

I. CHAIRMAN’S INTRODUCTION……………………………………………………… 3

II. SUMMARY
A. Fiscal Year 2010 Agency Operating Budget Summary Table 5
B. Fiscal Year 2010 Agency Full-Time Equivalent Table 7
C. Fiscal Year 2010 Agency Capital Budget Summary Table 9
D. Summary of Committee Budget Recommendations 10

III. AGENCY FISCAL YEAR 2010 BUDGET RECOMMENDATIONS


A. Introduction 20
B. Department of Human Services 21
C. Child and Family Services Agency 41
D. Department of Disability Services 60
E. Department of Youth Rehabilitation Services 74
F. Children’s Youth Investment Trust Corporation 85

IV. FISCAL YEAR 2010 BUDGET REQUEST ACT APPROPRIATION LANGUAGE


RECOMMENDATIONS 88

V. FISCAL YEAR 2010 BUDGET SUPPORT ACT RECOMMENDATIONS


A. Recommendations on Budget Support Act Subtitles Proposed by the Mayor 89
1
1. Title V, Subtitle A. Grandparent Caregivers Extension Program (approve)
2. Title V, Subtitle E. DYRS Grant-Making Authority (disapprove)
B. Recommendations for New Budget Support Act Subtitles 91

VI. COMMITTEE ACTION AND VOTE 103

VII. ATTACHMENTS 105


A. March 25, 2009 Fiscal Year 2010 DDS and DHS Budget Oversight Hearing Witness List
and Testimony
B. April 3, 2009 Fiscal Year 2010 CFSA Budget Oversight Hearing Witness List and
Testimony
C. April 6, 2009 Fiscal Year 2010 DTRS and CYITC Budget Oversight Hearing Witness
List and Testimony

2
I. CHAIRMAN’S INTRODUCTION
Last year in this space, I wrote in my capacity as Chairman of the Committee on Human Services about
the tragic case of Banita Jacks, whose four daughters, Brittany Jacks, Tatianna Jacks, N’Kiah Fogle and
Aja Fogle were found on January 9, 2008, in their mother’s home – the apparent victims of homicide at
the hands of their own mother.

In examining the multiple contacts the Jacks family had with various District government agencies
following their move to the city in December 2005, the Committee found shocking inefficiencies in the
city’s safety net. We saw what happens when individuals and families fall through the cracks of that
safety net, and how the result can literally mean the difference between life and death.

Since the tragedy of the Jacks/Fogle family, last year we bore witness to the case of “Mr. Johnson,” who
died in squalid conditions in his own apartment while awaiting services from the Department on
Disability Services. Despite contact with the Adult Protective Services Agency, Mr. Johnson languished
in his home without adequate care, and died, ironically, just days before he was finally approved to
receive the services he had applied to receive, and had been waiting to receive, for many years.

We have also seen case after case of young people committed to the custody of Department of Youth
Rehabilitation Services falling through the cracks of that Agency’s case management system while
committed to the custody and care of the agency, only to become victims of crime themselves, or, in some
cases, becoming repeat offenders and suspects of violent criminal behavior.

What these cases have in common is case management that failed to meet the needs of these individuals.
We must ensure that we have quality case management in the District’s system of care and service
delivery, and adequate funding to support quality case management. This is especially true as we move
toward more community based services for persons who depend on our Human Services delivery system.

The need is further accentuated in trying economic times when there is increased demand for services and
simultaneous pressure to cut government spending. Our systems continue to be stretched thin. With this
said, I am pleased that the budget recommendations that the Mayor sent to the Council at the very least
maintains the majority of Human Services at last year’s funding levels.

In addition, we welcome the President’s supplemental budget authority in the form of federal stimulus
dollars, which will help us meet the needs of our most needy and vulnerable residents through difficult
economic times. These funds will allow us to continue to meet the needs of individuals and families,
even as we continue to make progress in the reform of our human services delivery agencies – reforms
that share the common theme of strengthening “community-based services.”

Examples we have seen are in the Homeless Services arena, as we have moved toward a Housing First
approach. By the end of FY 2009, the District’s Department of Human Services (DHS) will have moved
more than 655 individuals and families into permanent supportive housing units in the community. To
date, my Committee has yet to receive any calls or complaints regarding the placement of these
individuals. As of today, the Housing First program is enjoying a success rate in excess of the 85%
success rates of the best comparable programs across the country. DHS should be commended for this
effort.

3
In the Disability Services arena, we have for the first time moved more clients into Home and
Community-Based Waiver Services than there are in the more restrictive, more institutionalized, ICF/DD
facilities. This is another significant step in the right direction for our Human Services system of care.

In the Child and Family Services arena, we have seen the success of the co-location initiative initiated by
the Agency this past year. CFSA’s FY 2010 budget request continues to support community-based
services and supports for the children and families that enter its system of care.

At the Department of Youth Rehabilitation Services (DYRS), the Agency will this year shut down the old
Oak Hill facility and take another step toward exiting the more than 20-year-old Jerry M. case over
deplorable conditions in our juvenile justice system. In order to fulfill this mandate, however, the Agency
must shore up the supports and services it provides to young people who are placed in the community to
serve out the duration of their commitments. While there has been some progress in this respect, the
Agency has a long way to go to provide this Committee with assurances that its systems are up to the
task, in a manner that protects the safety of the youth themselves, as well as of the public.

While we are seeing signs of improvement in the human services area, the Mayor’s FY 2010 budget
provides us with an opportunity to focus on areas such as improving communications among government
agencies and private providers, to further strengthen the safety net.

The most important safety net of all is strong community, and this budget continues to move us in the
direction of strengthening our communities and neighborhoods as the most effective safety net for
individuals and families in need of supports and services.

4
II. SUMMARY
A. FISCAL YEAR 2010 AGENCY OPERATING BUDGET SUMMARY
TABLE
(Dollars in Thousands)
Percent Growth
FY09 Approved
FY 2007 FY 2008 FY 2009 FY 2010 Committee FY 2010 to FY10
Fund Type Actual Actual Approved Mayor Variance Committee Committee
Department of Human Services
Local Funds 272,198 137,874 168,882 153,027 350 153,377 -9.2%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 3,763 2,776 2,800 2,725 0 2,725 -2.7%
Federal Funds 174,110 146,499 156,558 156,271 0 156,271 -0.2%
Private Funds 71 66 91 0 0 0 -100.0%
Intra-District 35,731 29,557 11,514 11,515 0 11,515 0.0%
GROSS FUNDS 485,874 316,772 339,845 323,538 350 323,888 -4.7%
Child and Family Services Agency
Local Funds 181,226 274,265 196,825 213,083 (100) 212,983 8.2%
Dedicated Taxes 0 0 0 0 0 0 N/A
Special Purpose 750 1,188 750 750 0 750 0.0%
Federal Funds 31,950 37,701 30,998 58,203 0 58,203 87.8%
Private Funds 152 309 23 22 0 22 -4.3%
Intra-District 72,102 20,174 61,960 12,025 0 12,025 -80.6%
GROSS FUNDS 286,180 333,636 290,557 284,083 (100) 283,983 -2.3%
Department of Youth Rehabilitation Services
Local Funds 73,936 84,463 81,143 88,377 0 88,377 8.9%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 0 0 0 0 0 0 #DIV/0!
Federal Funds 0 0 0 0 0 0 #DIV/0!
Private Funds 0 0 0 0 0 0 #DIV/0!
Intra-District 3,694 1,936 423 339 0 339 -19.9%
GROSS FUNDS 77,630 86,399 81,566 88,717 0 88,716 8.8%
Department on Disability Services
Local Funds 0 81,911 89,071 66,540 100 66,640 -25.2%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 0 4,099 5,800 6,200 0 6,200 6.9%
Federal Funds 0 21,934 26,083 26,923 0 26,923 3.2%
Private Funds 0 0 0 0 0 0 #DIV/0!
Intra-District 0 400 0 0 0 0 0.0%
GROSS FUNDS 0 108,344 120,955 99,663 100 99,763 -17.5%

5
Children and Youth Investment Collaborative
Local Funds 13,092 20,811 18,460 9,520 700 10,220 -44.6%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 0 0 0 0 0 0 #DIV/0!
Federal Funds 0 0 0 0 0 0 #DIV/0!
Private Funds 0 0 0 0 0 0 #DIV/0!
Intra-District 0 0 0 0 0 0 #DIV/0!
GROSS FUNDS 13,092 20,811 18,460 9,520 700 10,220 -44.6%

Fund Type FY 2007 FY 2008 FY 2009 FY 2010 Committee FY 2010 Percent Growth
Committee Revenue Actions (+ = Revenue Increase; - = Revenue Decrease)
Local Funds 0 0 0 0 0 0 0.0%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 0 0 0 0 0 0 0.0%
Federal Funds 0 0 0 0 0 0 0.0%
Private Funds 0 0 0 0 0 0 0.0%
Intra-District 0 0 0 0 0 0 0.0%
GROSS FUNDS 0 0 0 0 0 0 0.0%
Fund Type FY 2007 FY 2008 FY 2009 FY 2010 Committee FY 2010 Percent Growth
Inter-Committee Funding Transfers (+ = Transfer-In; - = Transfer Out)
Local Funds 0 0 0 0 1,050 1,050 N/A
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 0 0 0 0 0 0 0.0%
Federal Funds 0 0 0 0 0 0 0.0%
Private Funds 0 0 0 0 0 0 0.0%
Intra-District 0 0 0 0 0 0 0.0%
GROSS FUNDS 0 0 0 0 1,050 1,050 N/A
NET COMMITTEE ACTION
Local Funds 540,452 599,324 554,381 530,547 1,050 531,597 -4.3%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 4,513 8,063 9,350 9,675 0 9,675 3.5%
Federal Funds 206,060 206,134 213,639 241,397 0 241,397 13.0%
Private Funds 223 375 114 22 0 22 -80.7%
Intra-District 111,527 52,067 73,897 23,879 0 23,879 -67.7%
GROSS FUNDS 862,775 865,963 851,381 805,520 1,050 806,570 -5.3%

6
B. FISCAL YEAR 2010 AGENCY FULL-TIME EQUIVALENT TABLE
Percent Growth
FY09 Approved
FY 2007 FY 2008 FY 2009 FY 2010 Committee FY 2010 to FY10
Fund Type Actual Actual Approved Mayor Variance Committee Committee
Department of Human Services
Local Funds 491.9 298.4 318.9 268.1 0.0 268.1 -15.9%
Dedicated Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Special Purpose 0.0 0.0 0.0 0.0 0.0 0.0 #DIV/0!
Federal Funds 888.5 761.4 590.3 603.7 0.0 603.7 2.3%
Private Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-District 1.0 1.0 25.0 20.0 0.0 20.0 -20.0%
GROSS FUNDS 1,381.4 1,060.8 935.1 891.8 0.0 891.8 -4.6%
Child and Family Services Agency
Local Funds 590.8 572.7 646.0 611.0 0.0 611.0 -5.4%
Dedicated Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Special Purpose 0.0 0.0 0.0 0.0 0.0 0.0 #DIV/0!
Federal Funds 102.0 85.9 116.0 281.0 0.0 281.0 142.2%
Private Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-District 165.0 162.9 178.0 0.0 0.0 0.0 -100.0%
GROSS FUNDS 857.8 821.4 940.0 892.0 0.0 892.0 -5.1%
Department of Youth Rehabilitative Services
Local Funds 544.3 522.7 656.0 608.5 0.0 608.5 -7.2%
Dedicated Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Special Purpose 0.0 0.0 0.0 0.0 0.0 0.0 #DIV/0!
Federal Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Private Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-District 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
GROSS FUNDS 544.3 522.7 656.0 608.5 0.0 608.5 -7.2%
Department on Disability Services
Local Funds 0.0 304.2 257.2 212.6 1.0 213.6 -17.0%
Dedicated Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Special Purpose 0.0 0.0 0.0 0.0 0.0 0.0 #DIV/0!
Federal Funds 0.0 147.6 209.4 209.2 0.0 209.2 -0.1%
Private Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-District 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
GROSS FUNDS 0.0 451.8 466.6 421.8 1.0 422.8 -9.4%

7
Chilrden and Youth Investment Trust Corporation
Local Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Dedicated Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Special Purpose 0.0 0.0 0.0 0.0 0.0 0.0 #DIV/0!
Federal Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Private Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-District 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
GROSS FUNDS 0.0 0.0 0.0 0.0 0.0 0.0 #DIV/0!
NET COMMITTEE ACTION
Local Funds 1,627.0 1,698.0 1,878.1 1,700.2 1.0 1,701.2 -9.4%
Dedicated Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Special Purpose 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Federal Funds 990.5 994.9 915.7 1,093.9 0.0 1,093.9 19.5%
Private Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-District 166.0 163.9 203.0 20.0 0.0 20.0 -90.1%
GROSS FUNDS 2,783.5 2,856.8 2,996.8 2,814.1 1.0 2,815.1

8
C. FISCAL YEAR 2010 AGENCY CAPITAL BUDGET SUMMARY
TABLE
(Dollars in Thousands)

Mayor's Proposed Fiscal Year 2010-2015 Capital Budget, By Agency


Code Project Name FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 6-Year
Department of Human
DHS Services 3,653,570 0 0 0 0 0 3,653,570
Child and Family Services
CFSA Agency 0 0 0 0 0 0 0
Department of Youth
DRYS Rehabilitative Services 0 0 0 0 0 0 0
Department of Disability
DDS Services 0 0 0 0 0 0 0
Children and Youth
Investment Trust
CYITC Corporation 0 0 0 0 0 0 0
AGENCY TOTAL 3,653,570 0 0 0 0 0 0

Committee's Approved Fiscal Year 2010-2015 Capital Budget, By Agency


Department of Human
DHS Services 3,653,570 0 0 0 0 0 3,653,570
Child and Family Services
CFSA Agency 0 0 0 0 0 0 0
Department of Youth
DRYS Rehabilitative Services 0 0 0 0 0 0 0
Department of Disability
DDS Services 0 0 0 0 0 0 0
Children and Youth
Investment Trust
CYITC Corporation 0 0 0 0 0 0 0

The Committee acknowledges that the Committee on Government Operations and the
Environment has transferred $3,653,570 in Capital budget authority for “Homeless No
More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the
Department of Human Services (DHS). These funds are to be used to provide housing for
the District’s families who are homeless.

9
D. SUMMARY OF COMMITTEE BUDGET
RECOMMENDATIONS
The Committee recommends the following changes to the Mayor’s FY 2010 Budget
Request:

Department of Human Services

1. The Committee directs the District of Columbia Auditor to prepare a financial impact
report measuring the government-wide savings produced by the District’s Housing First
Program in such areas as emergency services, physical and mental health services,
substance abuse services, personal safety, police services and incarceration. If it is found
that the District has incurred net savings from the Housing First Program, the Committee
urges that the Program be expanded and looks forward to discussing this expansion in
future budget sessions.

2. The Committee acknowledges that the Committee on Government Operations and the
Environment has transferred $3,653,570 in Capital budget authority for “Homeless No
More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the
Department of Human Services (DHS). These funds are to be used to provide housing
for the District’s families who are homeless.

3. The Committee recommends a thorough re-evaluation of the performance of the Adult


Protective Services agency (APS) during FY 2010, with careful consideration given to
whether this function should remain a part of the DHS budget request in FY 2011.
Careful consideration should be given to the possibility that the APS function should be
transferred to an Agency with greater emphasis on long-term care and coordination with
community-based providers, such as the Office on Aging or the Department of Health.

4. The Committee requests that the Department evaluate case management services
provided to homeless individuals during the hypothermia season and develop a protocol
that evaluates each resident's needs to help them emerge from homelessness. The
Committee requests that the Department forward a copy of this protocol to the
Committee as part of its annual Winter Plan during FY 2010.

5. The Committee requests that the Department implement specialized training of staff to
improve the standards of living for residents of District funded facilities for homeless
individuals. The Committee requests that the Department provide a report to the
Committee at the beginning of each fiscal year on trainings conducted and the content of
these trainings.

6. The Committee requests that the Department review its policies regarding entry to
shelters when it is raining and consider allowing people to enter facilities at an earlier
10
time when it is raining or provide an awning for residents to wait under to be shielded
from the rain. The Committee requests that the Department advise the Committee on its
policies by the beginning of FY 2010.

7. The Committee requests that the Department develop a procedures manual for staff and
residents with contingency procedures to be followed during emergencies. The
Committee requests that the Department forward a copy of this procedures manual to the
Committee by the beginning of FY 2010.

8. The Committee directs the Department to regularly assess security at all public shelters
and develop a plan to improve security. The Committee requests that the Department
forward a copy of this plan to the Committee by the beginning of FY 2010.

9. The Committee requests that the Department provide annual reports for each public
shelter facility that includes all complaints and incidents and resolutions to these
complaints and incidents. This report should be provided to the Committee at the
beginning of each fiscal year and can be consolidated with the report on trainings
conducted to improve standards of living at the facilities (see Paragraph 5).

10. The Committee understands that there is a tracking system of homeless individuals and
families that comports with the statutory requirements of D.C. Code § 4-753.02(d).
However, the Committee is concerned that there is a lack of transparency regarding this
information. Currently, the Department is not sharing the information with the public
despite the fact that there is no legal limitation to sharing such information. The
Committee directs the Department to make this information publicly available and easily
accessible.

11. The Committee recommends that a volunteer internal investigation board be created to
evaluate all complaints from residents who stay at homeless public shelter facilities, and
that the Board’s analysis and evaluation of complaints be included in an annual report on
each public shelter facility.

12. The Committee accepts a transfer of $100,000 from the Committee on Government
Operations and the Environment to the Department to support a one-time grant to the
Community Council for the Homeless in Friendship Place to assist its mission and
outreach to residents who are, and have been, homeless.

13. The Committee accepts a transfer of $250,000 from the Committee on Housing and
Workforce Development to the Department of Human Services to support a one time
grant to Housing Access, Inc., to support the housing needs of District veterans.

14. The Committee directs the Department to utilize not less the $500,000 of federal stimulus
funds to develop a “Healthy Foods Initiative” to supplement Food Stamps benefits for
families receiving TANF benefits for use at area Farmer’s Markets to purchase locally
grown and fresh produce.
11
15. By October 1, 2009, the Department of Human Services shall report to the Council on
implementation initiatives included within the FY 2010 budget to limit Alliance coverage
to District residents not eligible for other health insurance and ensure that the Alliance
program is limited to District residents by enforcing residency requirements and program
controls.

16. The Committee finds that expansion of the categorical eligibility rules would benefit the
District’s food stamp program, and recommends Budget Support Act language to expand
categorical eligibility rules in the District’s food stamps system of benefits.

Child and Family Services Agency

1. The Committee strongly supports the Mayor’s FY 2010 proposed budget increase for
subsidies for the Grandparents Subsidy Program to $4,665,033, which represents an
increase of $185,213. The Mayor’s increase will support the expansion of an additional
40 families in FY 2010. The Committee finds that a total of $1,600,000 would be
necessary to support all 198 children currently on the waiting list. The Committee would
like to abolish the waiting list yet is unable to find reductions within this agencies budget
to support abolishing the waiting list in FY 2010. In order to assist a portion of those
remaining on the waiting list the Committee is requesting that the full Council provide
$1,100,000 in funding to support 122 of the 198 wait-listed children who are on the
Grandparents Subsidy Program waiting list. The Committee recommends that the full
Council provide $1.1 million in additional revenue to the Child and Family Services
Agency for this purpose. Among the options that should be considered to meet this
need is the adoption of a District-wide increase in the gasoline tax of $.01.

2. The Committee directs the Agency to eliminate all contracts for paid mentoring after they
expire on January 30, 2010. For FY 2010 the mentoring contracts total approximately
$2.5 million. Of the amount unexpended following the expiration of these contracts in
January 2010, the Committee directs $1,190,000 to be allocated for the re-establishment
of the Rapid Housing Program. At this funding level the program will be able to support
150 families and 110 emancipating youth in FY 2010. The Committee directs the Agency
to use the remaining funds to support a transition to volunteer mentoring services. An
action plan outlining how the Agency will move forward in building volunteer mentoring
capacity shall be submitted to the Committee by October 1, 2009.

3. The Committee directs the Agency to competitively bid the services and programs
currently administered through the Center of Keys for Life program to a private service
provider. The contract shall continue services at a level no less than currently provided by
CFSA. The amount of $1.29 million is directed for this contract. The Requests for
Proposal shall be completed by January 1, 2010. CFSA will continue to administer the
Education and Training Vouchers (ETV) program, currently part of the Keys for Life
program. The ETV program is federally funded through the John H. Chafee Foster Care
12
Independence Program (Chafee) and provides funds for states to assist youth in receiving
post-secondary education and training.

4. The Committee recommends that CFSA in coordination with the Court Monitor and
Plaintiffs in the LaShawn case evaluate whether contracting and procurement authority
should be transferred back to the Office of Contracts and Procurement, and make a joint
recommendation to the Committee by no later than January 1, 2010.

5. The Committee recommends the elimination of $818,959 for the build-out of CFSA’s
Office of Youth Development staff and program space for the Youth Transition Center
and directs the following:

• The Committee directs the Agency to award a $75,000 grant to a private entity
with a demonstrated record of providing services to youth in the District’s foster
care system, to develop a comprehensive youth centered program and service
delivery action plan for the establishment of a Youth Transition Center. Such
plan shall be submitted to the Committee for review by January 1, 2010. The
action plan will serve as an extension of the Center for the Keys for Life program
and will guide the development of the Transition Center. The action plan shall
focus on providing innovative quality programs aimed at assisting youth in
making a successful transition to adulthood.

• $50,000 to the Perry School Community Services Center, Inc. The Perry School
was created in 1991 to address issues of chronic poverty in the North Capitol area
of Washington, DC and provides services in youth development, economic
empowerment and social services.

• $68,359 to commission a longitudinal study conducted by a local School of


Social Work on foster youth who have aged out of foster care.

• $125,000 to the Parent Advocate Program. The purpose of this program is to


facilitate strong relationships between birth families, foster parents, and social
workers through early engagement soon after a child is placed in out-of-home
care. The Parent Advocate Program embraces the philosophy that intensive and
structured parent-focused services and support can assist parents and families in
case planning and self-advocacy to successfully reunify with their children. The
project utilizes trained Parent Mentors who have, in the past, successfully
reunified with their children under CFSA supervision. Parent Mentors provide
families with one-on-one support and guidance as they navigate the child welfare
and family court systems and help them obtain support services that will expedite
their reunification. The Committee directs the Agency to provide a quarterly
analysis, beginning on January 1, 2010, of the program’s outcomes.

13
• $125,000 allocation to increase the number of youth served by the Permanency
Opportunities Program (POP) operated through Adoptions Together. Under this
program, Adoptions Together develops and leads a high impact team to review 40
cases of foster children and youth who have a permanency goal of adoption. The
impact team is comprised of Adoptions Together staff, CFSA staff, and
representatives of the private agencies serving the reviewed youth to evaluate 40
children and youth who have a permanency goal of adoption but who either have
experienced delays in finalizing permanency with an identified family or who
have not yet had a permanent family identified. These reviews identify barriers
and determine the most effective approach to achieve permanency. The
Committee directs the Agency to provide a quarterly analysis, beginning on
January 1, 2010, of the program’s outcomes.

• The Committee directs $125,000 to expand the Permanency Opportunity Program


(POP). With this funding allocation the program can accommodate the unique
needs of 25 youth of the 778 youth within the Another Planned Permanent Living
Arrangement (APPLA) population. As CFSA identifies children from the APPLA
cases, Adoptions Together shall provide training and technical assistance to
CFSA in the POP logic model, processes, and procedures to ensure consistency
and effectiveness in identifying permanency barriers and performing case mining
for identified cases under the purview of this project as well as provide direct
services. The Committee directs the Agency to provide a quarterly report,
beginning on January 1, 2010, of the program’s outcomes, including a description
of direct services and technical assistance to be delivered by Adoptions Together
in the following five key areas:

1. Case mining;
2. Innovative and cutting edge best practice child-specific recruitment
activities;
3. Training for prospective adoptive parents, foster parents, and teens;
4. Working with reluctant or resistant teens who are initially refusing
adoption, through connection to volunteer mentoring programs, and
partnership with an existing program that focuses on creating
permanent connections with caring adults by providing youth with
weekend host parents, conducting regular events at which youth can
meet possible host and adoptive parents, and providing ongoing
support to children and host and adoptive families; and
5. Matching, placement, and post-placement support.

• The Committee directs the Agency to provide the Healthy Families Thriving
Communities Collaboratives $75,600 to develop a plan to reduce the incidence of
abuse and neglect by geographic area to be submitted to the Committee by
January 30, 2010. The plan shall include but not be limited to data reflecting the

14
past three years for both investigated and substantiated cases by geographic
location and concrete recommendations.

• $100,000 transferred to the Department on Disability Services (DDS) for the


implementation of Facilitated Family Group Decision Making (FFTM)

• A $40,000 grant to the Council for Court Excellence to perform an analysis and to
make policy recommendations, to be received by the Committee by no later than
January 1, 2010, regarding the D.C. Superior Court, Family Court Division’s,
practices in granting Termination of Parental Rights requests by the Agency.

6. The Committee recommends that the full Council approve an inter-Agency transfer of
$4.2 million from the Office of the Transportation Administer CFSA to support the
Agency’s responsibility for payment of the costs associated with the transportation of
District wards with special needs placed in Maryland specialized foster homes. The
transferred amount shall be viewed as a baseline and transportation costs that exceed this
amount shall be the responsibility of CFSA. The Committee recommends the creation of
a non-lapsing fund exclusively for any cost savings resulting from this transfer effective
FY 2010. In order to encourage the creation of more specialized foster homes in the
District, the Agency should consider using any cost savings to implement initiatives such
as a payment differential for CFSA licensed specialized foster homes or an annual bonus
payment for CFSA or private Agency licensed specialized foster parents in the District of
Columbia.

7. The Committee directs the Agency, in consultation with public and private stakeholders,
to develop a set of discrete set of performance measurements that can be used internally
by the Monitor, the federal court, the Plaintiffs’ counsel, the City Council, for the
Mayor’s CapStat process, and the public as recommended by the Public Catalyst Group
in their December 2008 report, to be submitted to the Committee for review by October
1, 2009.1

8. The Committee directs the Agency to adopt a data management policy to eliminate any
unnecessary data collection and analysis as recommended by the Public Catalyst Group
in their December 2008 report.2

9. The Committee directs the Agency to submit plans for a differential response system by
January 1, 2010, that will be reflected in the Agency’s FY 2011 budget request. The plan
should reflect the Agency’s collaboration with community based organizations. CFSA
shall adopt policies and procedures for the implementation of the differential response
system that furthers the Agency’s mission and uses evidence-based features of
differential response from other state systems. CFSA shall ensure that all workers are

1
Report and Recommendation Pursuant to LaShawn v. Fenty Stipulated Order of October 2008 by the Public
Catalyst Group.
2
Ibid.
15
aware of and receive the appropriate training on the policies and procedures guiding the
implementation of the differential response system. CFSA will also ensure that the
system is consistent with best practices and that outcome data is provided in order to
measure the system’s successfulness. The creation of a differential response system is the
only remaining initiative identified in the “Repairing the Safety Net for At-Risk Youth
and Families Reform Plan” highlighted in the Committee’s FY 2009 Committee Report
under the oversight of CFSA that has not been met.

10. The Committee directs the Agency to submit plans for the implementation of a
performance based-contract model by July 1, 2009 or before any Request for Proposals
(RFP) are released.

11. The Committee directs the Agency to include the Healthy Families Thriving
Communities Collaboratives and Healthy Families Thriving Communities Collaborative
Council in any decision-making process related to funding reductions.

12. The Committee directs the Agency to gather data and provide analysis of outcomes for
children youth and families as a result of co-location of CFSA in-home social workers
and aides to the Healthy Families Thriving Communities Collaboratives, specifically
reporting on the increase or decrease of substantiated abuse and neglect complaints for
residents of each Collaborative area, the increase or decrease in number of social worker
visits to families, and the increase or decrease of family team meetings conducted prior to
out of home placement to be submitted to the Committee by January 1, 2009.

13. CFSA currently refers families who are the subject of a report of abuse or neglect to the
Healthy Families/Thriving Communities Collaboratives when the risk is determined to be
low or moderate and the family needs additional support after the investigation closure.
During the month of February 2009, 81 families who were the subject of substantiated
reports of child maltreatment and who were determined to be of low or moderate risk for
additional maltreatment were referred to seven Collaboratives through the Collaborative
Liaison Office from the CPS Administration. The Committee directs the Agency to
gather data and provide analysis of outcomes for low or moderate risk families that have
been referred to the Healthy Families/Thriving Communities Collaboratives to be
submitted to the Committee on a quarterly basis beginning January 1, 2010. The analysis
should identify the category of the initiating report, services being provided, duration of
the open Collaborative case, reason for case closure, and the number of cases per month
that involve families that have previously received services from the Collaborative.

14. The Committee recommends that the Agency develop a budget format that clearly
explains and tracks the actual activities of the Agency. The Committee has continued to
express concerns about the format of the CFSA budget. The Committee would encourage
the Agency to work toward greater transparency and clarity in its budget presentation. It
is impossible, for instance, to understand how funds are allocated for group home
contracts, independent living contracts, the Center of Keys for Life, and other Agency

16
programs, within the current budget format. It is also impossible to discern how funds
are tied to outcomes or reflect policy and programmatic priorities.

Department on Disability Services

1. The Committee recommends no change to the Mayor’s budget request for the
Department of Disability Services even though the FY10 request of $99,663,013 reflects
a 17.6 percent decrease over the FY09 final budget approval of $120,954,826. This
decrease reflects a transfer of approximately $19 million dollars to the Department of
Health Care Finances (DHCF) to fund the local share of the Home and Community Based
(HCBS) waiver. The Committee strongly supports this transfer to the DHFC budget from
the DDS budget as it is felt that this will create a system that necessitates a greater level
of collaboration, thus enabling both DHCF and DDS to better manage and to more easily
shift funding from the ICF/DD program to the waiver as more of these facilities close and
more people enroll in the waiver over the next three to five years. This new configuration
will encourage the facilitation of on-going meetings and processes to ensure that joint
inter-agency (and intra-agency) strategic planning, decision making and comprehensive
management of the ICF/DD, and both current and future waiver programs occurs as these
programs continue to evolve. This relatively recent successful collaboration has resulted
in ICF/DD rate issues being resolved and with provider payment issues also being for the
most part resolved. For this transfer to be successful it must be supported by a strong
interagency agreement that will spell out how DHCF will work with DDS to implement
these policy and programmatic objectives and to create a long-term understanding by
each agency of its current and future roles and responsibilities to each other and to the
people of the District of Columbia.

2. The Committee also supports the additional transfer within the agency’s budget of $3.4
million dollars previously budgeted (FY09) for the federal court for EVANS compliance
efforts and to the Quality Trust (providers of monitoring, legal services, and advocacy) to
the Agency Management Program within DDS to make their purpose and use more
transparent.

3. The Committee directs a transfer of $100,000 from the Child and Family Services
Agency to the Department on Disability Services/Developmental Disabilities
Administration to develop and implement Facilitated Family Team Meetings (FFTM) for
youth transitioning from CFSA and/or DCPS to DDS. These funds shall be used to
support one (1) additional FTE who shall be a person qualified in the practice of FFTM.
The first year of this initiative shall be considered a pilot project. An annual report on the
initiative shall be submitted to the Committee beginning no later than September 30,
2010.

4. The Committee recommends Budget Support Act language to do the following in


preparation for the implementation of a fully and fairly applied Waiting List:

17
a. Issue rules and regulations, developed in partnership with community
stakeholders, to guide the operations of the Waiting List. These regulations would
detail the Waiting List prioritization and procedures and how DDS/DDA will
manage the Waiting List. Any list must be transparent and move at a pace in
accordance with the Supreme Court‘s Olmstead Decision.
b. DDS/DDA must provide regular reports on individuals applying and waiting for
services. Actual data to be collected for tracking purposes shall be determined
based upon further review of Best Practices and in collaboration with referral
agencies and community stakeholders.

Department of Youth Rehabilitation Services

1. The Committee directs that $980,000 in one-time funds to provide pre-release mentoring
and life skills services to youth, and upon their release, additional supervision through
daily in-home contacts, be competitively awarded through the normal RFP process.

2. The Committee does not support the Mayor’s request for grant-making authority for the
Department of Youth Rehabilitation Services, and recommends this language be stricken
from the Budget Support Act. The request for this authority appears to be overly broad,
and appears to be the result of failures of the District’s Office of Contracting and
Procurement to meet the needs of DYRS. These deficiencies in the Office of Contracting
and Procurement should be addressed as a high priority by the Administration during the
current and next fiscal years.

3. The Committee directs the Agency to revise its Case Management manual to require case
managers to obtain approval from the Director, as opposed to the Chief of Committed
Services, prior to releasing any committed youth from the secure facility in Laurel, MD,
or a Residential Treatment Center, who has been committed for a violent offense.

4. The Committee directs the Agency to submit grants and renewals in excess of $1 million,
made to the CYITC for the Lead Entities Initiative, to the Council for approval consistent
with approval requirements for contracts in excess of $1 million.

5. The Committee directs DYRS to provide quarterly reports regarding grantee performance
under the Lead Entities initiative reflecting the following: performance measures and
actual performance, services provided to DYRS youth and families, entities providing
such services, number of individuals served by entity, flexible funding expenditures,
date(s) of services, type of service, and amount paid.

6. The Committee directs DYRS to continue to report on recidivism rates for all committed
youth at six-month and one-year intervals from the date of their release, as initially
requested in the Committee’s Report on the Fiscal Year 2009 Budget Request.

18
Children and Youth Investment Collaborative

1. The Committee adopts the Mayor’s request to add one-time funds for a grant in the
amount of $250,000 to empower youth to reclaim the environmental, social, and
economic health of their communities, but directs these funds to be awarded under the
regular competitive processes of the CYITC.

2. The Committee adopts the Mayor’s request to add one-time funds for a grant in the
amount of $150,000 to provide educational, athletic, emotional and socially enriched
choices for youth, but directs these funds to be awarded under the regular competitive
processes of the CYITC.

3. The Committee directs CYITC to implement policies and procedures to protect the safety
of children and youth served by grantees by requiring criminal background and traffic
records checks for employees of grantees who work directly with children and youth.

4. The Committee accepts a transfer of $700,000 in local funds from the Committee on
Public Works and Transportation, and allocates this amount to CYITC, to be distributed
evenly between the Southwest/Waterfront neighborhood and the Near Southeast/Hill East
neighborhood for youth programming and activities, to be awarded through the regular
competitive process of CYITC, to offset the loss of the Boys and Girls Clubs serving
those neighborhoods.

5. The Committee recommends the adoption of Budget Support Act provisions to enhance
transparency of the CYITC grant-making process.

Additional Budget Need Not Funded in the Committee’s Recommendations

Grandparents Subsidy Program: $1,100,000 to support providing services to 122 of the


198 wait-listed children who are on the Grandparents Subsidy Program wait list.

19
ISCAL YEAR 2010 BUDGET OM
III. AGENCY FISCAL YEAR 2010 BUDGET RECOMMENDATIONS
TI
A. INTRODUCTION
The Committee presents its recommendations for the District of Columbia’s Fiscal Year 2009
budget. The Committee on Human Services is responsible for matters concerning welfare; social
services; youth affairs (other than juvenile court proceedings); and disability services. The
following agencies come within the purview of the Committee on Human Services: Board of
Social Work, Child and Family Services Agency, Children and Youth Investment Collaborative,
Department of Disability Services, Department of Human Services and Department of Youth
Rehabilitation Services.

On March 20, 2009, Mayor Adrian Fenty submitted to the Council of the District of Columbia a
proposed operating budget and financial plan for the upcoming fiscal year. The Committee held
budget hearings to review the proposed budgets for the agencies under its purview, as follows:

March 25, 2009 Department on Disability Services


Department of Human Services
April 3, 2009 Child and Family Services Agency
April 6, 2009 Department of Youth Rehabilitation Services
Children and Youth Investment Collaborative

20
B. DEPARTMENT OF HUMAN SERVICES
Department of Human Services - Operating Budget Summary Table (Dollars in Thousands)
Percent
Change
Actual Actual Approved Proposed Committee Committee from FY
FY 2007 FY 2008 FY 2009 FY 2010 Variance Approved 2009
Local Funds 272,198 137,874 168,882 153,027 350 153,377 -9.2%
Special
Purpose 3,763 2,776 2,800 2,725 0 2,725 -2.8%
Dedicated
Taxes 0 0 0 0 0 0 0.0%
Federal
Funds 174,110 146,499 156,558 156,271 0 156,271 -0.2%
Private
Funds 71 66 91 0 0 0 -100.0%
Intra-
District 35,731 29,557 11,514 11,515 0 11,515 0.0%
GROSS
FUNDS 485,874 316,772 339,845 323,538 350 323,888 -4.7%

Department of Human Services - Full Time Equivalent Table


Local Funds 491.9 298.4 318.9 268.1 0.0 268.1 -15.9%
Dedicated
Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Federal Funds 888.5 761.4 590.3 603.7 0.0 603.7 -2.3%
Private Funds 0.0 0.0 1.0 0.0 0.0 0.0 -100.0%
Intra-District 1.0 1.0 25.0 20.0 0.0 20.0 -20.0%
GROSS
FUNDS 1,381.4 1,060.8 935.1 891.8 0.0 891.8 -4.6%

Mission of the Department of Human Services

The mission of the Department of Human Services (DHS) is to coordinate and provide a range of
services that collectively create the enabling conditions for economically and socially challenged
residents of the District of Columbia to enhance their quality of life and achieve greater degrees
of self-sufficiency.

According to Mayor’s DHS budget documents submitted the Council the agency’s Performance
Plan has the following objectives for FY 2010:

Objective 1: Connect residents with the necessary range of support services that will create the
enabling conditions to achieve the greatest possible degree of self-sufficiency.

Objective 2: End homelessness in the District of Columbia.

21
Objective 3: Intervene, protect and grow the capacity of District residents vulnerable to abuse,
neglect, and exploitation.

Objective 4: Ensure ease of use, coordination, accountability and efficiency in the eligibility
determination system.

These objectives are funded through the following agency programs:

■Family Services Administration (FSA) - provides social services, case management, and
crisis intervention to meet the needs of vulnerable adults at-risk for abuse and neglect and
families with children so that they can achieve stabilization and self-sufficiency. FSA this year
also has a division for Homeless Services that provides shelter, housing stabilization, and crisis
intervention through a community-based organization to individuals and families in the District
of Columbia who are homeless or at risk of homelessness so that they can obtain and/or maintain
improved housing.

■Income Maintenance Administration (IMA) - determines the eligibility of applicants for


assistance programs funded by the federal and District governments. Its mission is to help low-
income individuals and families obtain and maintain employment, so that they can achieve self-
sufficiency.

■Agency Management Program - provides for administrative support and the required tools to
achieve operational and programmatic results. This program is standard for all agencies using
performance-based budgeting.

■Agency Financial Operations - provides financial management services to and on behalf of


District agencies so that the financial integrity of the District of Columbia is maintained. This
program is standard for all agencies using performance-based budgeting.

FY 2010 Program Structural Change

The Department of Human Services had one proposed structural change in the FY 2010
Proposed Budget. The Homeless Services program was incorporated into the Family Services
program.

Mayor’s FY 2010 Budget Proposal

Gross Funds

The Mayor’s proposed FY 2010 gross funds budget for the Department of Human Services is
$323,538,134 representing a decrease of $16,306,625 or 4.8 percent below the FY 2009
approved budget of $339,844,759. There are 891.8 operating FTEs for the agency, a decrease of
43.4 FTEs from the FY 2009 level.

General Fund - Local


22
The proposed budget is $153,027,000, a decrease of $15,855,000 or 9.4 percent below the FY
2009 approved budget of $168,882,000. There are 268.1 FTEs, a decrease of 50.8 FTEs or 15.9
percent over the FY 2009 level of 318.9 FTEs.

General Fund - Special Purpose Revenue Funds

The proposed budget is $2,725,000, a decrease of $75,000, or 2.7 percent below the FY 2009
approved budget of $2,800,000. There are no FTEs associated with this fund.

Federal Grants

The proposed budget is $145,494,000, a decrease of $1,179,000, or .8 percent below the FY


2009 approved budget of $146,673,000. There are 455 FTEs, a decrease of 9 FTEs, from FY
2009.

Federal Medicaid Fund

The proposed budget is $10,777,000, an increase of $893,000, or 9.0 percent over the FY 2009
approved budget of $9,885,000. There are 148.7 FTEs, an increase of 4.4 from FY 2009.

Private Grant Fund

The proposed budget for FY 2010 is $0 a decrease of 100 percent over the FY 2009 approved
budget of $91,000.

Capital Budget Request

The Department for the Human Services did not present a Capital Budget Request for FY 2010.

Baseline Adjustments

• A reduction of $8,550,000 in the Family Services program for subsidies and transfers that
included $8,000,000 for Housing First and $550,000 for agency earmarks to reflect one-time
funding for these programs in FY 2009.

• A reduction of $4,774,000 in multiple programs due to revised fixed cost estimates.

• An increase of $3,989,000 in multiple programs for contractual services to offset revised fixed
cost estimates.

Cost Savings

• Three facilities will be vacated and relocated -- NE Service Center (3917-19 Minnesota Avenue
NE), the IMA Change Center (33 N Street NE) and the Family Services Administration (2146
23
24th Place NE) -- where the building leases do not expire in FY 2009, only the security costs for
the locations are reduced, leading to a total savings of $906,939.

• This budget also revises two previous estimates, removing erroneous charges for 717 14th Street
NW and rent at DC Village, a District-owned building - a total reduction of $1,488.974.

• Shelter security savings were completely removed at the Virginia Williams Resource Center and
80 percent of security services were removed from the DC General family shelter, for a total
savings of $554,517.

• Shelter occupancy savings were removed from 342 37th St SE and 1355-57 Valley Ave, totaling
$125,200 in savings.

• Shelter janitorial costs for 2210 Adams NE, 4 DC Village, 1725 Lincoln Road NE and 611 N St
NE were reduced by 80 percent or $95,370.

• $57,802 reduction in electricity.

• $205,649 reduction in fleet management.

• $34,720 decrease in out-of-state travel.

• $161,337 decrease in occupancy costs.

• $126,512 telecommunications decrease.

• $350,000 reduction in IT hardware and consulting contracts.

• Revised procurement assessment will decrease by $246,787.

• Personnel shifts -- generally moving from Local to Federal and Medicaid grant funding by way
of filling federal vacancies -- will result in a reduction of $139,992 in Medicaid fund and
$372,884 Federal Grant funds within personal services.

• $1,082,100 in savings from realigning staffing in the areas of fleet, information systems, and
program monitoring & investigations.

• Local savings of $837,501 from realigning agency administrative supports across the
organization.

Policy Initiatives

• Utilizing TANF carryover cash: in FY 2010, DHS will claim three additional programs as MOE
for a total reduction of $8,200,000 in local spending. These programs include $5,700,000 in
Emergency Rental Assistance (ERAP), which goes to TANF eligible families, a $500,000 intra-
24
District transfer from the University of the District of Columbia (UDC) for employment
programming for TANF eligible families, and $2,000,000 in case management services for
homeless families.

• Full amount of the $88,000,000 federal TANF Block Grant will be used through DHS charging
full salaries, $1,720,357, of 20 case managers within FSA, who work exclusively with TANF
eligible families

• DHS will completely expend the remainder of the FY 2010 TANF Block Grant by funding a
portion of the District's Low Income Home Energy Assistance Program (LIHEAP), which is
currently administered by the District Department of the Environment (DDOE).

• In FY 2010, all LIHEAP workers will be co-located at IMA.

• DHS will also pay for $2,000,000 of LIHEAP by including $974,412 in the FY 2010 TANF
Block Grant and employ $1,025,588 of TANF carryover funds.

• Sustain the IDA program by adding $1,998,736 to Local funds in FY 2010.

• Proposed budget designates a total of $7,593,736 for IDA payments and $8,693,000 for ERAP
subsidies as expenditures supported with one-time resources.

Stimulus

In FY 2010, DHS will benefit from the American Recovery and Reinvestment Act (ARRA) in
four principal ways:

• increased ability to draw down TANF carryover funds: DHS will draw down a additional
$5,50000 to backfill a reduction to its capital funds and to use toward creating an
automated case management and client eligibility system;

• an increase in the Food Stamp rates of 13.6 percent that will go directly to all Food Stamp
recipients: will allow Food Stamp recipients to receive an increased monthly benefit of
13 percent.

• a Community Services Block Grant that passes through to designated Community action
agencies: provides funds to lessen poverty and support a range of services for low-
income individuals. The award passes through government agencies to Community
Action agencies, and it is estimated that $10,400,000 will benefit the DC community in
FY 2010.

• Emergency Contingency Fund for TANF: which aims to provide states with relief during
the recession; DHS estimates that it will receive between $1,500,00 and 6,000,000 in FY

25
2010 which will be used to create a Work Advantage program that will support TANF
eligible families.

Committee Recommendation

The Committee approves the Mayor’s proposed baseline adjustments, cost savings, and policy
initiatives for the Department of Human Services as outlined in the FY 2010, operating and
capital budget request and recommends the following changes:

1. The Committee directs the District of Columbia Auditor to prepare a financial impact report
measuring the government-wide savings produced by the District’s Housing First Program in
such areas as emergency services, physical and mental health services, substance abuse
services, personal safety, police services and incarceration. If it is found that the District has
incurred net savings from the Housing First Program, the Committee urges that the Program
be expanded and looks forward to discussing this expansion in future budget sessions.

2. The Committee acknowledges that the Committee on Government Operations and the
Environment has transferred $3,653,570 in Capital budget authority for “Homeless No
More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the
Department of Human Services (DHS). These funds are to be used to provide housing for
the District’s families who are homeless.

3. The Committee recommends a thorough re-evaluation of the performance of the Adult


Protective Services agency (APS) during FY 2010, with careful consideration given to
whether this function should remain a part of the DHS budget request in FY 2011. Careful
consideration should be given to the possibility that the APS function should be transferred to
an Agency with greater emphasis on long-term care and coordination with community-based
providers, such as the Office on Aging or the Department of Health.

4. The Committee requests that the Department evaluate case management services provided to
homeless individuals during the hypothermia season and develop a protocol that evaluates
each resident's needs to help them emerge from homelessness. The Committee requests that
the Department forward a copy of this protocol to the Committee as part of its annual Winter
Plan during FY 2010.

5. The Committee requests that the Department implement specialized training of staff to
improve the standards of living for residents of District funded facilities for homeless
individuals. The Committee requests that the Department provide a report to the Committee
at the beginning of each fiscal year on trainings conducted and the content of these trainings.

6. The Committee requests that the Department review its policies regarding entry to shelters
when it is raining and consider allowing people to enter facilities at an earlier time when it is
raining or provide an awning for residents to wait under to be shielded from the rain. The
Committee requests that the Department advise the Committee on its policies by the
beginning of FY 10.
26
7. The Committee requests that the Department develop a procedures manual for staff and
residents with contingency procedures to be followed during emergencies. The Committee
requests that the Department forward a copy of this procedures manual to the Committee by
the beginning of FY 2010.

8. The Committee directs the Department to regularly assess security at all public shelters and
develop a plan to improve security. The Committee requests that the Department forward a
copy of this plan to the Committee by the beginning of FY 2010.

9. The Committee requests that the Department provide annual reports for each public shelter
facility that includes all complaints and incidents and resolutions to these complaints and
incidents. This report should be provided to the Committee at the beginning of each fiscal
year and can be consolidated with the report on trainings conducted to improve standards of
living at the facilities (see Paragraph 5).

10. The Committee understands that there is a tracking system of homeless individuals and
families that comports with the statutory requirements of D.C. Code § 4-753.02(d).
However, the Committee is concerned that there is a lack of transparency regarding this
information. Currently, the Department is not sharing the information with the public despite
the fact that there is no legal limitation to sharing such information. The Committee directs
the Department to make this information publicly available and easily accessible.

11. The Committee recommends that a volunteer internal investigation board be created to
evaluate all complaints from residents who stay at homeless public shelter facilities, and that
the Board’s analysis and evaluation of complaints be included in an annual report on each
public shelter facility.

12. The Committee accepts a transfer of $100,000 from the Committee on Government
Operations and the Environment to the Department of Human Services to support a one-time
grant to the Community Council for the Homeless in Friendship Place to assist its mission
and outreach to residents who are, and have been, homeless.

13. The Committee accepts a transfer of $250,000 from the Committee on Housing and
Workforce Development to the Department of Human Services to support a one-time grant to
Housing Access, Inc., to support the housing needs of District veterans.

14. The Committee directs the Department to utilize not less the $500,000 of federal stimulus
funds develop a “Healthy Foods Initiative” initiative to supplement Food Stamps benefits for
families receiving TANF benefits for use at area Farmer’s Markets to purchase locally grown
and fresh produce.

15. By October 1, 2009, the Department of Human Services shall report to the Council on
implementation initiatives included within the fiscal year 2010 budget to limit Alliance
coverage to District residents not eligible for other health insurance and ensure that the
27
Alliance program is limited to District residents by enforcing residency requirements and
program controls.

16. The Committee finds that expansion of the categorical eligibility rules would benefit the
District’s food stamp program, and recommends Budget Support Act language to expand
categorical eligibility rules in the District’s food stamps system of benefits.

Family Services Administration

Mayor’s Proposal

The Mayor’s proposed FY 2010 gross funds budget for The Department of Human Services’
Family Services Administration including homeless services is $87,068,000. This proposal is
$65,477,000 greater than the approved FY 2009 Family Services Administration budget of
$21,590,000.
FSA Mission and Structure

The Family Services program provides social services, case management, and crisis intervention
to meet the needs of vulnerable adults and families with children so that they can achieve
stabilization and self-sufficiency.

The administration is organized into the following 10 activities: Adult Protective Services,
Domestic Violence Services, Homeless Services, Fatherhood Initiatives, Refuge Settlement
Services, Teen Pregnancy Prevention Services, Strong Families, Quality Assurance, Community
Services, and Subsidy Transfer.

• Adult Protective Services provides protection, counseling and crisis intervention to vulnerable
adult residents of the District of Columbia so that they can be safe from abuse, neglect and
exploitation. The proposed FY 2010 gross budget for this activity is $3,675,000, which
supports 26 FTEs.

• Domestic Violence Services provides protection, emergency shelter and crisis intervention to
victims of domestic violence so that they can seek immediate relief from harm. The proposed
FY 2010 gross budget for this activity is $697,000.

• Fatherhood Initiatives provides assistance to fathers attempting to connect/reconnect with


their children. The proposed FY 2010 gross budget for this activity is $1,990,000, which
supports 8 FTEs.

• Homeless Services Program provides shelter, housing stabilization, and crisis intervention to
individuals and families in the District who are homeless or at risk of homelessness, so they
can obtain and/or maintain improved housing. The proposed FY 2010 budget is $54,867,000
which supports 10.6 FTEs.

28
• Community Services works through a network of community organizations to create,
coordinate and deliver programs and services to poor and low-income residents so that they
can move toward self-sufficiency. The proposed FY 2010 budget for this activity is
$20,992,000, which supports 5.1 FTEs. .

• Refuge Resettlement Services provides financial, medical, employment, acculturation, and


other support services to refugees and those seeking asylum that have resettled in the District
so that they can move toward self-sufficiency. The proposed FY 2010 budget for this activity
is $928,000, which supports 1.8 FTEs.

• Teen Pregnancy Prevention Services provides informational and educational pregnancy


prevention services to teens to help prevent early parenthood and to teen parents to help
prevent additional pregnancies. The proposed FY 2010 budget for this activity is $476,000,
which supports 6.1 FTEs.

• Strong Families provides comprehensive case management services and clinical intervention
to vulnerable families to promote stability, foster healthy family development, and minimize
barriers that adversely impact self-sufficiency. The proposed FY 2010 budget for this activity
is $2,887,000, which supports 30.1 FTEs.

• Quality Assurance provides oversight and monitoring services to ensure compliance with
program requirements so providers can deliver quality services. The proposed FY 2010
budget for this activity is $325,000, which supports 2.9 FTEs.

FSA Performance Review

Justification for the DHS FY 2010 budget request was provided by Mr. Clarence Carter, Director
of the Department of Human Services at the Committee’s March 25the budget hearing. Mr.
Carter testified that the DHS budget maintains funding for the Housing First Permanent Supportive
Housing (PSH) initiative. In this year’s budget proposal housing and wrap-around services remain
constant for the 655 chronically homeless individuals and 80 families that are currently in the
program (note: the 80 families should be placed soon). Mr. Carter also noted that the 2009 annual
count of individuals and families who are homeless revealed a 15% reduction in street homelessness
that was directly attributable to their PSH efforts which is the first such reduction in street
homelessness ever recorded in the District.

Housing First Initiative

Last year, the Mayor proposed a revolutionary, yet tested, approach for addressing and bringing
to an end chronic homelessness in the District of Columbia. The District has approximately
1750 chronically homeless residents and 191 families in emergency shelter. Last year the Mayor

29
proposed a plan to decrease the District’s chronically homeless population by 23% and decrease
family homelessness in the District by 42%.

The District PSH initiative is based on a similar program operating in New York City. Rather
than simply meeting the survival needs of homeless individuals and families by providing a
blanket, a cot and a meal the District proposed to first provide a residential living unit to those
who qualify for the program and to engage each individual and family with comprehensive case
management intended to address the root causes of homelessness providing individuals with
what they need to move beyond homelessness. The Council is very pleased that 655 chronically
homeless individuals and 80 families have been served by the PSH program yet we are concerned
that this successful initiate is not being expanded in FY 2010. During last year’s DHS budget
hearing the Committee was informed that approximately 2,400 ambulance calls per year serve
the District’s homeless population. Having these individuals living in supportive housing was
viewed as a possible method that may assist in reducing the number of ambulance runs required
by the homeless. The Committee also suspects that providing housing to the chronically
homeless may also result in significant savings to other agencies whose budgets are impacted by
homeless individuals. This has shown to be the case in other jurisdictions implementing
Housing First programs.

For instance, a study of 1811 Eastlake, a Housing First program in Seattle, Washington,
compared crisis intervention costs for ninety-five housed participants with a control group of un-
housed participants. Participants were chosen because they have extremely high health care
costs. Participants were offered on-site health care services, as well as counseling, though the
study participants were allowed to continue drinking alcohol in their rooms. The crisis
intervention costs measured for savings included emergency medical services, Medicaid -funded
services, hospital-based medical services, jail bookings, days incarcerated, shelter and sobering
center use and publicly funded alcohol and drug detoxification and treatment.

The study found that the Housing First participants had significantly reduced need and associated
costs for crisis intervention services. At six months, Housing First participants accrued
approximately 53% less costs compared to the control group. Further, at twelve months, the
Housing First participants were found to have reduced costs for crisis intervention services of 4.0
million compared to the year prior to enrollment in the Housing First program. Cost savings
were highest for participants who were housed the longest period of time, i.e., twelve months
rather than six months, underscoring the need for permanent programs of this type.

Another Housing First program, Streets to Home, based in Toronto, Canada has produced similar
positive results. Government subsidized permanent housing and follow-up support is provided
to chronically homeless. Since its inception in 2005, Streets to Home, has moved 1,500 people
from the street to permanent housing units and 87% of these people still remain housed at
present. In studies on those persons who have been permanently housed, Streets to Home has
found that the participants have demonstrated improved physical health, mental health, personal
safety, sleep, food quality and social interaction. The use of emergency services from
ambulance, fire, police and jail were all shown to decrease. Furthermore, 49% of the participants

30
reported quitting or decreasing alcohol use and 73% reported quitting or decreasing substance
use.

In light of these cost savings generally produced by Housing First programs, we find it very
important to document the savings that the District of Columbia's Housing First program may
well have already made. To document these findings, we recommend that the District of
Columbia Auditor prepare a financial impact study to measure Housing First District government
savings in such areas as emergency services, physical and mental health services, personal
safety, police, and jail. If it is found that the District has incurred savings from the Housing First
program, we urge that the Program be expanded and look forward to discussing this expansion in
future budget sessions.

Homeless Families: While pleased that 80 families will soon receive funding through the
District Housing First program the Committee is concerned that additional Housing First funding
was not requested for Fiscal Year 10. The Committee is aware that approximately $3,650,000 in
Capital budget authority remains for a project titled “Homeless No More” (Project No. SM437C)
within the Office of the City Administrator. We urge that these funds be used to provide housing
for the District’s families who are homeless.

Issues Surrounding Existing Homeless Facilities

Several issues have been raised to the Committee regarding existing homeless facilities that need
to be addressed. The Committee has received several reports of lack of proper case management
for facilities' residents during hypothermia season. The Committee is thus urging the
Department to assess existing case management services and ensure that a management system is
in place that evaluates each resident's needs to help them emerge from homelessness. Further,
the Committee has received a growing number of complaints about staff at homeless facilities
funded by the City. The Committee urges the Department to implement a program of specialized
training of staff that encompasses whatever training is necessary to help staff improve the
standards of living for facilities' residents. The Committee would like the Department to report
annually to the Committee on trainings conducted and the content of those trainings. The
Committee is also concerned by several reports from facilities' residents that the residents must
stand in the rain waiting for shelters to open their doors at 7:00 p.m. or to leave during periods of
rainfall. The Committee urges the Department to review its rain policies and to provide
flexibility in entering and existing during rainfall. At the very least the Committee recommends
that awning be installed to shelter those entering or existing facilities during rainfall.

The Committee also directs that the Department review its policies and procedures for
emergency situations. The Committee recently received reports of an electricity outage at a
facility that prevented residents from entering the building and having to wait outside for
multiple hours. The Committee urges the Department to develop a procedures manual for staff
and residents with specific contingency procedures to be followed during emergencies. On a
similar note, the Committee has received reports from residents concerned about security at
shelter facilities. Accordingly, the Committee is requesting that the Department regularly assess
security at all public shelters and develop a plan to improve security. Additionally, in light of
31
this variety of concerns, the Committee asks that the Department provide annual reports for each
facility that includes all complaints or incidents arising during the year and resolutions to these
complaints or incidents.

Lastly, in an effort to expand transparency related to reports of incidents at homeless facilities


the Committee urges DHS to increase its oversight of contracted shelters funded by the city. We
recommend that an internal investigation board be created to evaluate and streamline all
complaints from residents who stay at homeless shelter facilities. Such a volunteer board could
include members from DHS, the Washington Legal Clinic for the Homeless, and the Community
Partnership for the Prevention of Homelessness. The goal of the board would be to provide a
system of accountability by which the concerns of the homeless population, not just those that
stay in the shelters, know that their complaints are being taken seriously and not being ignored.

Adult Protective Services

According to information submitted by the Agency to the Committee, “[w]hen APS has its full
complement of social workers (8 in Continuing Service and 8 in Intake) the average caseload is
25 per social worker,” which translates into a total caseload of approximately 400 cases. The
APS report does not include information pertaining to the average length of time cases remain
open, although there is a District requirement that cases are not to remain open more than 90
days. Furthermore, the length of time a case is open doesn’t necessarily reflect the degree to
which the case is challenging. Referrals to APS are not being adequately coordinated with the
type of long-term care needed and a restructuring of the agency is needed. During the past year,
the Committee heard numerous concerns about the Agency’s performance, particularly in light
of the case of the death of a D.C. resident who failed to receive services in time to prevent his
death in squalid conditions in his own apartment. Additionally, in 2009, the Committee
commissioned a report by two Master’s of Public Policy candidates at George Washington
University. The evaluation was conducted under the supervision of Dr. Kathryn Newcomer. A
preliminary report was submitted to the Committee on April 23, 2009. Among its findings, were
the following:

• APS’s 90-day mandate for handling cases does not aligh with the reality of the agency’s
operations. The guideline is not only unclear as to when the 90-day window begins and
ends, it is also unrealistic.
• The current data management system at APS is severely deficient. A modern, state-of-
the-art system would reduce caseworkers times spent on administrative duties, improve
data collection efficiency and reliability, and enable more comprehensive reporting and
oversight.
• Interagency cooperation between APS and other social service agencies is needed.
• Current performance measures do not accurately present decision-makers with a view of
how APS policy is being implemented.3

Committee Recommendations
3
See Report, Ibid.
32
1. The Committee directs the District of Columbia Auditor to prepare a financial impact report
measuring the government-wide savings produced by the District’s Housing First Program in
such areas as emergency services, physical and mental health services, substance abuse
services, personal safety, police services and incarceration. If it is found that the District has
incurred net savings from the Housing First Program, the Committee urges that the Program
be expanded and looks forward to discussing this expansion in future budget sessions.

2. The Committee acknowledges that the Committee on Government Operations and the
Environment has transferred $3,653,570 in Capital budget authority for “Homeless No
More” (Project No. SM437C) from the Office of the City Administrator (AEO) to the
Department of Human Services (DHS). These funds are to be used to provide housing for
the District’s families who are homeless.

3. The Committee recommends a thorough re-evaluation of the performance of the Adult


Protective Services agency (APS) during FY 2010, with careful consideration given to
whether this function should remain a part of the DHS budget request in FY 2011. Careful
consideration should be given to the possibility that the APS function should be transferred to
an Agency with greater emphasis on long-term care and coordination with community-based
providers, such as the Office on Aging or the Department of Health.

4. The Committee requests that the Department evaluate case management services provided to
homeless individuals during the hypothermia season and develop a protocol that evaluates
each resident's needs to help them emerge from homelessness. The Committee requests that
the Department forward a copy of this protocol to the Committee as part of its annual Winter
Plan during FY 2010.

5. The Committee requests that the Department implement specialized training of staff to
improve the standards of living for residents of District funded facilities for homeless
individuals. The Committee requests that the Department provide a report to the Committee
at the beginning of each fiscal year on trainings conducted and the content of these trainings.

6. The Committee requests that the Department review its policies regarding entry to shelters
when it is raining and consider allowing people to enter facilities at an earlier time when it is
raining or provide an awning for residents to wait under to be shielded from the rain. The
Committee requests that the Department advise the Committee on its policies by the
beginning of FY 10.

7. The Committee requests that the Department develop a procedures manual for staff and
residents with contingency procedures to be followed during emergencies. The Committee
requests that the Department forward a copy of this procedures manual to the Committee by
the beginning of FY 2010.

33
8. The Committee directs the Department to regularly assess security at all public shelters and
develop a plan to improve security. The Committee requests that the Department forward a
copy of this plan to the Committee by the beginning of FY 2010.

9. The Committee requests that the Department provide annual reports for each public shelter
facility that includes all complaints and incidents and resolutions to these complaints and
incidents. This report should be provided to the Committee at the beginning of each fiscal
year and can be consolidated with the report on trainings conducted to improve standards of
living at the facilities (see Paragraph 5).

10. The Committee understands that there is a tracking system of homeless individuals and
families that comports with the statutory requirements of D.C. Code § 4-753.02(d).
However, the Committee is concerned that there is a lack of transparency regarding this
information. Currently, the Department is not sharing the information with the public despite
the fact that there is no legal limitation to sharing such information. The Committee directs
the Department to make this information publicly available and easily accessible.

11. The Committee recommends that a volunteer internal investigation board be created to
evaluate all complaints from residents who stay at homeless public shelter facilities, and that
the Board’s analysis and evaluation of complaints be included in an annual report on each
public shelter facility.

12. The Committee accepts a transfer of $100,000 from the Committee on Government
Operations and the Environment to the Department to support a one-time grant to the
Community Council for the Homeless in Friendship Place to assist its mission and outreach
to residents who are, and have been, homeless.

13. The Committee accepts a transfer of $250,000 from the Committee on Housing and
Workforce Development to the Department of Human Services to support a one time grant to
Housing Access, Inc., to support the housing needs of District veterans.

Income Maintenance

Mayor’s Proposal

The Mayor’s proposed FY 2010 gross funds budget for Income Maintenance includes
$214,507,000 and 646 FTEs. This proposal is $24,966,000 less than the approved FY 2009
budget of $214,507,000 and a decrease of 23 FTEs. The program activities are as follows:

1. Income Assistance – provides financial assistance services to eligible individuals so that


they meet their basic needs.
• The proposed FY 20010 gross budget for Income Assistance is $21,437,000, an
increase of 2,024,000 from the FY 2009 approved amount of $19,413,000.

34
2. Temporary Assistance for Needy Families (TANF) – provides employment readiness,
skill development training, educational enrichment, and support services to eligible
individuals so that they can be socially and economically self-reliant.
• The proposed FY 2010 gross budget for TANF is $99,528,000, a decrease of
$51,530,000 below the FY 2009 approved amount of $151,530,000.

3. Case Management Services – provides case planning, service coordination, and


monitoring services to consumers with complex, multiple problems and/or disabilities so
that they can access all of the services and assistance needed.
• The proposed FY 2010 gross budget for Case Management Services is
$6,132,000, a decrease of $370,000 below the FY 2009 approved amount of
$6,503,000.

4. Eligibility Determination Services – provides program eligibility determination services


to disadvantaged individuals so that they can access available services.
• The proposed FY 2010 gross budget for Eligibility Determination Services is
$43,352,000, a decrease of $5,142,000 below the FY 2009 approved amount of
$48,494,000.

5. Quality Assurance – provides monitoring and review services for stakeholders so that
they can be assured of quality human service delivery and accountability.
• The proposed FY 2010 gross budget for Quality Assurance is $4,095,000, an
increase of $278,000 from the FY 2009 approved amount of $3,818,000.

6. Subsidy and Childcare Eligibility – provides determination of the eligibility of applicants


for subsidized childcare services funded by the federal and District governments.
• The proposed FY 2010 gross budget for Subsidy and Childcare Eligibility is
$39,963,000, an increase of $29,776,000 from the FY 2009 approved amount of
$10,187,000.

Agency Mission and Structure

The mission of the Income Maintenance Administration (IMA) is to determine the eligibility of
applicants and re-certify application for assistance programs funded by the Federal and District
governments. IMA also has the goal of assisting low-income individuals and families obtain and
maintain employment, so they can achieve economic self-sufficiency.

IMA determines eligibility for benefits under the following programs:

• Temporary Assistance to Needy Families (TANF)


• Medicaid
• DC Healthy Families
• Food Stamps
35
• General Public Assistance for Children
• Burial Assistance
• Interim Disability Assistance
• Refugee Cash Assistance

In addition, IMA’s Food Stamp Employment and Training Program (FSET) provides
employment and training services to able-bodied adults without dependents who receive food
stamps. IMA also performs monitoring, quality control and reporting functions required by
federal law and court orders.

IMA’s Administrator provides leadership and policy guidance and directs the overall
management and daily operation of the Administration through its deputy administrators and
office heads, and seeks to maximize compliance with Federal and District of Columbia
regulatory requirements and court orders. The Office of the Administrator oversees four
divisions:

The Division of Program Operations delivers services through seven Decentralized Service
Centers located in low-income neighborhoods throughout the city. These centers are:

• Anacostia – 2100 Martin Luther King Avenue, SE


• Congress Heights – 4001 South Capitol Street, SW
• Eckington – 51 N Street, NE
• Fort Davis – 3851 Alabama Avenue, SE
• H Street – 645 H Street, NE
• Taylor Street – 1207 Taylor Street, NW
• Northeast – 3917 Minnesota Ave, NE

Staff at these centers accepts applications and determines or re-certifies the eligibility of low-
income DC families and individuals for social service assistance, including Temporary
Assistance to Needy Families (TANF), General Public Assistance for Children (GPA), Interim
Disability Assistance (IDA), Medicaid, Food Stamps, Refugee Services, and Burial Assistance.
The Food Stamp Employment and Training Program, which helps find employment for Food
Stamp recipients who do not have dependents, and the Office of Work Opportunities, which
helps heads of households applying for TANF seek jobs while their applications are under
review, are also part of this division.

The Division of Program Development and Training provides expert guidance regarding federal
and local laws and regulations and compliance with court orders. Its staff develops and
documents policy to guide the determination of eligibility, and ensure that Income Maintenance
staff acquire and maintain the knowledge and skills required to deliver services according to
established policies and procedures.

The Division of Monitoring and Quality Assurance monitors IMA’s compliance with federal and
local laws and regulations, and court orders addressing the accurate and timely determination of
36
eligibility and administration of benefits. The division coordinates an annual “Food Stamp
Payment Accuracy” conference for IMA staff to meet federal requirements for continued training
and review of errors in the determination of eligibility for food stamps.

The Division of Information Systems plans, develops, oversees and supports the Automated
Client Eligibility Determination System (ACEDS) and the TANF Information System. It serves
as liaison with federal and local agencies in managing and reporting data on the administration of
customer benefits and documentation of the accuracy and timeliness of benefit determination and
issuance.

Committee Recommendations

According to the USDA, Food and Nutrition Service, 753 Farmers' Markets were authorized to
accept Food Stamps, as of the end of FY 2008. This represents a 34 percent increase from FY
2007. There are several methods by which a Farmers' Market can accept a customer's Food
Stamps. A primary method involves the food stamp recipient providing his/her EBT card to the
market manager in return for tokens or paper coupons to make purchases from individual
vendors. In Maryland and the District of Columbia, FreshFarm Markets is representative of the
trend to make Farmers' Markets accessible to individuals on food stamps. Specifically,
FreshFarm Markets at the Silver Spring, Maryland and the H Street, DC locations are now
accepting Food Stamps, using the EBT/token method. In addition to the District of Columbia
and Maryland, in the Mid-Atlantic region, Farmers' Markets in New Jersey and Pennsylvania
also accept Food Stamps as a form of payment. In the Northeast Region, Farmers' Markets in
Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island and Vermont
accept Food Stamps.

Interestingly, in Philadelphia, the Food Trust runs several Farmers' Markets that each accept
Food Stamps. One of Food Trust's markets, the Clark Park Farmers' Market, in West
Philadelphia, has recently become the first of the Food Trust markets to equip each farmer with a
wireless machine so customers do not have to stop at the manager's table to use their EBT cards.

Farmers' Markets on the West Coast are becoming as accessible to individuals on Food Stamps
as those on the East Coast. Many Farmers' Markets in California, Arizona, Guam, Hawaii,
Idaho, Oregon, and Washington now accept food stamps as a form of payment. Overall,
according to the Food and Nutrition Service, Farmers' Markets in 31 states and the District of
Columbia are now accepting Food Stamps. Accordingly:

1. The Committee directs the Department to utilize not less the $500,000 of federal stimulus
funds develop a “Healthy Foods Initiative” initiative to supplement Food Stamps benefits for
families receiving TANF benefits for use at area Farmer’s Markets to purchase locally grown
and fresh produce.

Additionally, the Committee continues to have concerns about the quality and consistency of
eligibility determinations performed by IMA for Medicaid and Alliance coverage. Therefore, the
Committee makes the following recommendation:
37
2. By October 1, 2009, the Department of Human Services shall report to the Council on
implementation initiatives included within the fiscal year 2010 budget to limit Alliance
coverage to District residents not eligible for other health insurance and ensure that the
Alliance program is limited to District residents by enforcing residency requirements and
program controls.

Finally, in its Committee Report last year, the Committee recommended that the District expand
its use of the “categorical eligibility” option for food stamps benefits. Categorical eligibility
allows applicants to bypass the food stamp program’s outdated asset rules and gross income test
rules. The asset rules prohibit households from participation if household assets exceed $2,000
($3,000 for seniors) and gross income rules disquality most households from applying if their
gross income earnings are above 130 percent of the poverty guidelines.

3. The Committee finds that expansion of the categorical eligibility rules would benefit the
District’s food stamp program, and recommends Budget Support Act language to expand
categorical eligibility rules in the District’s food stamps system of benefits.

Agency Management Program

Mayor’s Proposal

The Mayor’s proposed FY 2010 gross funds budget for Agency Management includes
$18,525,000 and 121.5 FTEs. This budget request reflects a $1,040,000 and 17 FTE reduction
when compared to the approved FY 2009 Agency Management budget of $19,565,000.

Agency Mission and Structure

The Agency Management Program is responsible for providing operational support and
necessary tools to support the programs within the Department of Human Services to achieve
operational and programmatic results. This program is standard for all Performance-Based
Budgeting agencies.

Committee Recommendations

The Committee recommends approval of the Mayor’s FY 10 budget request for the Agency
Management Program.

Agency Financial Operations

Mayor’s Proposal

38
The Mayor’s proposed FY 2010 gross funds budget for Agency Financial Operations includes
$3,438, 000 and 33.8 FTEs. This budget proposal reflects a $314,000 and 2.3 FTE reduction
when compared to the approved FY 2009 Agency Financial Operations budget of $3,752,000.

Agency Mission and Structure

The purpose of the Agency Financial Operations program is to provide comprehensive and
efficient financial management services to and on behalf of District agencies so that the financial
integrity of the District of Columbia is maintained.

Committee Recommendations

The Committee recommends no change to the Mayor’s FY 2010 budget request for Agency
Financial Operations. However, the Committee is concerned about the lack of transparency and
difficulty in deciphering the budget request prepared by the Office of Budget and Planning. The
Committee is grateful to DHS Agency Financial Operations personnel for helping to clarify
questions and concerns promptly.

39
Agency Performance

% of reduction in the FY 2007 food stamp error rate2 N/A N/A 2.14% 1.75% 1.80% 2.5%

FY 2007 FY 2008 FY 2008 FY 2009 FY 2010 FY 2011


Year-End Original Year-End Projection Projection Projection
Measure Actual* Target Actual*
Objective 1: Connect residents with the necessary
range of support services that will create the
enabling conditions to achieve the greatest possible
degree of self-sufficiency.
% of TEP participants that have obtained employment 40% 40% 44% 45% 50% 55%
% of TANF participants that move out of sanctions (base N/A N/A N/A 7% 10% 15%
3300 in FY08) into employment or employment activity
% of families receiving homeless services enrolled in N/A 75% 46% 85% 90% 100%
person-centric Case Management services
% of the 3000 identified TANF families, where child N/A N/A N/A 100 800 1,100
support payments are in arrears, where income
increases by at least 5%
Objective 2: End homelessness in the District of
Columbia
# of formerly homeless single adults receiving N/A 40 301 400 TBD TBD
supportive housing and case management
# of formerly homeless families receiving supportive N/A 75 213 100 80 80
housing and case management
% of families moved from DC Village that do not reenter N/A 95% 97% 95% 95% 95%
emergency homeless system from permanent housing

% of Individuals in PSH that do not re-enter N/A N/A N/A 75% 80% 80%
homelessness
Objective 3: Intervene, protect and grow the
capacity of District residents vulnerable to abuse,
neglect, and exploitation.
# of seniors that have had reported instances of abuse, N/A 50% 90% 75% 75% 75%
neglect, or self-neglect that subsequently receive
personal aide services
Objective 4: Ensure ease of use, coordination,
accountability and efficiency in the eligibility
determination system.
# of human services cluster interagency programs or N/A N/A N/A 5 10 TBD
projects linked, enhanced or developed via the
Technical Interagency Resources Board collaboration or
software implementation
% of Medicaid eligibility determinations finalized within N/A 80% 99% 90% 95% 100%
40 days

1 Only includes those housed with local funding, others housed with federal funding.
2
The Food Stamp Error rate for FY07 was 8.31%. The Error Rate for FY08 has only been computed through August 2008 (one month
remaining). The Rate through August 2008 is 6.21%-an estimated reduction of 2.14%.
40
C. CHILD AND FAMILY SERVICES AGENCY
Child and Family Services Agency - Operating Budget Summary Table (Dollars in Thousands)
Mayor’s
Approved Approved Approved Proposed Committee Approved Percent
FY 2007 FY 2008 FY 2009 FY 2010 Variance FY 2010 Change
Local
Funds 181,226 274,265 196,825 213,083 (100) 212,983 8.2%
Dedicated
Taxes 0 0 0 0 0 0 N/A
Special
Purpose 750 1,188 750 750 0 750 0.0%
Federal
Funds 31,950 37,701 30,998 58,203 0 58,203 89.7%
Private
Funds 152 309 23 22 0 22 -4.3%
Intra-
District 72,102 20,174 61,960 12,025 0 12,025 -80.6%
GROSS
FUNDS 286,180 333,636 290,557 284,083 (100) 283,983 -2.3%

Child and Family Services Agency - Full Time Equivalent Table


Local
Funds 590.8 572.7 646.0 611.0 0.0 609.0 -5.7%
Dedicated
Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Federal
Funds 102.0 85.9 116.0 281.0 0.0 281.0 142.2%
Private
Funds 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Intra-
District 165.0 162.9 178.0 0.0 0.0 0.0 -100.0%
GROSS
FUNDS 857.8 821.4 940.0 892.0 0.0 892.0 -5.1%

Executive Summary

Mayor’s Proposal

The Mayor’s proposed FY 2010 gross funds budget for the Child and Family Services Agency
(CFSA) is $284,083,300 representing a decrease of $6,473,505 or 2.2 percent from the FY 2009
approved budget of $290,556,805. This funding supports 892.0 FTEs, a decrease of 48.0 FTEs,
or 5.1 percent, from the FY 2009 approved level of 940.0 FTEs. The Mayor’s budget request
represents an increase of 8.3% in local dollars over the FY 2009 approved budget.

41
Committee Recommendations

1. The Committee strongly supports the Mayor’s FY 2010 proposed budget increase for
subsidies for the Grandparents Subsidy Program to $4,665,033, which represents an increase
of $185,213. The Mayor’s increase will support the expansion of an additional 40 families in
FY 2010. The Committee finds that a total of $1,600,000 would be necessary to support all
198 children currently on the waiting list. The Committee would like to abolish the waiting
list yet is unable to find reductions within this agencies budget to support abolishing the
waiting list in FY 2010. In order to assist a portion of those remaining on the waiting list the
Committee is requesting that the full Council provide $1,100,000 in funding to support 122
of the 198 wait-listed children who are on the Grandparents Subsidy Program waiting list.
The Committee recommends that the full Council provide $1.1 million in additional
revenue to the Child and Family Services Agency for this purpose. Among the options
that should be considered to meet this need is the adoption of a District-wide increase in
the gasoline tax of $.01.

2. The Committee directs the Agency to eliminate all contracts for paid mentoring after they
expire on January 30, 2010. For FY 2010 the mentoring contracts total approximately $2.5
million. Of the amount unexpended following the expiration of these contracts in January
2010, the Committee directs $1,190,000 to be allocated for the re-establishment of the Rapid
Housing Program. At this funding level the program will be able to support 150 families and
110 emancipating youth in FY 2010. The Committee directs the Agency to use the remaining
funds to support a transition to volunteer mentoring services. An action plan outlining how
the Agency will move forward in building volunteer mentoring capacity shall be submitted to
the Committee by October 1, 2009.

3. The Committee directs the Agency to competitively bid the services and programs currently
administered through the Center of Keys for Life program to a private service provider. The
contract shall continue services at a level no less than currently provided by CFSA. The
amount of $1.29 million is directed for this contract. The Requests for Proposal shall be
completed by January 1, 2010. CFSA will continue to administer the Education and Training
Vouchers (ETV) program, currently part of the Keys for Life program. The ETV program is
federally funded through the John H. Chafee Foster Care Independence Program (Chafee)
and provides funds for states to assist youth in receiving post-secondary education and
training.

4. The Committee recommends that CFSA in coordination with the Court Monitor and
Plaintiffs in the LaShawn case evaluate whether contracting and procurement authority
should be transferred back to the Office of Contracts and Procurement, and make a joint
recommendation to the Committee by no later than January 1, 2010.

5. The Committee recommends the elimination of $818,959 for the build-out of CFSA’s Office
of Youth Development staff and program space for the Youth Transition Center and directs
the following:
42
• The Committee directs the Agency to award a $75,000 grant to a private entity with a
demonstrated record of providing services to youth in the District’s foster care
system, to develop a comprehensive youth centered program and service delivery
action plan for the establishment of a Youth Transition Center. Such plan shall be
submitted to the Committee for review by January 1, 2010. The action plan will serve
as an extension of the Center for the Keys for Life program and will guide the
development of the Transition Center. The action plan shall focus on providing
innovative quality programs aimed at assisting youth in making a successful
transition to adulthood.

• $50,000 to the Perry School Community Services Center, Inc. The Perry School was
created in 1991 to address issues of chronic poverty in the North Capitol area of
Washington, DC and provides services in youth development, economic
empowerment and social services.

• $68,359 to commission a longitudinal study conducted by a local School of Social


Work on foster youth who have aged out of foster care.

• $125,000 to the Parent Advocate Program. The purpose of this program is to facilitate
strong relationships between birth families, foster parents, and social workers through
early engagement soon after a child is placed in out-of-home care. The Parent
Advocate Program embraces the philosophy that intensive and structured parent-
focused services and support can assist parents and families in case planning and self-
advocacy to successfully reunify with their children. The project utilizes trained
Parent Mentors who have, in the past, successfully reunified with their children under
CFSA supervision. Parent Mentors provide families with one-on-one support and
guidance as they navigate the child welfare and family court systems and help them
obtain support services that will expedite their reunification. The Committee directs
the Agency to provide a quarterly analysis, beginning on January 1, 2010, of the
program’s outcomes.

• $125,000 allocation to increase the number of youth served by the Permanency


Opportunities Program (POP) operated through Adoptions Together. Under this
program, Adoptions Together develops and leads a high impact team to review 40
cases of foster children and youth who have a permanency goal of adoption. The
impact team is comprised of Adoptions Together staff, CFSA staff, and
representatives of the private agencies serving the reviewed youth to evaluate 40
children and youth who have a permanency goal of adoption but who either have
experienced delays in finalizing permanency with an identified family or who have
not yet had a permanent family identified. These reviews identify barriers and
determine the most effective approach to achieve permanency. The Committee directs
the Agency to provide a quarterly analysis, beginning on January 1, 2010, of the
program’s outcomes.
43
• The Committee directs $125,000 to expand the Permanency Opportunity Program
(POP). With this funding allocation the program can accommodate the unique
needs of 25 youth of the 778 youth within the Another Planned Permanent Living
Arrangement (APPLA) population. As CFSA identifies children from the APPLA
cases, Adoptions Together shall provide training and technical assistance to
CFSA in the POP logic model, processes, and procedures to ensure consistency
and effectiveness in identifying permanency barriers and performing case mining
for identified cases under the purview of this project as well as provide direct
services. The Committee directs the Agency to provide a quarterly report,
beginning on January 1, 2010, of the program’s outcomes, including a description
of direct services and technical assistance to be delivered by Adoptions Together
in the following five key areas:

1. Case mining;
2. Innovative and cutting edge best practice child-specific recruitment
activities;
3. Training for prospective adoptive parents, foster parents, and teens;
4. Working with reluctant or resistant teens who are initially refusing
adoption, through connection to volunteer mentoring programs, and
partnership with an existing program that focuses on creating permanent
connections with caring adults by providing youth with weekend host
parents, conducting regular events at which youth can meet possible host
and adoptive parents, and providing ongoing support to children and host
and adoptive families; and
5. Matching, placement, and post-placement support.

• The Committee directs the Agency to provide the Healthy Families Thriving
Communities Collaboratives $75,600 to develop a plan to reduce the incidence of
abuse and neglect by geographic area to be submitted to the Committee by
January 30, 2010. The plan shall include but not be limited to data reflecting the
past three years for both investigated and substantiated cases by geographic
location and concrete recommendations.

• $100,000 transferred to the Department on Disability Services (DDS) for the


implementation of Facilitated Family Group Decision Making (FFTM).

• A $40,000 grant to the Council for Court Excellence to perform an analysis and to
make policy recommendations, to be received by the Committee by no later than
January 1, 2010, regarding the D.C. Superior Court, Family Court Division’s,
practices in granting Termination of Parental Rights requests by the Agency.

6. The Committee recommends that the full Council approve an inter-Agency transfer of $4.2
million from the Office of the Transportation Administer CFSA to support the Agency’s
44
responsibility for payment of the costs associated with the transportation of District wards
with special needs placed in Maryland specialized foster homes. The transferred amount shall
be viewed as a baseline and transportation costs that exceed this amount shall be the
responsibility of CFSA. The Committee recommends the creation of a non-lapsing fund
exclusively for any cost savings resulting from this transfer effective FY 2010. In order to
encourage the creation of more specialized foster homes in the District, the Agency should
consider using any cost savings to implement initiatives such as a payment differential for
CFSA licensed specialized foster homes or an annual bonus payment for CFSA or private
Agency licensed specialized foster parents in the District of Columbia.

7. The Committee directs the Agency, in consultation with public and private stakeholders, to
develop a set of discrete set of performance measurements that can be used internally by the
Monitor, the federal court, the Plaintiffs’ counsel, the City Council, for the Mayor’s CapStat
process, and the public as recommended by the Public Catalyst Group in their December
2008 report, to be submitted to the Committee for review by October 1, 2009.4

8. The Committee directs the Agency to adopt a data management policy to eliminate any
unnecessary data collection and analysis as recommended by the Public Catalyst Group in
their December 2008 report.5

9. The Committee directs the Agency to submit plans for a differential response system by
January 1, 2010, that will be reflected in the Agency’s FY 2011 budget request. The plan
should reflect the Agency’s collaboration with community based organizations. CFSA shall
adopt policies and procedures for the implementation of the differential response system that
furthers the Agency’s mission and uses evidence-based features of differential response from
other state systems. CFSA shall ensure that all workers are aware of and receive the
appropriate training on the policies and procedures guiding the implementation of the
differential response system. CFSA will also ensure that the system is consistent with best
practices and that outcome data is provided in order to measure the system’s successfulness.
The creation of a differential response system is the only remaining initiative identified in the
“Repairing the Safety Net for At-Risk Youth and Families Reform Plan” highlighted in the
Committee’s FY 2009 Committee Report under the oversight of CFSA that has not been met.

10. The Committee directs the Agency to submit plans for the implementation of a performance
based-contract model by July 1, 2009 or before any Request for Proposals (RFP) are
released.

11. The Committee directs the Agency to include the Healthy Families Thriving Communities
Collaboratives and Healthy Families Thriving Communities Collaborative Council in any
decision-making process related to funding reductions.

4
Report and Recommendation Pursuant to LaShawn v. Fenty Stipulated Order of October 2008 by the Public Catalyst Group.
5
Ibid.
45
12. The Committee directs the Agency to gather data and provide analysis of outcomes for
children youth and families as a result of co-location of CFSA in-home social workers and
aides to the Healthy Families Thriving Communities Collaboratives, specifically reporting on
the increase or decrease of substantiated abuse and neglect complaints regarding residents of
each collaborative area, the increase or decrease in number of social worker visits to families,
and the increase or decrease of family team meetings conducted prior to out of home
placement to be submitted to the Committee by January 1, 2009.

13. CFSA currently refers families who are the subject of a report of abuse or neglect to the
Healthy Families/Thriving Communities Collaboratives when the risk is determined to be
low or moderate and the family needs additional support after the investigation closure.
During the month of February 2009, 81 families who were the subject of substantiated
reports of child maltreatment and who were determined to be of low or moderate risk for
additional maltreatment were referred to seven Collaboratives through the Collaborative
Liaison Office from the CPS Administration. The Committee directs the Agency to gather
data and provide analysis of outcomes for low or moderate risk families that have been
referred to the Healthy Families/Thriving Communities Collaboratives to be submitted to the
Committee on a quarterly basis beginning January 1, 2010. The analysis should identify the
category of the initiating report, services being provided, duration of the open Collaborative
case, reason for case closure, and the number of cases per month that involve families that
have previously received services from the Collaboratives.

14. The Committee recommends that the Agency develop a budget format that clearly explains
and tracks the actual activities of the Agency. The Committee has continued to express
concerns about the format of the CFSA budget. The Committee would encourage the Agency
to work toward greater transparency and clarity in its budget presentation. It is impossible,
for instance, to understand how funds are allocated for group home contracts, independent
living contracts, the Center of Keys for Life, and other Agency programs, within the current
budget format. It is impossible to discern how funds are tied to outcomes or reflect policy
and programmatic priorities.

Agency Mission, History and Structure

The mission of the Child and Family Services Agency (CFSA) is to improve the safety,
permanence, and well-being of abused and neglected children and to strengthen troubled families
in the District of Columbia.
.
The Agency plans to fulfill its mission by achieving the following objectives:

Objective 1: Ensure child/youth safety


Objective 2: Expedite permanency for children/youth
Objective 3: Ensure well-being for children/youth

These objectives are funded through the following agency programs:

46
■Child Welfare - provides time-limited protective services to at-risk families and abused and
neglected children so that they can achieve safety, permanency, and well-being either with their
own families or in alternate family/community settings.

■Adoption and Guardianship Subsidy - provides financial assistance services to eligible


relatives and adoptive parents so that they can maintain children in permanent homes.

■Out of Home Care and Support - provides placement, health care, and related services to
children living away from home and in CFSA custody so that they can be safe and nurtured until
they are reunited with their families or placed in a permanent home.

■Community-Based Services - provides community-based prevention, supportive, and aftercare


services to families and children at-risk in the neighborhoods so that they can achieve safety,
permanency, and well-being in the least restrictive setting, maximizing the use of informal and
formal support systems.

■Agency Management - provides for administrative support and the required tools to achieve
an agency’s operational and programmatic results. This program is standard for all agencies
using performance- based budgeting.

■Agency Financial Operations - provides comprehensive and efficient financial management


services to and on behalf of District agencies so that the financial integrity of the District of
Columbia is maintained. This program is standard for all agencies using performance-based
budgeting.6

Historical Context

In 2001, U.S. District Judge Thomas Hogan returned the child welfare system to the District after
it had been placed in a federal receivership for a period of five years. Upon return, the District
established the Child and Family Services Agency. The Child and Family Services Agency was
federally mandated, under the LaShawn v. Williams Modified Final Order and Court-Ordered
Implementation Plan, adopted in 2003, to meet a wide range of benchmarks. The Center for the
Study of Social Policy (CSSP) is the monitor of achievement of the benchmarks and completes
regular progress reports on the Agency in preparation for Agency status hearings before the
Court.

On February 27, 2007, Judge Hogan approved an Amended Implementation Plan that was
developed during facilitated negotiations between the District and Children’s Rights
Incorporated, the Plaintiffs in the litigation now known as LaShawn v. Fenty. This plan was to
guide the District’s efforts through December 31, 2008, to meet the standards of the LaShawn
Remedial Order and the high expectations the Council and District residents have for our child
welfare system.

6
FY 2010 Proposed Budget and Financial Plan. Child and Family Services Agency, Volume 3.
47
However, in the aftermath of the Jacks/Fogle case, CFSA experienced challenges to their
operations and subsequent challenges with Lashawn compliance. In the months following this
tragic case, CFSA experienced an unprecedented increase to the volume of calls made to the CPS
Hotline. This increase threatened the stability of the Agency’s Intake/Investigations Unit and
resulted in alterations to the scope and work of the 2008 Strategic Plan. At the April 12, 2008,
Budget Oversight hearing convened by the Committee, Judith Meltzer, Deputy Director of the
Center for Study of Social Policy and Court-Appointed Monitor for LaShawn A. v. Fenty
testified:

“We had hoped by this date the District would be further along its path toward a high
quality child welfare system and that the discussions regarding the LaShawn lawsuit
would be about sustaining performance and outcome achievement. Unfortunately, our
current work remains focused on the strategies and corrective actions necessary to both
stabilize the Agency in the aftermath of the Jacks/Fogle children’s deaths and to resolve
longstanding gaps in performance. The dramatic workload increase caused by the
community’s response to the tragedy has, in our view, negatively impacted CFSA and
has threatened forward progress and momentum for positive change.”7

In July 2008, Children’s Rights filed a motion for contempt citing continued noncompliance and
worsening of the agency’s performance. Understanding the necessity to focus work on the
stabilization of basic operations and that commitments to fully implement reform strategies in
2008 would be stymied, a joint decision was made by the Parties to agree to a Stipulated Order
outlining outcomes and benchmarks the District would complete between October 1 and
December 31, 2008, holding the Plaintiff’s motive for contempt in abeyance.8 CFSA successfully
completed all requirements of the Stipulated Order by December 31, 2008, with the exception of
two, the development of an annual strategy plan for 2009 and the selection of a permanent
Director with the input and approval of the Plaintiffs and Monitor.

As part of the Stipulated Order, the Public Catalyst Group ("PCG") was hired by the District to
conduct a comprehensive review of CFSA operations. In its report, PCG recommended that
CFSA immediately form a six-month bridge plan, acceptable to the Court Monitor, to guide
agency reform efforts between January 1 and June 30, 2009.9 The District proposed a six-month
bridge plan and met with the parties to discuss its provisions in January 2009. On January 26,
2009, the District independently submitted a Six Month Strategy Plan to the Court for approval. In
response to the District’s independent submission of a six-month plan, Plaintiffs renewed their
motion for contempt. Prior to a scheduled status hearing on February 6, 2009, the District filed an
addendum to the Six Month Strategy Plan and submitted a separate motion to establish a definitive
timeline for termination of the Consent Decree. At the conclusion of the February 6, 2009, status
hearing, Judge Hogan set a date for an omnibus hearing on all of the outstanding motions including

7
Testimony of Judith Meltzer, Deputy Director, Center for the Study of Social Policy and Court-Appointed Monitor for LaShawn
A. v. Fenty, Committee on Human Services Hearing, February 25, 2009.
8
See, October 6, 2008 Stipulated Order.
9
Report and Recommendations Pursuant to LaShawn. v. Fenty Stipulated Order of October 2008. Public Catalyst Group,
December 23, 2008.
48
Plaintiff’s motion to find the District in contempt and the District’s motion to establish a definitive
timeline for termination of the Consent Decree.

CFSA Performance Review

Since the tragic deaths of the Jacks/Fogle children the Agency has demonstrated its commitment
to strengthening their operations moving forward on many fronts including stabilizing the agency
through solidifying the leadership team, dramatically improving the process of investigating
child abuse and neglect, increasing social work staffing, and the implementation of the reforms
outlined in the “Repairing the Safety Net for At-Risk Children and Families Reform Plan”,
which was highlighted in the Committee’s FY 2009 Budget Report.10

In April 2009, the Office of the Inspector General released the “Report of Special Evaluation:
Interactions between the Jacks/Fogle Family, District Agencies, and other Service Providers
(2005-2008)”, which outlined recommendations for the government agencies that touch the lives
of this troubled family. Prior to the release of this report and immediately following the deaths of
the Jacks/Fogle children, the Agency implemented the following reforms, which were
highlighted in testimony submitted by Peter Nickles, the Attorney General for the District of
Columbia, during the February 11, 2009, Oversight Roundtable on a Review of Repairing the
Safety Net for At-risk children and Families Reform Plan One Year After the Jacks’ Tragedy:

• In collaboration with experts from Casey Family Programs and Child Welfare League of
America, reviewed 306 investigations closed as incomplete in 2007, reopened 84 (27%)
where children might have remained at risk, and completed steps to re-close these
investigations safely. Today CPS will not close investigations until the child is located.

• CFSA has taken steps to reform CPS policies/procedures -- most significantly, to keep
investigations open until social workers locate families and ensure children are safe.
The Agency is now implementing real-time quality assurance process in CPS which will
include regular review of random samples of investigations.

Further, the Agency is receiving technical assistance from the National Resource
Center for Child Protective Services (NRCCPS). The NRCCPS is assisting with the
review/evaluate hotline and investigative policies, procedures, and practices. This
project is expected to be completed during the summer 2009 with updates
the current Hotline and Investigations policies scheduled for completion March 2009
and September 2009 respectively.

• On February 2, 2009 CFSA launched online training for mandated reporters (people
required by law to report known or suspected incidents of child abuse and neglect in the
District). The agency engaged experts to develop online training which is available at

10
Repairing the Safety Net for At-Risk Children and Families Reform Plan
49
http://dc.mandatedreporter.org. The free, online course is now available to all DC
government staff private agencies, and the general public.

• CFSA is now implementing a real-time quality assurance process in CPS, which


includes:

(1) Grand Rounds: a monthly, multi-disciplinary process that includes internal and
external professionals who staff cases, identify case- specific barriers to child safety
and recommend solutions and next steps;

(2) Regular review of random samples of investigations by CPS Program Managers


using a standard review tool. This review will be followed by a validation review
conducted by CFSA quality assurance staff. The goal will be to identify common
issues and supervision and training needs; and

(3) Mid-investigation reviews: The third real time process, which involves the CPS
program managers, supervisors and workers, is a review at the 18th day of an
investigation. The purpose of this review is two-fold: to ensure the investigation is on
track to be closed within 30 days from assignment and to ensure that children have
been seen and safety assessments have been completed.

• CFSA has expanded Coaching, Modeling and Teaching (CMT) Case Review Process to
include hotline intake calls and investigators. The DC ChildStat has been in continuous
operation since March 2008. Each month one to four cases are reviewed by agency
leadership, legal, clinical consultants, quality assurance, policy, and other program areas.
These staffings always include the participation of the agency director and senior
deputies and administrators, thus assuring that the individuals presenting recognize the
significance of the meeting. Over the past year, observers from the Office of the City
Administrator as well as those from other District agencies have been invited to attend.

• CFSA has developed policies for incorporating detail in reporting. CFSA has conducted
additional training for Hotline workers to improve their interaction with callers and to
enhance the thoroughness of critical information they collect and document from
reporters of child abuse/neglect.

• The agency has significantly upgraded technology of the child abuse


and neglect hotline (202-671-SAFE). The new system allows supervisors to
monitor calls in real time for quality assurance purposes, quickly retrieve
recordings of specific call for review, and generate management reports.
Hotline staffs are trained, and the new system is fully operational.

• CFSA has instituted an accountability review of past critical events. CFSA publishes an
annual Child Fatality report detailing trends, findings, and recommendations about
fatalities of children who had contact with CFSA at any time in the previous four years.
The annual report and other reports are posted on the CFSA web site.
50
When child fatality occurs and the child is known to CFSA or where child maltreatment
is suspected cause of death, CFSA convenes a Critical Event meeting to gather facts
about the case, to provide direction on immediate case activities, and to determine if the
fatality meets the criteria for an internal child fatality review. CFSA is currently working
on an updated Critical Event policy which will be released during FY09.

Internal Child Fatality Reviews are held on all cases that were known to CFSA within 4
years of the child's death. In addition, the internal review meetings are used to identify
immediate case-specific corrective actions, identify new and ongoing systemic issues and
prepare for the city-wise CFRC review.

• CFSA has raised community awareness of (202) 671-SAFE and indicators of potential
child maltreatment. The agency has reviewed, upgraded, and revamped information
about reporting child abuse/neglect on its website, and made it more user-friendly.
Additionally, the new online training for mandated reporters contains extensive
information on recognizing the signs of child abuse and neglect and how to make a
report. This online training is free and available to the public.

• CFSA will continue to build a city-wide abuse and neglect prevention plan. In
partnership with the Interagency Collaboration and Services Integration Commission
(ICSIC) and Prevent Child Abuse America, CFSA is developing a city-wide child abuse
and neglect prevention plan which will represent input from the community and wide
variety of stakeholders, including advocacy organizations that work on behalf of
children and youth, advocacy groups, universities, public policy organizations and
research centers.

• CFSA included the creation of an Early Intervention Differential Response System as a


goal in its FYO9 Performance Plan, and towards that end, the agency is developing a
model of differential response that will best fit the needs of the District and which will
be supported other government agencies as well as community-based partners. Over the
past year, with the assistance of the National Resource Center and the American
Humane Association, CFSA has been research various approaches to differential
responses.11

The Agency’s Response

At the Committee’s April 3, 2009, Budget Oversight Hearing, the Agency’s Acting Director, Dr.
Roque Gerald, stated that the agency was intensely focused on furthering child welfare reforms
and providing what children and youth need most: safety, well-being, strong families, and
permanent homes. At the end of January 2009, Dr. Gerald testified, the District child welfare

11
Testimony of Peter Nickles, Attorney General, Committee on Human Services Hearing, February 11, 2009.
51
population was 4,654 children and youth. This includes 2,048 children (44 percent) living in
their birth homes, and 2,237 (48 percent) in foster care.

In summarizing the Mayor’s overall FY 2010 budget request, Dr. Gerald highlighted that of the
$284,083,300 allocated in FY10, $213,083,000 is local funding representing an 8.3% increase.
Dr. Gerald identified the purpose for this increase as a result of significant changes the agency is
making regarding federal claiming. He explained:

“As you know, recent internal audits of Medicaid claiming resulted in large
disallowances of claims made under the Medicaid Targeted Case Management (TCM)
and Rehabilitative Option programs. Given these results and an examination of current
Medicaid claiming practices, it became apparent that future disallowances would more
than likely occur unless we substantially changed practices. In response, CFSA in concert
with the Department of Health Care Finance (DHCF) has undertaken the following:

• First, we stopped claiming for Medicaid TCM and Rehabilitative Services;


• Second, we shifted a portion of this claiming to Title IV-E (Foster Care)
federal grant;
• Third, we engaged with the DHCF to restructure how we claim for services
under the Rehabilitative Option program. We anticipate completing this work
in FY 2009 and restarting claiming for these services by the second quarter of
FY 2010.

Recognizing the transitions in our Federal claiming and ensuring that our planning for
future claiming is done in a manner that maximizes Federal revenue while adhering to
Medicaid’s program rules, the FY 2010 budget includes an increase of $19,415,079 in
local funds. This funding is intended to serve as a “bridge” and ensure that services to our
children and families are not disrupted.”12

The Agency maintains that the changes in claiming to TCM and services under the Rehabilitative
Option will not have an impact on the delivery of services to children. The Committee will
closely monitor the Agency during this transition to ensure that children are receiving the
services that they need. The Committee is also aware that a significant internal challenge related
to TCM and Rehabilitative claming was the accurate documentation of services. The Committee
expects the Agency to ensure that CFSA staff and private agency staff are appropriately trained
in documentation methodology.

In his testimony, Dr. Gerald also identified additional program enhancements contained in the
Mayor’s budget request which included the co-location with Safe Shores/DC Children’s
Advocacy Center (CAC), the establishment of the Youth Transition Center, and additional
funding for In-Home Services and Adoption Subsidies. Dr. Gerald also noted that the proposed
budget supported the continuation of the Grandparents Subsidy Program at a funding level of

12
Testimony of Dr. Roque Gerald, Acting Director, Child and Family Services Agency, Committee on Human Services Hearing,
April 3, 2009.
52
$4,844,000 for FY2010.The Grandparent Subsidy Program offers financial support to help
eligible relatives house, feed, clothe, and raise children, which prevents their entry into foster
care. It is the only one in the country that offers subsidy levels equal to the foster care subsidy.
In acknowledging the importance of families caring for their own children, the District sets a
national example by fully supporting this valuable program entirely with local dollars.

Dr. Gerald testified at the conclusion of his presentation at the April 3, 2009, Budget Oversight
Hearing:

“At our oversight hearing last month, I closed by asking that as a community, we work
together to achieve the bottom line, which is protecting, serving, and helping our most
vulnerable children and families. The Mayor’s proposed FY 2010 budget is one that we
can all be proud of because it demonstrates commitment to a strong safety net for District
children, youth, and families.”13

Mayor’s FY 2010 Budget Request

Mayor's Proposed FY 2010 Budget for CFSA


Agency
Agency Financial
Management Operations
11% Child Welfare
1% 17%
Community
B ased Services Adoption and
9% Guardianship
Subsidy
Out of Home 14%
Care and
Support
48%

Child Welfare. This program provides time-limited protective services to at-risk families and
abused and neglected children so that they can achieve safety, permanency and well being either
with their own families or in alternate family/community settings. The program’s ten activities
are:
• In-Home and Reunification
• Foster Care
• Intake and Investigation
• Teen Services
• Adoptions
• Policy
• Facility Licensing
• Quality Improvement

13
Ibid.
53
• Planning and Data Analysis
• Training

The Mayor’s proposed budget for FY 2010 for this program is $46,962,000. This represents an
increase of $3,188,000 over the FY 2009 approved level of $43,774,000. This budget supports
523 FTEs, a decrease of 13.0 FTEs from FY 2009.

Adoption and Guardianship Subsidy. This program provides financial assistance services to
eligible relatives and adoptive parents so that they can maintain children in permanent homes.
This program contains the following three activities:
• Adoption and Guardianship Subsidy
• Guardianship Subsidy
• Grandparents Subsidy

The Mayor’s proposed budget for FY 2010 for this program is $39,074,000. This represents a
decrease of $794,000 from the FY 2009 approved level of $39,868,000. There are no FTEs
funded by this program.

Out-of-Home Care and Support. This program provides placement, health care and related
services to children living away from home and in CFSA custody so that they can be safe and
nurtured until they are reunited with their families or placed in a permanent home. This
program’s six activities are:
• Child Placement
• Family Resources
• Health Services and Clinical Support
• Licensing and Monitoring
• Family Licensing
• Congregate Care Programs

The Mayor’s proposed FY 2010 budget for this program is $138,406,000. This represents a
decrease of $6,056,000 from FY 2009. This budget supports 203 FTE positions, a decrease of 13
FTEs from FY 2009.

Community-Based Services. This program provides placement, health care, and related services
to children living away from home and in CFSA custody so that they can be safe and nurtured
until they are reunited with their families or placed in a permanent home. This program has one
activity, Community-Based Services.

The Mayor’s proposed FY 2010 budget for this program is $25,121,000. This represents a
decrease of $2,055,000 from FY 2009. This budget supports 7 FTE positions, an increase of 7
FTEs over FY 2009.

54
Agency Management. This program provides for administrative support and the required tools to
achieve operational and programmatic results. This program is standard for all agencies using
performance-based budgeting.

The Mayor’s proposed FY 2010 budget for this program is $31,950,000. This is represents a
decrease of $818,000 from FY 2009. This budget supports 132 FTEs, a reduction of 28.0 FTEs.

Agency Financial Operations. This program provides comprehensive and efficient financial
management services to, and on behalf of, District agencies so that the financial integrity of the
District of Columbia is maintained. This program is standard for all agencies using performance-
based budgeting.

The proposed FY 2009 budget for this program is $2,571,000. This represents an increase of
$62,000 over FY 2009 funding levels. This budget supports 27 FTEs, a decrease of 1 FTEs.

Committee Response to Program Enhancements

The budget proposal includes the following program enhancements.

Increase of $1,500,000 to support In-Home Service and Adoption Subsidies. Over the last
year CFSA has experienced an increase of 61 percent in its in-home population. Under this
program enhancement there will be an additional allocation of $500,000 to the Agency’s In-
Home program to support the costs associated with providing emergency assistance to families.
The remaining $1,000,000 of this program enhancement will be used to support new permanency
initiatives associated with the LaShawn Stipulated Order. The additional funding will be used to
address the projected increase in adoptions as a result of the implementation of these initiatives
and the projected increase in contractual costs of expanding services to all children and youth
with the permanency goal of adoption.

The Committee fully supports these enhancements and admonishes the Agency to keeping a
watchful eye on resources that may be stretched as a result of the economic hardships families
may experience in the current and coming fiscal year and possible increases in the number of
children at-risk of child abuse and neglect. The Committee urges to Agency to quickly identify
any surges on the demand for resources to serve children and families in crisis and request
supplemental appropriations.

The DC Children’s Advocacy Center (CAC) The Mayor’s proposed FY 2010 budget includes
one-time funding of $246,073 for moving and build-out costs and an additional $350,000 in
operating funds. These additional funds will support additional child abuse prevention education
and outreach and increase the length, depth and breadth of service to each child victim of abuse
referred to Safe Shores/CAC by DC’s Multidisciplinary Team on Child Abuse Investigations and
Prosecutions (MDT) through the expansion of existing programs (i.e., therapy, victim services,
and forensic services).

55
The Committee supports the realization of the multidisciplinary team/children’s advocacy center
model in the District and the opening of the new Safe Shores/ MDT location at the former Bundy
School. With the implementation of this best-practice CAC model, the District will finally be in
full compliance with 2002 legislation passed by the City Council that amended the Prevention of
Child Abuse and Neglect Act of 1997 that mandates a MDT approach but more importantly, the
city will be in a better position to provide comprehensive quality services to children who are
victims of physical and sexual abuse.

The Youth Transition Center In FY 2010, CFSA, other youth-serving District agencies, and
community-based organizations will move into the former Merritt School. This facility is being
re-purposed into a one-stop service that will provide life skills training, employment services,
and a range of supports for older District youth. The proposed budget for CFSA includes
$818,959 in one-time funds for moving and build-out costs.

While the Committee supports the concept of a Youth Transition Center as a best practice for
supporting successful transitions to adulthood, the following concerns have impacted the
decision to fully support the $818,959 allocated to the initiative in the proposed budget:

• The Committee is concerned that a comprehensive program and service delivery plan has
not been presented. The Committee also questions the extent to which CFSA plans to
gain feedback from the youth that will be served by the Transition Center and their
commitment to including these youth in any future program planning process.

• The Committee understands that part of the build-out initiative includes the transitioning
of CFSA’s existing Office of Youth Development, under which the Center of Keys for
Life program operates. Youth in foster care age 16 and older can receive services through
the Keys for Life program. This program, which is the Agency’s life skills training
program, is specifically charged with preparing youth for self-sufficiency. However, in
testimony submitted to the Committee during a recently held roundtable for youth in
foster care, the Keys for Life program was described as “disorganized”, “unhelpful”, and
“not hands-on enough”. The Committee is doubtful that the Agency has the ability to
effectively engage and meet the complex needs of youth aging out of care by continuing
to provide services through the Keys for Life program in its current manner and questions
whether this transition to a new location will coincide with desperately needed
programmatic changes. The Committee has not received concrete plans regarding
essential activity and program enhancements that address gaps in service or plans to
restructure the program’s current format based on recommendations made by the youth
the program serves.

• There is growing concern within the youth advocacy community about the adequacy of
the Merritt School as the site for the Youth Transition Center. In testimony presented to
the Committee concerns specifically regarding safety and accessibility to transportation
were expressed.

56
Conclusion

In general, the Committee is pleased that the level of funding in the proposed FY 2010 budget
for the Child and Family Services Agency reflects a continued support for agency reforms and
initiatives from the previous fiscal year including the expansion of mental health services, the
Title IV-E social worker training program to promote retention and recruitment, increased family
team meetings, the provision of short-term respite care for foster care families, and the co-
location of social worker support units in the community given economic challenges. The
Committee strongly supports the decision to protect all social work positions within the agency
and appreciates efforts to restrict cuts to less essential administrative functions and in those areas
where administrative efficiencies can be achieved.

The Mayor’s Office and the Attorney General have stated the firm desire to end the LaShawn
Court Oversight and monitoring by the Center for Study of Social Policy (CSSP). Ultimately, it
will be up to the Parties and the Federal District Court Judge to determine the outcome. While
the Committee understands that this is clearly a priority for CFSA, there are other issues that
demand the Agency’s continued attention.

The Committee is very concerned about the number of youth with the permanency goal of
Another Planned Permanent Living Arrangement (APPLA). As of February 2009, there were a
total of 2,218 children and youth in foster care, 778 of these youth had a permanency goal of
APPLA.14 Although the Agency has begun to implement strategies to prevent the historic overuse
of APPLA as a permanency goal, this work has just started and has not yet resulted in a
significant decline in the number of youth in this population. In comparison to the national
average of 14 percent, 35 percent of the District’s foster youth are goaled APPLA.15 The
Committee expects to see a far higher standard in the coming years. The Agency has much work
to do on this front and steadfast commitment is necessary to ensure that barriers to permanency
are identified and aggressively addressed.

Other areas in need of improvement and reform include the strengthening and in many cases the
re-establishment of ties between youth and their birth families, ensuring that foster youth are
adequately prepared to make a successful transition to adulthood, increasing placement options,
ensuring the quality and consistency of private care services, ensuring the adequacy of mental
health services for youth in care, increasing collaboration with successful community-based
organizations, and the development of tracking measures to determine the extent to which all
community-based prevention activities are achieving reductions in the incidence of child abuse
and neglect in concrete and measurable terms.

The Committee acknowledges the strides that the Agency has made but will continue to closely
monitor the outcomes of reform efforts. The Committee expects and District citizens deserve a
transparent, effective and efficient system constantly striving for compliance with best practice

14
February 2009 Trend Analysis and Management Reports
15
Report and Recommendations Pursuant to LaShawn. v. Fenty Stipulated Order of October 2008. Public Catalyst Group,
December 23, 2008.
57
in all aspects of child welfare work. It is the hope of the Committee that the FY 2010 budget will
keep the Agency on track to becoming high-performing child welfare agency that is consistently
focused on achieving positive outcomes for children and families.

Agency Performance

Table RL0-6 Agency Performance Measures

FY 2007 FY 2008 FY 2008


FY 2009 FY 2010 FY 2011
Performance Measure Year-End Original Year-End
Projection Projection Projection
Actual Target Actual
1. Rate of substantiated child abuse/neglect
per 1,000
Children in DC N/A N/A N/A N/A N/A N/A

2. Total CFSA population 4,557 3,979 N/A N/A N/A N/A


Objective 1

3. Percent of CFSA children/youth in foster


care 50.5% N/A 55.9% N/A N/A N/A
4. Percent of CFSA children/youth receiving
in-home services 48.1% N/A 43.2% N/A N/A N/A
5. Percent of investigations attempted or
initiated within 24 hours of being accepted 48.6% 65% 55.3% 65% 75% 80%
6. Percent of investigations closed within 30
days 56.3% 100% 37.6% 100%* 100%* 100%*
7. Percent of children/youth in foster care
receiving at least 2 visits per month from the
social worker 74.8% 100%* 86.3% 100%* 100%* 100%*
8. Percent of children/youth in-home
receiving at least 2 visits per month from the
social worker 46.7% 100*% 71.5% 100%* 100%* 100*
Objective 2

9. Percent of children/youth in foster care


placed with kin 17.5% 16% 14.7% 20% 22% 25%
10. Percent of children/youth in an approved
adoptive placement within 9 months of their
goal of adoption 57.7% 100%* 54.4% 100%* 100%* 100%*
11. Percent of children/youth in foster care
1
who achieve permanency 46.9% 45% 40.6% 48% 2 50.2% 2 52% 2
Objective 3

12. Percent of children/youth who were


victims of substantiated or indicated abuse or
neglect during the first 6 months of the
reporting year, who did not experience
another incident of substantiated or indicated
abuse or neglect within a 6-month period
(Federal Benchmark: 94.6% or higher) 3 N/A 2 N/A N/A 100%* 100%* 100%*
Objective 4

13. Total number of licensed foster homes 4


903 920 912 930 940 955
14. Average caseload per worker
10 11 11 15 15 15
58
*FY08 projections reflect LaShawn v. Fenty Amended Implementation Plan (AIP) which requires 100% compliance by the end of 2008.
1 The rate of child abuse/neglect is based on the number of substantiations (in FY06: 2,889), divided by the child population (FY06: 114,881),

multiplied by 1,000. Source: 2006 Population Estimate, U.S. Census Bureau; FACES INV086, CFSA.
2 Multi-composite national standard measures calculating the percentage of youth that have exited care at the end of the fiscal year with the following

exit reasons: adoption, guardianship and reunification.


3 This measure is reported to CFSA by the ACF. The latest numbers reported are 2006. CFSA submitted data to the National Child Abuse and Neglect

Data System (NCANDS) on March 31, 2008. The data should be available in September 2008.

59
D. DEPARTMENT ON DISABILITY SERVICES
Department on Disability Services
Actual Actual Approved Proposed Committee Approved Percent
FY 2007 FY 2008 FY 2009 FY 2010 Variance FY 2010 Change
Local Funds 0 81,911 89,071 66,540 100 66,640 -25.2%
Special Purpose 0 4,099 5,800 6,200 0 6,200 6.9%
Federal Funds 0 21,934 26,083 26,923 0 26,923 5.5%
Intra-District 0 400 0 0 0 0 0.0%
GROSS
FUNDS 0 108,344 120,955 99,663 100 99,763 -17.5%

Department on Disability Services


Local Funds 0.0 304.2 257.2 212.6 1.0 213.6 -17.0%
Special
Purpose 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
Federal Funds 0.0 147.6 209.4 209.2 0.0 209.2 0.1%
Intra-District 0.0 0.0 0.0 0.0 0.0 0.0 0.0%
GROSS
FUNDS 0.0 451.8 466.6 421.8 1.0 422.8 -9.4%

Executive Summary

The mission of the Department on Disability Services (DDS) is to provide innovative high
quality services that enable people with disabilities to lead meaningful and productive lives as
vital members of their families, schools, workplaces and communities in every neighborhood in
the District of Columbia.

The agency plans to fulfill its mission by achieving the following objectives:

Objective 1: Enable individuals with developmental disabilities to maximize their independence


and exercise meaningful choice and control over their own lives.
Objective 2: Promote the health and wellness of people with developmental disabilities.
Objective 3: Increase the employment and economic independence of individuals with
disabilities.

These objectives are funded through the following agency programs:

■Developmental Disabilities Administration - provides individualized services, supports, and


life planning to eligible persons so that they can fully participate in the community.

■Rehabilitation Services - assists disabled persons with employment and independent living in
the home and the community. The program provides an array of vocational preparation services

60
for entry into the labor market, including counseling and guidance, assessment services, physical
restoration, vocational training, job search and placements, as well as job retention services.

■Agency Management Program - provides for administrative support and the required tools to
achieve operational and programmatic results. This program is standard for all agencies using
performance based budgeting.

■Agency Financial Operations - provides comprehensive and efficient financial management


services to and on behalf of District agencies so that the financial integrity of the District of
Columbia is maintained.

This program is standard for all agencies using performance-based budgeting

Mayor’s Proposal

The Mayor’s proposed FY 2010 gross funds budget for the Department on Disability
Services includes $99,663,013 and supports 421.8 FTEs, a decrease from FY 2009 approved
levels of $120,954,826 and 466.6 FTEs.

The Mayor’s budget request for the Department of Disability Services is $99,663,013 which
reflects a 17.6 percent decrease over the FY09 final budget approval of $120,954,826. This
decrease reflects a transfer of approximately $19 million dollars to the Department of Health
Care Finances (DHCF) to fund the local share of the Home and Community Based (HCBS)
waiver.

The Committee strongly supports this transfer to the DHFC budget from the DDS budget as it is
felt that this will create a system that necessitates a greater level of collaboration, thus enabling
both DHCF and DDS to better manage and to more easily shift funding from the ICF/DD
program to the waiver as more of these facilities close and more people enroll in the waiver over
the next three to five years. This new configuration will encourage the facilitation of on-going
meetings and processes to ensure that joint inter-agency (and intra-agency) strategic planning,
decision making and comprehensive management of the ICF/DD, and both current and future
waiver programs occurs as these programs continue to evolve This relatively recent successful
collaboration has resulted in ICF/DD rate issues being resolved and with provider payment
issues also being for the most part resolved. For this transfer to be successful it must be
supported by a strong interagency agreement that will spell out how DHCF will work with DDS
to implement these policy and programmatic objectives and to create a long-term understanding
by each agency of its current and future roles and responsibilities to each other and to the people
of the District of Columbia.

The Committee also supports the additional transfer within the agency’s budget of $3.4 million
dollars previously budgeted (FY09) for the federal court for EVANS compliance efforts and to
the Quality Trust (providers of monitoring, legal services, and advocacy) to the Agency
Management Program within DDS to make there purpose and use more transparent.

61
The Committee will also continue its own oversight work in collaboration with the Committee
on Health to assure the on-going coordination between these two agencies and any others
deemed integral to the delivery of these important services.

The Committee will continue to seek assurances form DDS regarding the quality of service
coordination (previously case management) across both Administrations within the DDS agency
- The Developmental Disabilities Administration and Rehabilitation Services Administration. As
Director Heumann testified at the Performance Oversight Hearing on February 19, 2009,” both
DDA and RSA share a common mission, to provide innovative high quality services that enable
people with disabilities to lead fuller lives as vital members of their families, schools,
workplaces, and communities in every neighborhood in the District of Columbia”. These are
goals that are wholeheartedly shared by the Committee. As stated in an earlier Committee
Report, it is felt by the Committee that such operational efficiencies can and must be achieved
not just within DDS, but across all of the Human Services agencies of the District Government.

To achieve this goal of an enhanced and more fully functional and responsive service
coordination system, the Committee is requesting that appropriate DDS staff pursue researching
options for additional family/individual supports such as the “Family Group Decision Making”
model. The Committee directs a transfer of $100,000 from the Child and Family Services
Agency to the Department on Disability Services/Developmental Disabilities Administration to
develop and implement Facilitated Family Team Meetings (FFTM) for youth transitioning from
CFSA to DDS. These funds shall be used to support one (1) additional FTE who shall be a
person qualified in the practice of FFTM. The first year of this initiative shall be considered a
pilot project. An annual report on the initiative shall be submitted to the Committee by no later
than September 30, 2010.

The suggestion of implementing FFTMs was recommended at both the Performance Oversight
Hearing of February 19, 2009 and at the Budget Hearing of March 25, 2009. The Committee will
work with DDS and other relevant agencies to further research other possible service
coordination methodologies felt to be appropriate to this population. Furthermore, it has been
requested that DDS set up a “pilot program” with the identified target population being youth
transitioning from DCPS and/or other child serving agencies within the child serving system to
the adult service system. It is thought that this may involve both the DDA and RSA
administrations. This would also serve to further support on-going collaboration. It would if
implemented in a timely manner, also support Stimulus dollars being funneled into RSA.

The Committee is in support of a much greater collaboration between DDS/DDA and HRLA.
HRLA has the lead in licensing and certification of all homes for people with developmental
disabilities under the ICF/DD program. There needs to be cooperation around local law, policy
and practice to ensure that there is one clear message being sent to the providers about
performance expectations. There also needs to be greater clarity about the roles and
responsibilities for oversight and enforcement for living arrangements funded through the waiver
and/or local dollars. The current regulations only address homes where 4 or more people are
living together. Regulation and oversight processes need to be developed for other living
arrangements. Ideally this would be done in collaboration between the two agencies (and/or other
62
identified during the process) to ensure that there is one consistent message being sent to the
community about expectations for performance.

To achieve this goal of greater collaboration between DDS/DDA and HRLA, the Committee is
committed to working with the Committee on Health to further support this critical working
partnership.

The Committee believes that DDA needs to make it a priority to assist people access federally-
amid locally-funded affordable housing. People receiving DDA services should be supported to
apply for housing choice vouchers, public housing, and other affordable housing programs. This
will not necessarily solve any budget pressures for the foreseeable future due to the long wait for
most affordable housing programs, however taking the long view, it will help people with
intellectual and developmental disabilities to live in more inclusive settings and to exercise
greater control over their housing, thus affording them greater independence and autonomy. It
has the potential to maximize federal dollars and to significantly reduce DDA’s locally-funded
housing budget.

The Committee is quite encouraged to hear that many of the issues related to MTM
transportation and service delivery that were discussed during both Budget and Oversight
Hearings from FY08 and FY09 : “Failure to meet standard of care, including but not limited to
safety issues” have been substantially resolved according to testimony received during the
Budget Hearing for FY10.As stated by both Deputy Director, Laura Nuss and Director
Heumann” there has been a reduction in issues and complaints with regards to MTM. It was also
indicated that it remained a possibility that “consumers were just not reporting complaints any
longer”. The Committee was greatly pleased to hear at this same hearing that while MTM
appears to have improved on it’s delivery of contracted services for this population, that DDA is
proceeding to work with HCFA and CMS on another waiver ( 1915B ) that will address the
specific needs of the IA/DD population. This will be a carve-out from existing contracts. As
with other mentioned collaborative efforts, the Committee is committed to work with the
Committee on Health throughout this process.

While the death of “Mr. Johnson “ was a deplorable incident with much shared responsibility
across many Human Services Government Agencies: lack of responsiveness, no apparent sense
of urgency, this extremely unfortunate and unnecessary incident has resulted in a newly
operationalized Intake Process at DDS/DDA. During both Performance Oversight Hearing
(February 19, 2009) and Budget Hearing (March 25, 2009), Director Heumann stated that “new
intake process has been fully operationalized”. She also indicated that all action items within the
“Performance Action Plan” have been completed. (Please refer to chart) Director Heumann also
indicated that as part of this new process, service coordination is a much more integral
component at the-onset. Additionally, a pool of emergency funds/resources is being created
through savings realized via waiver. Ms Heumann has indicated in DDS responses to 2010
budget questions that “DDA does anticipate fiscal impacts that are a direct result of immediate
crisis or jeopardy and will be judiciously reserving a small amount of local funds in the FY 2010
to be able to respond to accordingly”. The Committee will be paying particular attention during

63
the course of its oversight functions to assure the continued implementation of this critical
process.

The Committee continues to support the much anticipated Developmental Disabilities Reform
Act (DDRA), which upon completion will modernize the District's 1978 law governing supports
and services for residents with intellectual and developmental disabilities. It is expected to
create a flexible legal framework for the next 30 years that includes but is not limited to the
following tenets:
• recognizes the rights and abilities of people with disabilities
• Is rooted in local, national and international best practices
• Maximizes federal funding
• Supports families
• Adopts a life-span approach to provision of supports and services that will ultimately
span gaps in the system
• Promotes interagency collaboration and cooperation

While this potential legislation is still “in- progress” it is encouraging to realize that many of
these far-reaching and comprehensive reforms have already been considered and initial progress
has already been made within DDS/DDA as part of their reform initiatives. As stated during the
Budget 2010 Budget Hearing, DDS is waiting for the Developmental Disabilities Reform Act to
more fully evolve and will develop services for families as this process continues moving
forward.

The Committee will continue to develop Benchmarks and Outcome Measures by which DDS
will be evaluated both by the Committee, internally, and perhaps most importantly, by the
individuals who receive or are seeking to receive supports.

Finally, the Committee recognizes the efforts made to prevent services to people currently
supported from being cut. It also recognizes the work done between HCFA and DDS in order to
continuously make adjustments to existing funds within their respective agencies that reduce
expenses where appropriate. This then will gradually increase the process by which emergency
resources will be created.

While the Mayor’s 2010 budget for DDS does include a decrease in spending, it also encourages
movement to greater independence and more fully realized integrated and inclusive provision of
services.

Committee Recommendations

The Committee approves the Mayor’s proposed baseline adjustments, cost savings, and policy
initiatives for the Department of Disability Services as outlined in the FY 2010 operating budget
request with the following recommendations and changes:

64
1. The Committee strongly supports the expanding collaboration between DDS and DHCF that
has helped to resolve many ICF/DD rate issues and helped to reduce the number of
outstanding provider payment problems.

2. The Committee also supports the additional transfer within the agency’s budget of $3.4
million dollars for EVANS compliance efforts.

3. The Committee will also continue its own oversight work in collaboration with the
Committee on Health to assure the on-going coordination between these two agencies and
any others deemed integral to the delivery of these important services.

4. The Committee will continue oversight of DDS regarding the quality of service coordination
across both the Developmental Disabilities Administration and Rehabilitation Services
Administration. Operational efficiencies can and must be achieved not just within DDS, but
across all of the Human Services agencies of the District Government.

5. The Committee requests that DDS establish a pilot “Family Group Decision Making”
program as discussed by Chairman Wells during the Budget Hearing of March 25, 2009.

6. The Committee supports much greater collaboration between DDS/DDA and HRLA. HRLA
has the lead in licensing and certification of all homes for people with developmental
disabilities under the ICF/DD program. The current regulations only address homes where 4
or more people are living together. Regulation and oversight processes need to be developed
for other living arrangements.

7. The Committee recommends that DDA review and expand efforts to assist people access
federally- and locally-funded affordable housing. A priority of the agency should be to help
people with intellectual and developmental disabilities to live in more inclusive settings and
to exercise greater control over their housing, thus affording them greater independence and
autonomy.

8. The Committee was encouraged to hear during the budget hearing that there has been a
reduction in issues and complaints with regards to transportation services provided by MTM.
The Committee will continue to oversee progress in this area and may conduct an oversight
hearing in collaboration with the Committee on Health.

9. In light of the death of “Mr. Johnson “ the Committee supports newly created Intake
Process at DDS/DDA. During both Performance Oversight Hearing (February 19, 2009) and
Budget Hearing (March 25, 2009), Director Heumann stated that “new intake process has
been fully operationalized.” The Committee will be paying particular attention during the
course of its oversight functions to assure the continued implementation of this critical
process.

65
10. The Committee continues to support the much anticipated Developmental Disabilities
Reform Act (DDRA), which upon completion will modernize the District's 1978 law
governing supports and services for residents with intellectual and developmental disabilities.

11. The Committee will continue to develop Benchmarks and Outcome Measures by which
DDS will be evaluated both by the Committee, internally, and perhaps most importantly, by
the individuals who receive or are seeking to receive supports.

12. The Committee recognizes the efforts being made to prevent cuts to services to people
currently supported. It also recognizes the work done between HCFA and DDS in order to
continuously make adjustments to existing funds within their respective agencies that reduce
expenses where appropriate. This then will gradually increase the process by which
emergency resources will be created.

13. The Committee recommends Budget Support Act language to do the following in preparation
for the implementation of a fully and fairly applied Waiting List:

• Issue rules and regulations, developed in partnership with community stakeholders to


guide the operations of the Waiting List. These regulations would detail the Waiting
List prioritization and procedures and how DDS/DDA will manage the Waiting List.
Any list must be transparent and move at a pace in accordance with the Supreme
Court‘s Olmstead Decision.
• DDS/DDA must provide regular reports on individuals applying and waiting for
services. Actual data to be collected for tracking purposes shall be developed based
upon further review of Best Practices and collaboration with referral agencies and
community stakeholders.

EVANS v FENTY

The Department’s Developmental Disabilities Administration remains under a Court Order that
has spanned over 3 decades – in this case, the 2001 Plan for Compliance and Conclusion of
Evans v. Fenty. The lack of compliance with this on-going litigation has placed DDS/DDA in
jeopardy of being placed under appointment of a Receiver or a Special Master by the United
States District Court of the District of Columbia. This has resulted in DDS/DDA currently being
place in a ‘Remedy Phase”. A decision on this matter is still pending in the courts.

DDS/DDA continues to work towards the completion of 3 major initiatives related to the Evans
litigation. They are the following and are at various stages of compliance:

• Performance and measurement of performance under the 13 short-term goals


identified in the 90 day order dated September 12, 2007.
• 38 initiatives relating to health in connection with the Health Care Agreement.
• Responding to discovery and preparing for the remedial phase.

66
In the most recent court Monitor report dated March, 5, 2009; numerous issues remained, though
some improvements were also cited.

“Our overall findings are comparable to those cited in my previous reports.


With one exception, caseload size met the expected standard (one service
Coordinator for every thirty class members).”

The committee is concerned that DDS/DDA and the plaintiffs as quickly and responsively as
possible resolve this particular phase of this long-standing Court Order. The concern being, that
while attempting to resolve this matter, the emphasis will be taken off of the individuals who are
in need of the very services under litigation.

Even though much work is left to be done, the Committee is in support of the efforts made with
regards to progress with the Health Care Agreement. Of particular note are the partnerships with
Georgetown and George Washington Universities Health Care Quality Enhancement Unit.

The Committee strongly supports these collaborative efforts as it is anticipated that the results of
these programs, Health Care for all Individuals with IA/DD in the District will be greatly
improved. All will benefit from these initiatives, not just Evans Class Members.

The Committee strongly supports the expansion of this DC Health Resources Partnership and
hopes that this model of cooperation serves as a Best Practices Methodology for the provision of
other services and supports within the purview of DDS/DDA.

The Rehabilitation Services Administration

First, the Committee is encouraged by the appointment of Roy Albert, Deputy Director to this
heretofore poorly performing Government agency.

The infusion of funds from the Federal Stimulus (ARRP) over the coming 18 months will serve
to augment services that have only recently been more readily available to District residents
through RSA.

The funding for transitional services was reallocated in FY 2010 to RSA client services. RSA has
restructured the transition planning unit to improve outreach and partnerships, thereby increasing
the number of students with employment plans and opportunities without increasing staff.

In FY 2010, $ 937,711 will be used to substantially expand and improve supported employment
and school transition services.

In total DDS/RSA will spend $1,348,000 which is allocated in the FY 2010 baseline budget for
transition services. Additionally, DDS/RSA will utilize the stimulus funds for the enhancement
of transition services for youth from school to work by providing more thorough training for
RSA and DCPS staff and expanding opportunities in apprenticeships, internships, and on-the –
67
job training and entrepreneurial programs. This combination of basic state grant dollars and the
stimulus funds will improve the capacity of DDS/RSA and ensure a higher quality of services for
transitioning youth.

During the F 2010 Budget Hearing, both Ms. Heumann and Mr. Albert in testimony stated that
“We are continuing to expand and improve our outreach to residents off the District and to
strengthen our relationships with community rehabilitation providers.” In additional testimony,
Mr. Albert reiterated that he was in the process of expanding Human Care Agreements with
providers and re-establishing contacts with service providers and building collaborations with
job market vendors that will eventually lead to an increase in employment opportunities.

It is the Committee’s feeling that these improvements are occurring at an opportune time.
Monies from the stimulus funds, a renewed emphasis on building a more comprehensive
transition service to help youth with disabilities move seamlessly from a school environment to
the world of work and adult services, coupled with a new Deputy Director taking the helm of an
agency” in progress” creates opportunities for growth.

The Committee strongly supports any efforts that will strengthen the work being done to enhance
transition services to youth with disabilities and to their families, enabling them to succeed in the
workplace. The Committee urges increased collaboration between Human Service Government
Agencies.

The Committee will work in collaboration with the Committee on Health and others to provide
additional support and impedes to reach these objectives.

Additionally, the committee will explore with DDS it’s evolving plans for transition services and
will track the funding streams within the budget that are currently supporting these initiatives.
The Committee urges and supports Mr. Albert and designated staff to improve “the antiquated
case management” system at RSA as stated during the Performance Oversight Hearing on
February 19, 2009.

WAITING LIST

Upon first review of the Mayor’s 2010 proposed budget for DDS it appeared that DDA would
only be able to serve 35 new individuals under the HCBS waiver in FY2010: 25 individuals will
be referred from CFSA; 10 new individuals currently residing at St. Elizabeth’s.

This was of particular concern to the Committee and to other stakeholders when further review
of referrals to DDA over the past few years revealed the following numbers:

FY 2007 to 2008 the waiver provided services to188 new people;


FY 2008 to FY 2009 DDA plans to enroll 161 new people in the waiver:
83 from ICF/DD
25 youth from CFSA
13 people currently living at St. Elizabeth’s
68
10 new people will enroll in the waiver
30 more will enroll in the waiver “as a result of natural changes in client status”.

Referral data reviewed from the past few years from the agency indicated a similar if not higher
incidence of need.

The following data was submitted to the Committee during Performance Oversight questioning
on February 19, 2009:

FY 2008, DDA received 173 new referrals and in previous years referral numbers
were actually higher (for example, in FY2005 the agency received 248 referrals).

Based on these reported numbers and proposed budget, it appeared that a Waiting List would
have to be implemented by DDA It is evident from subsequent testimony given by Ms
Heumann and Ms Nuss at the 2010 Budget Hearing on March 25,2009 to further clarify the
numbers in the 2010 budget, that there exists the need for a waiting list. According to Ms Nuss,
“even with effective utilization of existing funds, we anticipate the need for a waiting list.”

Ms Nuss explained that DDA receives between 170 - 200 referrals annually and that only
approximately 100 of these are found to be eligible to receive services through DDA. There are
new dedicated dollars in the FY10 budget to serve the people transferring from CFSA and St.
Elizabeth’s Hospital. With continuous adjustments made within Local Funds that allows moves
to less expensive (waiver) services, DDA will be able to serve a greater number of new
individuals as they request services from DDS/DDA. According to testimony, DDA will
continue to make adjustments within their system to serve newly identified individuals. This
does not include the 35 individuals identified in the 2010 budget.

In the Mayor’s 2010 proposed budget, there is an enhancement of $1,977,436 that will allow
DDS to serve 25 new CFSA clients in FY10 and account for client cost increases. An increase of
$300,000 in Local Funding will support the housing costs of 10 individuals transitioning into the
Medicaid HCBS waiver from St Elizabeth’s Hospital. This increase is offset by an equivalent
decrease in Local Funds at the Department of Health for the same purpose (page E-155, “2010
Department on Disability Services Budget).

The Committee strongly supports the efforts made by DDS/DDA to transition individuals from
expensive, more restrictive, and less inclusive facilities to waiver funded/supported facilities.
These individuals are funded by 100% local funds. By enrolling them into Medicaid providers
either in the District or to Medicaid funded programs in other jurisdictions, savings of $731,443
will be realized. Ms Nuss testified at the March 25,2009 Budget Hearing that DDS/DDA fully
anticipates these 28 individuals to be successfully transitioned while respecting and addressing
the needs and desires of the individuals and their families.

It is encouraging to the Committee that DDS is committed to maximizing all available resources
while assuring that all individuals served by DDS/DDA in FY 2009 will continue to be served in
FY2010.
69
The Committee is also pleased to see that for the first time there are specific funds allocated to
support young adults transitioning from CFSA. This clearly demonstrates collaboration and
planning between government agencies that is necessary to ensure individuals are supported
throughout their lifespan. Furthermore it lays the foundation for future reforms and far-reaching
changes.

The Committee is in support of legislation that would create a responsibly operational zed
Waiting List and the exploration into issues related to the establishment of such a Waiting List.

Additionally, the Committee recommends that DDS be required to do the following in part as
preparation for the implementation of a Waiting List and in support of a fully and fairly applied
Waiting List, thus being ever mindful that this list will be comprised of individuals in need of
supports:

• Issue rules and regulations, developed in partnership with community stakeholders to


guide the operations of the Waiting List. These regulations would detail the Waiting List
prioritization and procedures and how DDS/DDA will manage the Waiting List. Any list
must be transparent and move at a pace in accordance with the Supreme Court‘s
Olmstead Decision.

• DDS/DDA must provide regular reports on individuals applying and waiting for services.
Actual data to be collected for tracking shall be consistent with Best Practices and
gathered in collaboration with referral agencies and community stakeholders.

DDS/DDA must conduct and complete the critically needed needs assessment of residents with
intellectual and developmental disabilities. Current and future needs would be identified DDS
will need to work in partnership and collaboration with residents with intellectual and
developmental disabilities and their families, service providers, relevant government agencies,
advocates and other interested parties to develop and implement the needs assessment. Upon
successful completion, such a study would identify the level of need for its services in the
District. Without this clear data, it is difficult for the Agency, the Council, and the community of
stakeholders to determine an appropriate level of services and subsequent funding. This becomes
particularly relevant for ongoing efforts to modernize the District’s laws governing DDA
supports and services.

The Committee urges DDS/DDA in collaboration with HCFA to explore the possibilities of
developing and submitting an application to CMS for a Seconds Support Waiver. This waiver
would allow DDS/DDA to provide capped or limited services to individuals while they are
assigned to the Waiting List. These services could include: family supports such as respite,
service coordination and other TBD interim services.

The Committee strongly supports these aforementioned efforts and will participate in its capacity
to achieve this goal of establishing a fully operational, responsible and responsive Waiting List

70
by working with the Committee on Health and other government agencies such as Office on
Disability Rights as indicated and required.

Finally, the Committee feels it is imperative and noteworthy to cite a statement made by Mr.
Ricardo Thornton during testimony given at the 2010 DDS Budget Hearing. Mr. Thornton is a
parent, husband employee of DC Government, out=spoken self-advocate and former resident
along with his wife and brother of Forest Haven. In his closing remarks to Council he made a
seemingly simple request and challenge “be careful because we don't want budget cuts to allow
for institutions to have to re-open".

Mayor’s FY 2010 Budget Request

Agency Program Areas

The Department on Disability Services operates through the following four programs, with the
Mayor’s proposed FY 2010 budget indicated in parenthesis: Agency Management ($14,586,000
and 50.0 FTEs), Agency Financial Operations ($1,406,000 and (12.8 FTEs), Developmental
Disabilities Administration ($54,898,000 and 190.0 FTEs), and Rehabilitation Services
Administration ($28,773,000 and 169.0 FTEs).

Agency Management Program. This program provides for administrative support and the
required tools to achieve an agency’s operational and programmatic results. This program
contains the following activities:

• Personnel ($690,000 and 7 FTEs)


• Training and Employee Development ($439,000 and 3 FTEs)
• Contracts and Procurement ($784,000 and 8 FTEs)
• Property Management ($5,626,000 and 8 FTEs)
• Information Technology ($1,518,000 and 9.0 FTEs)
• Legal Services ($890,000 and 2 FTEs)
• Communications ($42,000 and 0 FTEs)
• Performance Management ($867,000 and 9 FTEs)
• Court Supervision ($3,461,000 and 0 FTEs)
• Consumer Rights and Protection ($269,000 and 4 FTEs)

Agency Financial Operations. This program provides comprehensive and efficient financial
management services to and on behalf of District agencies so that the financial integrity of the
District of Columbia is maintained. This program contains the following 4 activities:

• Budget Operations ($290,000 and 3 FTE)


• Accounting Operations ($558,000 and 5.8 FTEs)
• Associate Chief Financial Officer ($143,000 and 2.0 FTEs)
• Agency Fiscal Officer ($415,000 and 2 FTEs)

71
Developmental Disabilities Administration. This program provides individualized services,
support, and life planning to eligible individuals so that they can fully participate in the
community. This program contains the following activities:

• DDA Service Planning & Coordination ($43,890,000 and 102 FTEs)


• Quality Assurance ($6,940,000 and 34 FTEs)
• DDA Consumer Resource ($3,220,000 and 43 FTEs)
• DDA Incident Management & Enforcement ($849,000 and 11.0 FTEs)

Rehabilitation Services Administration. This program assists disabled individuals with


employment and independent living in the home and the community. The program provides an
array of vocational preparation services for entry into the labor market, including counseling and
guidance, assessment services, physical restoration, vocational training, job search and
placement, as well as job retention services. This program contains the following activities:

• RSA Client Services ($16,264,000 and 98 FTEs)


• Employment Readiness & Placement Services ($5,578,000 and 18.0 FTEs)
• RSA Transition & Supported Employment ($0.00 and 0 FTEs)
• RSA Disability Determination Services ($6,400,000 and 46 FTEs)
• Quality Assurance ($531,000 and 7 FTEs)

Agency Performance

Agency Performance Measures

Performance Measure FY 2007 FY 2008 FY 2008 FY 2009 FY 2010 FY 2011


Year-End Original Year-End Projection Projection Projection
Actual Target Actual
Objective 1: Enable
individuals with
developmental
disabilities to maximize
their independence and
exercise meaningful
choice and control over
their own lives.
1. Number of persons 1,044 1,455 1,232 1,450 1,600 1,750
eligible for DDA
services who receive
services in the Medicaid
Home and Community-
Based Program
(Residential/Non-
Residential)
2. % of providers 30% 70% 25% 60% 80% 90%
passing the new Service
Quality Review
72
certification (formerly
BASA) on the first
review.
3. # of new and quality 9 10 11 10 10 10
providers recruited to
the District.
4. # of eligible HCBS N/A N/A 363 (29%) 383 (26%) 403 (25%) 423 (25%)
waiver individuals who
receive in home
supports (% of total)
Objective 2: Promote
health and wellness of
people with
developmental
disabilities.
5. % of people who N/A 75% 79% 85% 90% 95%
report that providers
and service
coordinators help them
get what they need.
6. % of persons served 96% 100% 98% 100% 100% 100%
who have annual
medical exams.
7. Number of days 105 N/A 142 90 75 60
between date the
service coordinator is
notified of need for a
guardian and the date
request package is
submitted to OAG*
Objective 3: Increase the
employment and
economic independence
of individuals with
disabilities.
8. Number of persons 150 175 225 425 500 550
served by RSA in
supported employment
9. Number of qualified 575 576 576 (40%) 625 (42%) 675 (44%) 725 (45%)
RSA individuals (39%) (41%)
employed for 90 days
(% of total)
10. Number of children 561 700 897 1,000 1,200 1400
referred from DCPS
and charter schools to
DCRSA to establish
eligibility
11. Number of 1493 1,395 1,453 1,500 1,550 1600
vocational
rehabilitation eligibility
determinations

* Permanent, emergency and urgent guardian requests are tracked


73
D. DEPARTMENT OF YOUTH REHABILITATION SERVICES (DYRS)
Department of Youth Rehabilitation Services Gross Funds Operating Budget, by Revenue Type
Mayor’s
Actual Actual Approved Proposed Committee Approved Percent
FY 2007 FY 2008 FY 2009 FY 2010 Variance FY 2010 Change
Local Funds 73,936 84,463 81,143 88,377 0 88,377 8.9%
Dedicated Taxes 0 0 0 0 0 0 0.0%
Special Purpose 0 0 0 0 0 0 0.0%
Federal Funds 0 0 0 0 0 0 0.0%
Private Funds 0 0 0 0 0 0 0.0%
Intra-District 3,694 1,936 423 339 0 339 -19.7%
GROSS FUNDS 77,630 86,399 81,566 88,717 0 88,717 8.8%

Department of Youth Rehabilitation Services Full-Time Equivalent, by Revenue Type


Mayor’s
Actual Actual Approved Proposed Committee Approved Percent
FY 2007 FY 2008 FY 2009 FY 2010 Variance FY 2010 Change
Local Funds 544.3 522.7 656.0 608.5 0.0 608.5 -7.2%
GROSS
FUNDS 544.3 522.7 656.0 608.5 0.0 608.5 -7.2%

Executive Summary

The Department of Youth Rehabilitation Services was established by D.C. Law 15-335, effective
April 12, 2005 (D.C. Official Code § 2-1515.01 et seq.). The mission of the Department is to
help court-involved youth become more productive citizens by building on the strengths of youth
and their families in the least restrictive, most homelike environment consistent with public
safety. Since 1986, the District has operated under a Consent Decree in the case Jerry M. v.
District of Columbia, a class action brought to force the District to provide effective
rehabilitative services in a humane environment. In April 2004, a Special Arbiter was created to
avoid receivership and ensure the District’s progress towards the requirements of the Consent
Decree.

The Mayor’s budget request for the Department of Youth Rehabilitation Services for FY 2010
continues to support the reforms that have been underway at the Agency since 2005. These
reforms include a shift away from a heavy reliance on secure confinement as a principal means
of providing services for youth who are committed to the custody of DYRS, toward a greater
emphasis on a community-based supports and services to give these youth a second chance to
become re-integrated into their community and the rest of society before they become adults.

As we have seen in example after example over the past year, this community-based response
system must include a strong safety net of services and supports for the youth, because when
they fall through the cracks of the safety net, the outcomes can be dire. For example, in 2008,

74
the Committee saw that six youth committed to the custody of DYRS and placed in the
community by the Agency became victims of homicide.16

When the safety net is torn, the safety of the public can also be at risk. As in the case of LaFonte
Lurie Carlton, who was committed to DYRS in 2006 for committing a murder, and who was
released into the same community where he got in trouble in the first place with no plan for his
release, and where he was arrested within 60 days of his release, and charged with two additional
murders.17

To its credit, the Agency’s response to individual incidents such as these has been swift, and has
included measures such as establishing and formalizing relationships with the Metropolitan
Police Department, and other youth violence prevention specialists.18 The Agency has also
adopted new policies and procedures to provide assurances that plans are in place prior to the
release of a committed youth from secure confinement into a community setting that meet the
youth’s needs and protect public safety.19 According to the Agency’s Case Management
Manual, “Prior to releasing any committed youth from the secure facility in Laurel, MD, or a
Residential Treatment Center who have been (sic) committed for a violent offense, gun offense,
or score high on the Structure Decision Making Risk Assessment, the case manager must notify
their supervisor, who must then complete the Releasing Youth Memo. After the Chief of
Committed Services has reviewed and approved the release and the memo, the case management
supervisor is to place the memo into the youth’s YES! file.”20

The Committee directs the Agency to revise the manual to require case managers to obtain
approval from the Director, as opposed to the Chief of Committed Service, prior to releasing any
committed youth from the secure facility in Laurel, MD, or a Residential Treatment Center, who
has been committed for a violent offense.

The Committee will continue to provide oversight over this process, to ensure that it is followed
and implemented.

The Agency is also in the process of updating the regulations governing revocation procedures to
give the Agency more flexibility in exercising its power to remove a youth from a community
placement if the youth is in violation of the terms of his or her community placement agreement
and is at risk or poses a potential threat to public safety.21

16
See “DYRS Placements and Programs and their Impact on Youth Violence and Public Safety,” Investigative
Hearing, Committee on Human Services, October 8, 2008.
17
See “Youth Violence,” Public Oversight Roundtable, Committee on Human Services, February 10, 2009.
18
See “Department of Youth Rehabilitation Services Announces Critical Initiatives to Improve Public Safety,” Press
Release, Executive Office of the Mayor, March 10, 2009.
19
See DYRS Case Management Manual, Version III, Section 7 “Case Management Protocols.”
20
Ibid.
21
See DYRS Notice of Proposed Rulemaking, District of Columbia Register, Vol. 56 – No. 14, April 3, 2009.
75
The Agency’s ongoing response to the weaknesses in its community-based system of
supports and services for youth committed to its custody and care is vitally important and
will ultimately determine the fate of the reforms.

The New Oak Hill Facility

During FY 2009, DYRS completed construction of the new 60-bed facility at Oak Hill at a total
cost of some $44,460,340, on time, and on budget. The Agency plans to populate the new
facility and close the old Oak Hill facility during the month of May 2009. Committee staff has
visited the new facility and has been impressed with the redesign, the campus like setting and the
quality of the design and facilities.

There is some concern that 60 beds may not be enough, given the increase in the number of new
commitments in recent years. Of 740 committed youth during FY 2010, there will only be room
for 60 at the new Oak Hill facility. The remaining 680 youth will be placed in Residential
Treatment Centers, Group Homes, with relatives (including back in their own homes) and in
Independent Living settings. The majority of the youth committed to DYRS for committing
crimes in the District will be placed by the Agency in community–based settings, where the
community itself will bear much of the responsibility for keeping these youth out of trouble, and
getting them back on the right track.

Measurements

The reforms underway at the Department of Youth Rehabilitation Services have received mixed
reviews from various stakeholders and constituencies served by the Agency. As Alan
Pemberton, Plaintiff’s counsel in the Jerry M. litigation has testified before the Committee, “In
the past several years, DYRS has shown significant progress in developing a community-based
continuum of care that includes secure and non-secure placements, where youth who commit less
serious offenses can receive programming and supports more tailored to their individual
needs.”22 Mr. Pemberton testified in strong support of the new Oak Hill facility, and reminded
the Committee that “the Work Plan that the parties to the litigation negotiated to provide criteria
by which the District will exit the Consent Decree, and that the Court approved in December
2007, stipulates that before the lawsuit will be terminated, the District must disable or convert
Oak Hill so that it can no longer be used to house any securely confined youth.”23

However, given the limited capacity of the new Oak Hill facility, the Agency’s performance
must be measured in terms of outcomes for youth and public safety, not merely in terms of
compliance with Court-Ordered Consent Decrees and Work Plans. These outcomes must be
measured in terms of results, such as recidivism rates, abscondance rates, and successful case
management.

22
See Testimony of Alan Pemberton, Budget Hearing on DYRS, April 6, 2009.
23
Ibid.
76
The Committee notes that during FY 2010, the Justice Grants Administration (JGA) will award
several major grants to improve the collection of juvenile and criminal justice data in the District.
These data collection efforts will be essential to helping the Council develop a measured
understanding of the effectiveness of the reforms underway at the Agency.

Recidivism

During FY 2009, the Agency, at the direction of this Committee, for the first time, attempted to
measure recidivism rates for two cohorts of youth committed to DYRS – youth released by
DYRS in 2004, before the reforms were implemented, and in 2007, after the reforms were
implemented. The report defined “recidivism” as not only a re-arrest, but a re-conviction within
one year of release. The study showed that recidivism rates were down from 40% in 2004 to
approximately 25% in 2007. This rate compares favorably to comparable rate in surrounding
jurisdictions, including Maryland and Virginia. The Committee directs the Agency to continue
to perform quantitative analysis of recidivism rates of youth committed to the Agency.

Abscondance

Another statistic which the Committee finds compelling is the percentage of youth currently on
abscondance, compared to the percentage of youth on abscondance in 2004. Again, in 2004, the
percentage was around 25% - one fourth of the youth committed to DYRS in 2004 could not be
accounted for by the Agency. Today, that number hovers around 3 to 5 % - which still means as
many as 35 youth committed to DYRS may be unaccounted on any given day, a number far too
high given that the youth’s safety, and potentially that of the public, may be at risk any time one
of the youth cannot be accounted for. But the improvement is re-assuring – trends appear to be
headed in a positive direction.

Caseloads

As Director Schiraldi and Chief of Committed Services David Muhammad have testified before
the Committee, caseloads for case managers at the Department of Youth Rehabilitation Services
are adequate for the case managers to provide effective supervision to protect the safety of the
youth and that of the public. They are at rates of 25 to 27:1.24

Case Management

At the beginning of 2008, the Agency produced a Case Management manual detailing the
procedures for case managers to follow in implementing the reforms at the Agency, convening
team meetings to come up with a plan for youth committed to DYRS custody, arriving at a
placement decision, and then supervising the youth through the youth’s various placements.

The case management manual has been revised two times since it was initially released. Most
recently, the case management manual was revised to reflect additional procedures case

24
Schiraldi testimony, FY 2010 DYRS Budget Oversight Hearing, April 6, 2009
77
managers are to follow when placing a youth in the community following a period of secure
confinement. As it is currently written, the Case Management manual requires the case manager
to obtain approval from the Chief of the Agency’s Committed Services Division before placing a
youth who has been convicted of committing a violent offense in the community. The
Committee directs that these policies and procedures require an approval at the Director
level for any youth who is being placed in the community following a period of secure
confinement. It is the hope of the Committee that this new procedure will bring a higher level
of accountability to this critical decision point in the life of a youth and in the life of the
community to which that youth is being returned.

Community Status Review Hearings

The Agency has also promulgated new regulations clarifying, and streamlining the process for
revoking community placements of youth who are re-arrested or violate two or more terms of
their community placement agreement. These new regulations should enhance the ability of the
Agency to move proactively to remove a youth from a community placement if the safety of that
youth or others appears to be at-risk.25

Lead Entities

In order to strengthen the community-based services and supports for youth committed to DYRS
and placed in the community, the Agency has entered into an agreement with the Children and
Youth Investment Trust Corp., to award a total of two (2) grants to community-based
organizations to create the “Lead Entities to establish regionally-based Service Coalitions.” The
Lead Entities and Service Coalitions will work together to achieve the following goals:

• Serve committed youth within their own communities through the concentration of
resources in or near communities that have the largest numbers of committed youth;
• Provide continuity and connectivity across a continuum of care for youth and their
families;
• Facilitate and enable greater parent and community involvement in the
habilitation/rehabilitation process;
• Mobilize untapped community neighborhood resources that could be effectively
networked into an ongoing system of service, support and opportunities for court-
involved youth and their families;
• Strengthen the capacity of local communities, neighborhoods, grassroots organizations
and residents to serve as effective partners with local government in supporting
committed youth beyond their involvement in the juvenile justice system;
• Target District resources and mobilize local volunteer support; and
• Experience costs savings while significantly reducing recidivism rates.

25
Ibid.
78
According to responses to written questions submitted by the Committee to the Agency, DYRS
will grant a total of $1.4 million to CYITC for the purpose of supporting the Lead Entities
Initiative during FY 2009 and $4.9 million to CYITC for this purpose in FY 2010.

The Committee directs the DYRS and CYITC to submit these awards and any renewals to
the Council for approval consistent with approval requirements contained in the D.C.
Code. Furthermore, the Committee directs DYRS to provide to the Committee grantee
data through a quarterly report reflecting the following: performance measures and
outcomes, services provided to DYRS youth and families, entities providing services,
flexible funding expenditures, date(s) of services, type of service, and amount paid.

Mayor’s Proposal

The Mayor’s proposed FY 2010 gross funds budget for DYRS includes $88,716,816 and
608.5 FTEs. This proposal represents an increase of $7,151,234 (8.8 percent) in operating
funds over the FY 2009 approved budget of $81,565,582. The Mayor’s proposal would
decrease the number of authorized FTE’s by 47.5 to 608.5.

The Committee notes that the increase in funding for FY 2010 is accompanied by a decrease in
the number of FTEs authorized from 656 FTEs in FY 2009 to 608.5 in FY 2010. According to
testimony provided to the Committee, this reduction will not have an adverse impact on services
to youth under the supervision of the agency.26 They include the elimination of 13 positions in
the Detained Youth Services Program; three vacant positions in the Agency Management
Program; the elimination of 13.5 FTEs for facility maintenance and the transfer of those
functions to a contracted provider; the elimination of ten vacant positions and three filled
positions in the Committed Services Program; and the realignment of three vacant positions and
two filled positions in the Medical Services Program.

According to the Mayor’s request, “[t]he proposed budget fully supports DYRS’s commitment to
quality supervision of the approximately 740 youth in its care. Foremost, the staffing of case
managers will support manageable caseloads and improved performance. Agency staff will
continue to be trained in positive youth development approaches that build on the assets of each
youth. In addition, youth placed at home will receive a range of services through community-
based programs such as: (1) intensive third party monitoring; (2) multi-systemic therapy; (3)
transformative mentoring for groups and individuals; (4) outpatient drug treatment; (5) education
and employment services; and (6) mental health counseling and cognitive behavioral therapy as
well as other necessary interventions.

“Additionally, local residential settings such as group homes, therapeutic foster homes, and
independent living programs will prepare youth for a full transition into the community. Finally,
Residential Treatment Centers will provide youth with behavior modifications, psychiatric
treatment, and substance abuse treatment in a secure therapeutic setting.

26
See Schiraldi testimony, April 6, 2009.
79
“A long-term secure treatment center will provide rehabilitations services to the most in need of
rehabilitation. The Oak Hill Youth Center is being replaced with a state-of-the-art secured
juvenile rehabilitation facility. The new facility has a 60-bed capacity and will support secure
placements for youth charged with the most serious offenses for longer average periods of stay.

“Through a Positive Youth Development approach, the center’s curriculum provides academic
and vocational classes, recreational activities, social skills development, and group and
individual counseling. Eventually, all youth end their confinement in secure facilities; prior to
release from any confinement, DYRS will engage the youth’s family and community-based
providers to make certain the necessary services are in place to ensure a successful transition
back to their community.

“A continued reduction in recidivism is the measure of success for DYRS programs. DYRS will
increasingly work in partnership with the Metropolitan Police Department and community-based
providers to improve case planning and assure the safety of the youth in their communities.
More importantly, two Lead Entities of Service Coalitions will actively engage and serve youth
in the community. The Service Coalition concept reforms the services delivery approach to
committed youth with moderate and low levels of restrictiveness.

“To enhance its continuum of community-based care for youth under its supervision, DYRS will
increase services for youth transitioning from secure confinement back into the community. The
additional $980,000 in one-time funds will provide pre-release mentoring and life skills services
to youth and upon their release additional supervision through daily in-home contacts.”27

Committee Recommendations

The Committee recommends the approval of the Mayor’s FY 2010 budget request of
$88,717,000 for the Department of Youth Rehabilitation Services with no changes. This includes
$81,377,000 in Local Funds, and $339,000 in Intra-District Funds. The Committee further
directs the following:

1. The Committee directs that $980,000 in one-time funds to provide pre-release mentoring
and life skills services to youth, and upon their release, additional supervision through
daily in-home contacts, be competitively awarded through the normal RFP process.

2. The Committee does not support the Mayor’s request for grant-making authority for the
Department of Youth Rehabilitation Services, and recommends this language be stricken
from the Budget Support Act. The request for this authority appears to be overly broad,
and appears to be the result of failures of the District’s Office of Contracting and
Procurement to meet the needs of DYRS. These deficiencies in the Office of Contracting
and Procurement should be addressed as a high priority by the Administration during the
current and next fiscal years.

80
3. The Committee directs the Agency to revise its Case Management manual to require case
managers to obtain approval from the Director, as opposed to the Chief of Committed
Services, prior to releasing any committed youth from the secure facility in Laurel, MD,
or a Residential Treatment Center, who has been committed for a violent offense.

4. The Committee directs the Agency to submit grants and renewals in excess of $1 million,
made to the CYITC for the Lead Entities Initiative, to the Council for approval consistent
with approval requirements for contracts in excess of $1 million, and proposes Budget
Support Act language to this effect.

5. The Committee directs DYRS to provide quarterly reports regarding grantee performance
under the Lead Entities initiative reflecting the following: performance measures and
actual performance, services provided to DYRS youth and families, entities providing
such services, number of individuals served by entity, flexible funding expenditures,
date(s) of services, type of service, and amount paid.

6. The Committee directs DYRS to continue to report on recidivism rates for all committed
youth at six-month and one-year intervals from the date of their release, as initially
requested in the Committee’s Report on the Fiscal Year 2009 Budget Request.

Agency Mission and Structure

The mission of the Department of Youth Rehabilitation Services (DYRS) is to improve public
safety and give court-involved youth the opportunity to become more productive citizens by
building on the strengths of youth and their families in the least restrictive, most homelike
environment consistent with public safety.

The agency plans to fulfill its mission by achieving the following objectives:

Objective 1: Provide proven community-based programs, services, supports and opportunities


that protect public safety and develop young people to turn their lives around, achieve and
flourish.

Objective 2: Operate secure facilities that are safe, humane and address youths’ needs by
building on their strengths.

Objective 3: Develop a performance-driven culture and infrastructure focusing on improved


outcomes or youth in our care and supported by a qualified and well-trained professional staff.

Objective 4: Provide services, supports and opportunities to young people that will reduce their
delinquent behavior and promote public safety.28

28
To view complete agency performance plans, please visit the “performance Plans and Reports” link on the CapState webpage
at http://capstat.oca.dc.gov/.

81
The Department is organized into the following program areas (with dollar amounts rounded to
the nearest thousand):

FY09 Mayor’s
Program Approved Proposed FY10 FTEs
Committed Services
Administration $34,219,000 $43,707,000 279.5
Detained Services
Administration $23,532,000 $23,446,000 197.5
Health Services Administration $4,676,000 $6,044,000 30.0
Agency Management $17,309,000 $16,386,000 86.5
Agency Financial Operations $526,000 $528,000 6.0

The Committed Services Administration provides custodial care, supervision, services, supports,
and opportunities to youth committed to the care and custody of DYRS. The array of placement
options ranges from secure confinement, to residential and community placements, to home-
based care. The Administration assures there is a case manager assigned to each committed
young person. The Administration also manages the operation of a secure facility for committed
youth (Oak Hill Youth Center) and non-secure, community-based facilities and programs.

The Detained Services Administration provides for the care and custody of youth awaiting court
processing who are placed in secure detention or shelter care by the DC Superior Court. The
Administration also advocates for alternatives to secure confinement or shelter care for youth
who can be supervised in a non-residential setting. The Administration also operates a home
detention program for youth who can be supervised at home while awaiting trial or disposition.

Health Services Administration provides for the design, development, coordination, delivery, and
evaluation of a 24-hour comprehensive continuum of quality adolescent medical and behavioral
health care services and supports to DYRS in the two secure facilities and in the community-
based shelters, group homes and transition centers. Upon release from secure care facilities,
DYRS Health Service – both medical and behavioral health – work to ensure appropriate
community-based linkages for continuing care are established.

Agency Management provides for administrative support and the required tools to achieve
operational and programmatic results. This program is standard for all agencies using
performance-based budgeting.

Agency Financial Operations provides comprehensive and efficient financial management


services to and on behalf of District agencies so that the financial integrity of the District of
Columbia is maintained. This program is standard for all agencies using performance-based
budgeting.

82
Agency Performance Measures

Agency Performance Measures

Performance Measure FY 2007 FY 2008 FY 2008 FY 2009 FY 2010 FY 2011


Actual Target Actual Projection Projection Projection
Objective 1: Provide proven
community-based programs,
services, supports and
opportunities that help young
people to turn their lives around,
achieve and flourish
1. Percent of committed youth in
out-of-state residential Placements 14% 12.5% 9% 12.5% 10% TBD
2. Percent of committed youth
connected to school, work and
positive adult at six month intervals
from the date of their release from New
the DC Model program Measure Baseline 33% 90% 92% TBD
3. Average length of stay in secure
detention awaiting placement in
shelter home. 11 days 7 days 4 days 6 days 5 days TBD
4. Average length of stay in secure
detention. 26 days 25 days 21 days 25 days 23 days TBD
Objective 2: Operate secure
facilities that are safe, humane
and address youths’ needs by
building on their strengths
1. Average daily population at
Youth Services Center (YSC) 89 80 86 75 75 TBD
2. Rate of injuries to youth as a New
result of assaults at YSC and OHYC Measure Baseline 133 0 0 TBD
3. Rate of youth on youth assaults at New
YSC and OHYC Measure Baseline -- 0 0 TBD
Objective 3: Develop a
performance driven culture and
infrastructure focusing on
improved outcomes for youth in
our care and supported by a
qualified and well-trained
professional staff.
1. Average caseload – case manager
to committed youth ratio 30 25 28 25 23 TBD
2. Percent of newly committed
youth that undergo a complete case
planning process and are in
placements and receiving services
consistent with their YFTM action New
plan. Measure 35% 56% 50% 85% TBD

83
Objective 4: Provide services,
supports and opportunities to
young people that will reduce
their delinquent behavior and
promote public safety.
1. Recidivism rate for all committed
youth at six month intervals from
the date of their commitment
(Measured as a finding of Data
involvement in a new Analysis
offense) Pending Baseline 24% 16% 14% TBD
2. Percent of youth completing
detention alternatives without re-
arrest and failure to appear in court. 93% 92% 92% 94% 95% TBD

84
E. CHILDREN AND YOUTH INVESTMENT COLLABORATIVE
Children and Youth Investment Collaborative (dollars in thousands)
Mayor’s
Actual Actual Approved Proposed Committee Approved Percent
FY 2007 FY 2008 FY 2009 FY 2010 Variance FY 2010 Change
Local Funds 13,092 20,811 18,460 9,520 700 10,220 -44.6%
GROSS
FUNDS 13,092 20,811 18,460 9,520 700 10,220 -44.6%

Children and Youth Investment Collaborative (FTEs)


Actual Actual Approved Proposed Committee Approved Percent
FY 2007 FY 2008 FY 2009 FY 2010 Variance FY 2010 Change
Local
Funds 0 0 0 0 0 0 0
GROSS
FUNDS 0 0 0 0 0 0 0

Agency Mission and Structure

The mission of the Children and Youth Investment Collaborative is to provide funds to the DC
Children and Youth Investment Trust Corporation (CYIT), a not-for-profit organization that
disburses grants to community-based providers, with the purpose of creating a seamless
approach to the development of policy, planning, and services for children, youth, and their
families in the District of Columbia.

The DC Children and Youth Investment Trust Corporation is an independent non-profit


organization incorporated in June 1999 to increase the quality, quantity and accessibility of
services for children, youth and families in the District of Columbia. The Trust Corporation is
the result of a group of concerned stakeholders determined to improve the approach taken to
providing services to children and youth in the District. Out of a yearlong convening of young
people, parents, caregivers, service providers, community leaders, school officials, corporate
partners, foundations and federal and District government officials, the idea for this new entity
was born.

The goal of the Trust Corporation is to create a sustainable network of effective programs for
children, youth, and families across the District that encourages their healthy development
through support for quality out-of-school time programs and opportunities. The Trust
Corporation leverages public and private funds which are disbursed through grants to community
organizations in the District that provide direct services to children, youth and their families.

The Authority plans to fulfill its mission by achieving the following strategic result goals:

85
■Increase the efforts of children and youth programs;
■Ensure high quality programs and services for every child in the District; and
■Create mechanisms to assess the effectiveness of these efforts.

These goals are funded through the following agency programs: Year-Round and Summer.

Year Round Programs

■Parent Centers - provides support services to parents of young children and ensures that they
are prepared to embark on their education.

■Out-of-School Time - provides services to school-age children during after-school hours, on


weekends, and during the summer, to promote academic achievement and to reduce negative
behavior that correlates with unsupervised, unstructured time outside of school.

■Older Youth Program - supports youth between the ages of 14 and 24 both enrolled in school
and those no longer connected to school.

Summer Programs

■Summer Program - provides enriching opportunities to ensure that children and youth ages 5-
24 are safe and have opportunities to enhance their learning over the summer months. These
funds include providing alternative services during the late night hours.

FY 2010 Proposed Budget

Gross Funds

The Mayor’s 2010 proposed budget is $9,520,000, a decrease of $8,940,000 from the
approved FY 2009 budget of $18,060,000. For the purposes of the District’s multiyear
financial plan, the FY 2010 proposed budget recognizes the entire CYIC Subsidy of
$9,520,000 as a “one-time” expenditure. The Mayor’s budget reports there are no
operating FTEs supported by this fund, representing no change from FY 2009.

The proposed FY 2010 Trust Corporation budget is comprised entirely of local funds. The
Committee notes that the Mayor’s proposed FY 2010 budget for CYITC of $9,520,000 is a
substantial reduction from the FY 2009 amount awarded of $18,060,000, and furthermore, that
the allocation is described as a “one-time” enhancement. Continued District funding for the
Trust beyond FY 2010 thus appears in doubt.

Additionally, the Trust has, in the past, relied on substantial private funding in order to support
its programming initiatives for children and youth in the District. In FY 2009, the Trust has
raised and expects receipts of $1,242,223 from private sources, and projects a total of $1,336,250
in private and non-District funds for FY 2010.

86
FY 2009 marks the final year of a multi-million grant awarded to the Trust from the Wallace
Foundation to provide Out-of-School Time (OST) planning and programming.

Committee Recommendations

The Committee supports the Mayor’s Budget Request for 2010 with the following
recommendations and changes:

1. The Committee adopts the Mayor’s request to add one-time funds for a grant in the
amount of $250,000 to empower youth to reclaim the environmental, social, and
economic health of their communities, but directs these funds to be awarded under the
regular competitive processes of the CYITC.

2. The Committee adopts the Mayor’s request to add one-time funds for a grant in the
amount of $150,000 to provide educational, athletic, emotional and socially enriched
choices for youth, but directs these funds to be awarded under the regular competitive
processes of the CYITC.

3. The Committee directs CYITC to implement policies and procedures to protect the safety
of children and youth served by grantees by requiring criminal background and traffic
records checks for employees of grantees who work directly with children and youth.

4. The Committee accepts a transfer of $700,000 in local funds from the Committee on
Public Works and Transportation, and allocates this amount to CYITC, to be distributed
evenly between the Southwest/Waterfront neighborhood and the Near Southeast/Hill East
neighborhood for youth programming and activities, to be awarded through the regular
competitive process of CYITC, to offset the loss of the Boys and Girls Clubs serving
those neighborhoods.

5. The Committee recommends the adoption of Budget Support Act provisions to enhance
transparency of the CYITC grant-making process.

87
IV. FISCAL YEAR 2010 BUDGET REQUEST ACT APPROPRIATION
LANGUAGE RECOMMENDATIONS
1. Committee Reasoning

On March 20, 2009, Chairman Gray introduced, on behalf of the Mayor, the Fiscal Year
2010 Budget Request Act of 2009 (Bill 18-202). The Committee recommends adding language
to reflect the following changes:

(1) a transfer of $100,000 from Child and Family Services to the Department on
Disability Services to support 1 FTE who shall be competent to implement a Facilitated Family
Team Meeting pilot program as outlined in the Committee Report.

(2) an increase of $1.1 million to the Child and Family Services Agency to support an
enhancement to the Grandparent Subsidy Program from a revenue source to be determined.

(3) a transfer of $100,000 from the Committee on Government Operations and the
Environment to the Department of Human Services to support a one-time grant to the
Community Council for the Homeless in Friendship Place to assist its mission and outreach to
residents who are, and have been, homeless

(4) a transfer of $700,000 from the Committee on Public Works and Transportation to
the Children and Youth Investment Collaborative to support additional programming and
activities for children and youth in the Southwest/Waterfront and Near Southeast/Hill East
neighborhoods due to the loss of Boys and Girls Clubs.

(5) a transfer of $250,000 from the Committee on Housing and Workforce Development
to the Department of Human Services to support Housing Access for homeless veterans.

2. Legislative Recommendations for Committee of the Whole

The Committee recommends amending the existing language in Title ------ to reflect the
following:

(1) an increase of $1,000,000 to Child and Family Services to reflect a transfer of


$100,000 from Child and Family Services to the Department on Disability Services, and an
increase from a revenue source to be determined of $1.1 million to support an enhancement to
the Grandparent Subsidy Program.

(3) an increase of $350,000 to the Department of Human Services to reflect a transfer of


$100,000 from the Committee on Government Operations and the Environment to support a one-
time grant to the Community Council for the Homeless in Friendship Place, and a transfer of

88
$250,000 from the Committee on Housing and Workforce Development to support Housing
Access for homeless veterans.

(2) an increase of $700,000 to the Children and Youth Collaborative to reflect a transfer
of $700,000 from the Committee on Public Works and Transportation to the Children and Youth
Investment Collaborative.

89
V. FISCAL YEAR 2010 BUDGET SUPPORT ACT RECOMMENDATIONS
On Monday, March 23, 2009, Chairman Gray introduced on behalf of the Mayor Bill 18-
203, the “Fiscal Year 2010 Budget Support Act of 2009.” The bill contains a number of subtitles
under the jurisdiction of the Committee on Human Services.

A. RECOMMENDATIONS ON BUDGET SUPPORT ACT SUBTITLES


PROPOSED BY THE MAYOR

1. TITLE IV. HUMAN SUPPORT SERVICE

SUBTITLE A. GRANDPARENT CAREGIVERS EXTENSION PROGRAM

a. Purpose, Effect, and Impact on Existing Law

The proposed subtitle would amend D.C. Official Code § 4-251.02 to convert the Grandparent
Caregivers Pilot Program into a permanent program by striking the word “pilot.”

b. Committee Reasoning

The Committee recommends adoption of this proposed subtitle. The Committee


further recommends an additional $1.1 million from a revenue source to be determined to
the Child and Family Services Agency to support an enhancement to the Grandparent
Subsidy Program.

SUBTITLE E. GRANT-MAKING AUTHORITY FOR THE DIRECTOR OF THE


DEPARTMENT OF YOUTH REHABILITATION SERVICES

b. Purpose, Effect, and Impact on Existing Law

The proposed subtitle would amend D.C. Official Code §2-1515.04 to authorize the Director of
the Department of Youth Rehabilitation Services to issue grants for programs that deliver
prevention, intervention, therapeutic, or rehabilitation services, supports, or opportunities.

c. Committee Reasoning

The Committee disapproves this proposed subtitle. The language is overly broad and
unnecessary in order for the Department to fulfill its mission. The Committee considered
adding limitations to this request to require grants in excess of $250,000 to be submitted for
Council approval, and to impose reporting requirements. However, after discussions with
Agency representatives, it became clear that there was no agreement on these proposed
limitations, and that in the face of limitations as proposed by the Committee, the Agency
90
would withdraw the request. The Committee encourages the Agency to work with the
Office of Contracts and Procurement to improve the flexibility and responsiveness of that
Agency to address the Department’s needs for flexibility in the procurement of services.

B. RECOMMENDATIONS FOR NEW BUDGET SUPPORT ACT


SUBTITLES
The Committee on Human Services recommends adding the following new subtitles to the
“Fiscal Year 2010 Budget Support Act of 2009”:

Summary

1. SUBTITLE XX. REPORTING REQUIREMENTS B HUMAN SERVICES.


This subtitle would establish new reporting requirements for the Department of Human
Services and the Child and Family Services Agency, including, at DHS, expanded
reporting on services provided to the homeless during hypothermia season; the
development of a “Healthy Foods Initiative” to supplement Food Stamps benefits for
families receiving TANF benefits for use at area Farmer’s Markets to purchase fresh
produce; and that CFSA provide a plan developed by the Healthy Families Thriving
Communities Collaborative to reduce the incidence of abuse and neglect.

2. SUBTITLE XX. GRANTS TO CYITC REQUIREMENTS


This subtitle would direct the Mayor to submit grants and grant renewals to CYITC in
excess of $1 million to the Council for review; require quarterly reports for such grants;
and provide for enhanced transparency and participation of community-based
organizations in the CYITC grant-making process.

3. SUBTITLE XX. DDS WAITING LIST REQUIREMENTS


This subtitle would direct the Department on Disability Services to issues rules and
regulations to clarify the responsibility of the Department with respect to persons who
have applied and are considered eligible to receive services, but have been placed on the
Department’s Waiting List. The subtitle would require the Department to provide regular
reports on individuals applying and waiting to receive services.

4. SUBTITLE XX. OFFICE OF YOUTH MENTORING ESTABLISHMENT


This subtitle would establish the Office for Youth Mentoring to coordinate and expand
programs and public/private partnerships supporting youth mentoring opportunities for at
risk youth, within a single administrative unit of the District of Columbia government;
establish an Advisory Board; and allow District government employees to use accrued
leave to volunteer as a youth mentor to District youth.

5. SUBTITLE XX. CATEGORICAL ELIGIBILITY

91
This subtitle would require the Mayor to establish a TANF funded program or service for
the purpose of establishing Categorical Eligibility for the food stamp program, and
require the Mayor to establish the Heat and Eat Initiative as part of the Low-Income
Home Energy Assistance Program (LIHEAP) to maximize the allowable standard
deduction used to calculate benefit levels.

BSA Subtitles

1. SUBTITLE XX. REPORTING REQUIREMENTS B HUMAN SERVICES.

Sec. XXXX. Short title.

This subtitle may be cited as the AHuman Services Reporting Requirements Act of 2009@.

Part AB Department of Human Services

Sec. XXXX. Housing First report.

By January 30, 2010, the DC Auditor shall submit to the Council a financial impact

report measuring the government-wide savings produced by the District=s Housing First

Program, including in emergency services, physical and mental health services, substance abuse

services, personal safety, police services, and incarceration.

Sec. XXXX. Winter plan report.

By September 1, 2010, the Department shall submit to the Council, along with the annual

winter plan required by section 5(b)(9) of Homeless Services Reform Act of 2005, effective

October 22, 2005 (D.C. Law 16-36; D.C. Official Code ' 4-752.02(b)(9)), an evaluation of case

management services provided to homeless individuals during the hypothermia season, including

a detailed protocol to evaluate a residents needs to help them emerge from homelessness.

Sec. XXXX. Healthy Foods Initiative report.

By October 10, 2010, the Department shall submit to the Council a report on its

implementation of the healthy foods initiative, which shall be funded by not less than $500,000

92
of federal stimulus funds during FY 2010, to supplement food stamp benefits for families

receiving TANF benefits to allow certain stamps to be used at area Farmer=s Markets to purchase

locally grown and fresh produce.

Part B B Child and Family Services Agency

Sec. XXXX. Health Families Thriving Communities Collaboratives report.

By January 30, 2010, the Agency shall submit to the Committee on Human

Services a plan developed by the Healthy Families Thriving Communities Collaboratives

(ACollaborative@), which shall be funded with $75,600 provided to the Collaborative by the

Agency, to reduce the incidence of abuse and neglect, by geographic area, which shall include

data for the prior 3 years on both investigated and substantiated cases by geographic location and

practical recommendations.

2. SUBTITLE XX. GRANTS TO CYITC REQUIREMENTS

Sec. XXXX. Short title.

This Title may be cited as the "Children and Youth Initiative Establishment Amendment

Act of 2009".

Sec. XXXX. The Children and Youth Initiative Establishment Act of 1999, effective

October 20, 1999 (D.C. Law 13-38; D. C. Official Code ' 2-1551 et seq. ), is amended as

follows:

(a) Section 2403 (D.C. Official Code ' 2-1553) is amended as follows:

(1) Subsection (a) is amended by striking the phrase AThe Mayor@ and inserting

the phrase ASubject to the requirements in subsections (a-1) and (a-2) of this section, the Mayor@

in its place.

(2) New subsections (a-1) and (a-2) are added to read as follows:
93
A(a-1)(1) Sub-grants shall be awarded on a 3-year basis, subject to the availability

of funding.

A(2) At least 50 % of the members of a review panel for sub-grant

applications shall be individuals who are not employees or contractors of the Children Youth

Investment Trust Corporation.@.

“(a-2) No grant may be awarded under this section in excess of $1 million during

a 12-month period, either singularly or cumulatively, unless the grant is submitted to the Council

for approval, in accordance with section 451 of the District of Columbia Home Rule Act,

approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), or by act.”.

(3) A new subsection (c) is added to read as follows:

A(c) Beginning October 1, 2009, the Mayor shall submit a quarterly status report

to the Council for all grants in excess of $1 million, which includes:

A(1) Detailed grantee data;

A(2) Performance measures and performance outcomes under each grant;

“(3) The specific services provided to children and youth under each

grant;

“(4) The entity providing the services, if one other than the grantee;

A(5) The time period of delivery of the services;

A(6) The type of service provided;

A(7) The actual amount paid for the services; and

A(8) The amount of other expenditures under the grant, if any.”.

(b) A new section 2304a is added to read as follows:

94
ASec. 2304a (to be codified at D.C. Official Code ' 2-1553.01) is added to read as

follows:

ASec. 2304a. The Children and Youth Investment Corporation, or a successor single non-

service provider, nonprofit organization, shall submit a biannual assessment and funding report

to the Council, which includes:

A(1) A research-based needs assessment of at-risk youth, which identifies:

A(A) Available resources;

A(B) Needed resources, if any; and

A(C) Any gap in services; and

A(2) A list of funding priorities based upon the needs assessment.@.

3. SUBTITLE XX. DEPARTMENT ON DISABILITY SERVICES REPORTING,


WAITING LIST, AND NEEDS ASSESSMENT REQUIREMENTS.

Sec. XXX. Short title.

This subtitle may be cited as the “Department on Disability Services Reporting, Waiting

List, and Needs Assessment Amendment Act of 2009”.

Sec. XXX. The Department on Disability Services Establishment Act of 2006, effective

March 14, 2007 (D.C. Law 16-264; D.C. Official Code § 7-761.01 et seq.), is amended as

follows:

(a) Section 105 (D.C. Official Code § 7-761.05) is amended as follows:

(1) Paragraph (5) is amended by striking the word “and” at the end.

(2) Paragraph (6) is amended by striking the phrase “where appropriate.” and

inserting the phrase “where appropriate;” in its place.

(3) New paragraphs (7) and (8) are added to read as follows

95
“(7) Establish a waiting list for supports and services only after convening a task

force of residents with intellectual and developmental disabilities and their families, service

providers, and advocates to assist the Department in developing rules and procedures, which

shall provide:

“(A) That persons on the waiting list begin to receive supports and

services within a reasonable period of time;

“(B) That the allocation of supports and services is based on a fair,

equitable, and consistent method;

“(C) That the minimum supports and services are available to all eligible

persons;

“(D) The supports and services for which a waiting list will be established;

“(E) How a person is placed on the waiting list;

“(F) The criteria that determine rank on the waiting list;

“(G) The criteria for providing immediate services to a person on the

waiting list:

“(i) If the person is homeless or at imminent risk of becoming

homeless, as these terms are defined in section 2(18) and (23) of the Homeless Services reform

Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01(18)

and (23)); or

“(ii) If there is a reasonable belief that the person is in imminent

danger or will be subject to abuse or neglect if the person does not receive immediate support or

service;

96
“(H) The process for a person to appeal his or her placement or rank on

the waiting list; and

“(I) The notice procedure for informing a person of his or her placement

on the waiting list, including how long the person can expect to wait for supports and services;

and

“(8) In partnership with residents with intellectual and developmental disabilities and

their families, service providers, and advocates, through work groups, sponsor forums, or other

type of assembly that ensures meaningful community participation, conduct a needs assessment

of District residents with intellectual and developmental disabilities and their families, which

shall be published no later than September 30, 2010.”. (b)

New sections 106a and 106b (to be codified at D.C. Official Code §§ 7-761.06a and 7-761.06b)

are added to read as follows:

“Sec. 106a. Reporting requirements.

(a) The Mayor shall publish reports on persons seeking and receiving services

from the Department. Each report shall provide a monthly and year-to-date statistical profile of:

“(1) Persons who have applied for services, organized by:

“(A) Referral source;

“(B) Application status; and

“(C) Average length of time spent in each stage of the application process;

“(2) Eligible persons who have requested but not yet received one or more

services, organized by service type;

“(3) Persons receiving services, organized by service type; and

“(4) Persons terminated from services, organized by reason for termination.

97
“(b) The Mayor shall publish the reports required under subsection (a) of this section on

a bimonthly basis throughout fiscal year 2010 and on a quarterly basis thereafter, no later than

the 15th day following the end of the month or quarter for which the report is required.

“Sec. 106b. Reports and notices to be made available to the public.

“The Department shall make all reports and notices required under this act available on

its website within 1 business day of publication, and shall provide copies to the public upon

request.”.

4. SUBTITLE XX. OFFICE OF YOUTH MENTORING YOUTH MENTORING

Sec. XXX. Short title.

This subtitle may be cited as the “Office for Youth Mentoring Establishment Amendment

Act of 2009".

Sec. XXX. Establishment of the Office for Youth Mentoring.

(a) There is established, as a subordinate agency under the Mayor in the executive

branch of the government of the District of Columbia, the Office of Youth Mentoring (“Office”).

The Office shall be the centralized unit to administer the programs delegated to it by the Mayor

or the Council to promote youth mentoring and public/private partnerships to increase youth

mentoring opportunities.

Sec.XXX. Appointment of Executive Director; compensation, staff.

(a) (1) The Office shall be headed by a Director, who shall be appointed pursuant to

section 2(a) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C.

Official Code § 1-523.01(a)). The Director shall devote full time to the duties of the Office and

shall be compensated pursuant to Title IX of the District of Columbia Government

98
Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.

Official Code § 1-609.01 et seq.), at a rate no lower than a DS-15.

(2) The office shall have, at a minimum, 2 full-time employees, plus any

temporary staff approved by the Office of Budget and Planning.

Sec. XXX. Functions of the Office.

The functions of the Office shall include:

(1) Serving as an advocate for the youth mentoring community;

(2) Assisting programs in developing and submitting grant applications related to

youth mentoring;

(3) Providing general assistance in recruiting mentors from public and private

sector organizations, including:

(A) Businesses;

(B) Public, private, and public charter schools;

(C) Universities and colleges;

(D) Community organizations;

(E) Units of government; and

(F) Faith-based organizations;

(4) Developing and implementing memorandums of understanding with

businesses and corporations based in, or doing business with, the District of Columbia to

encourage employees to mentor youth and create greater mentoring opportunities;

(5) Coordinating with each District department and agency to designate an

employee to serve as a youth mentoring coordinator to encourage employees to mentor youth

and create greater mentoring opportunities;

99
(6) Developing strategies for creating and disseminating private and public sector

resources through a network that supports:

(A) Local mentoring partnerships;

(B) Direct service programs;

(C) Capacity-building grants;

(D) District-wide technical assistance training efforts; and

(E) Ongoing database and data collection efforts;

(7) Developing a District-wide tracking system that enables local programs to

report on:

(A) The number of youth served;

(B) Qualitative changes in the behavior and attitude of students served;

(C) Resources needed; and

(D) Areas of needed service.

(8) Providing training and technical assistance, including District-wide and

regional training sessions in youth mentoring best practices no fewer than 4 times per year that

focuses on supporting:

(A) Schools and local nonprofit agencies seeking to initiate,

strengthen, and expand mentoring efforts; and

(B) Business and labor organizations, universities and colleges, and

faith-based organizations seeking to use their resources to develop, manage, and sustain a

mentoring initiative; and

(9) Raising public awareness of the need for and the benefit of mentoring through

District-wide media campaigns, newsletters, and publications.

100
Sec. XXX. Advisory Board.

(a) The Mayor shall establish an Advisory Board, consisting of no more than 15

member, which shall meet once per quarter to advise the Office for Youth Mentoring and the

Mayor on issues relating to youth mentoring programs.

(b) The membership shall be representative of the diversity of people and ideas

within the youth mentoring, business, and government communities, and shall include:

(1) The Chancellor of District of Columbia Public Schools;

(2) The Director of the Department of Youth Rehabilitative Services;

(3) The Director of the Department of Parks and Recreation;

(4) The Executive Director of the Children Youth Investment Trust Corporation;

(5) The Executive Director of DC Mentoring Partnership; and

(6) Individuals from the youth mentoring and business communities.

(c) The nongovernment members shall serve 2-year terms.

Sec. XXX. The District of Columbia Government Comprehensive Merit Personnel

Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), is

amended by adding a new section 1203c (to be codified at D.C. Official Code § 1-612.03c) to

read as follows:

“Sec. 1203c. Mentor leave.

“(a) An employee shall be entitled to use up to 10 days of accumulated leave to serve

as a youth mentor, without loss or reduction in pay or credit for time of service, in a calendar

year.

“(b) Subsection (a) of this section shall apply only if the employee is a volunteer

youth mentor and the youth is a resident of the District of Columbia.

101
“(c) The Mayor shall prescribe rules and regulations to implement the provisions of

this section.”.

5. SUBTITLE XX. CATEGORICAL ELIGIBILITY

Sec. XXXX. Short title.

This subtitle may be cited as the “Food Stamp Expansion Act of 2009”.

Sec. XXX. Definitions

For the purpose of this act, the term:

(1) “Categorical Eligibility” means the automatic eligibility for the food stamps

program as determined by the enrollment in a separate TANF funded program.

(2) “Food Stamp Program” means the federally funded Supplemental Nutrition

Assistance Program.

(3) “LIHEAP” means the Low Income Home Energy Assistance Program.

(4) “Maximum Standard Utility Allowance” means the maximum level of accepted

utility-based income deductions used in determining benefits under the food stamp program.

(5) “TANF” means the Temporary Assistance for Needy Families Program.

Sec. XXXX. Categorical Eligibility for food stamps.

(a) The Mayor shall establish a TANF funded program or service for the purpose of

establishing Categorical Eligibility for the food stamp program.

(b) Eligibility shall be granted to all applicants with gross income at or below 200%

of the federal poverty level.

Sec. XXXX. LIHEAP Heat and Eat Initiative.

102
(a) The Mayor shall establish a LIHEAP Heat and Eat Initiative for the purpose of

providing the maximum standard utility allowance to all participants.

(b) All food stamp recipients shall be automatically enrolled in the LIHEAP Heat and

Eat Initiative.

(c) All LIHEAP Heat and Eat participants shall receive a minimum annual benefit of

$1.

(d) Participation in the LIHEAP Heat and Eat Initiative shall not preclude any

recipients from receiving standard LIHEAP benefits of which they are eligible.

VI. COMMITTEE ACTION AND VOTE


The Committee met on Thursday, April 30, 2009, at 10:15 a.m. in the Council Chambers (Room
500) of the John A. Wilson Building to consider and vote on the Mayor’s FY 2010 Budget
Request for the agencies under its jurisdiction, the provisions of the FY 2010 Budget Support
Act of 2009 referred to the Committee for comment, and the Committee’s report.

Fiscal Year 2010 Budget Request and Budget Support Recommendations

The Committee convened on Thursday, April 30, 2009, at 10:15 a.m. in the Council Chambers
(Room 500) of the John A. Wilson Building to consider and vote on the Mayor’s FY 2010
Budget Request for the agencies under its jurisdiction, the provisions of the FY 2010 Budget
Support Act of 2009 referred to the Committee for comment, and the Committee’s report.
Chairperson Wells, and Councilmembers Barry, Michael Brown and Councilmember Bowser
were present. Chairperson Wells opened the meeting with an Opening Statement in which he
described the recommendations contained in the Committee’s draft report.

Chair Wells then recognized Councilmember Bowser who thanked the Chair for his work on the
budget and expressed her support for the Committee’s recommendation that funding be increased
for the Grandparents Subsidy. She indicated that she would prefer finding an alternative source
of funding for the program rather than recommending that the full Council increase the gas tax
by a penny. Chairperson Wells indicated that he would be pleased to support a different source
of funding for the Grandparent Subsidy program and thanked Councilmember Bowser for her
ongoing support of Grandparents participate in the program.

Councilmember Michael Brown voiced his support of the Chairman’s recommendations and
especially thanked him for his leadership in the areas of youth mentoring and the Grandparents

103
subsidy, and for the inclusion of the Food Stamp Expansion Act of 2009 in the Budget Support
Act recommendations.

Councilmember Barry made mention of the 30 years that he has known and worked with
Chairperson Wells and highlighted the tremendous energy and progressive attitude that Mr.
Wells has shown for those who are in need. Councilmember Barry also expressed his thanks to
the Committee staff.

Councilmember Wells moved an amendment to accept a transfer of funds from the Committee
on Housing and Workforce Development to support Housing Access, a program for homeless
veterans, through the Department of Human Services. The total amount to be transferred to this
purpose is $250,000. The amendment was adopted on a voice vote.

Eric Goulet, the Council’s budget director requested clarification related to the Committee report
language related to a gas tax increase. Chairman Wells indicated that the language was intended
to be an option for increased revenue that could be considered by the full Council.

The Committee acknowledges the receipt of a letter dated April 30, 2009, from Attorney General
Peter Nickles, prior to the markup, raising several concerns regarding language in the Committee
Report. Specifically, the Attorney General stated that language in the report directs the Child
and Family Services Agency to consult with the Court Monitor and Plaintiffs in the LaShawn
litigation, and with public and private stakeholders, and that this language has the potential to
undermine the independent decision-making authority of the Agency.

The Committee notes that its directives are proffered in the spirit of good governance, and
disagrees with the Attorney General’s view that they interfere with the independent decision-
making authority of the Agency. It is within the legislative authority of the Council to direct that
Agencies consult with members of the public and other stakeholders in the development of
policy recommendations.

In this respect, the Council fully expects the Agency to be responsive to its directives, even as
the District Government works to address issues that are raised by ongoing litigation. The
Committee further disagrees with the Attorney General’s objection to the Committee’s
recommendation to transfer $4.2 million from the Office of the Transportation Manager to CFSA
– this recommendation is again entirely within the legal authority of the Council to make, will
not interfere with the ability of the District to meet its requirements under existing Court orders,
and will produce the added benefit of forcing the Child and Family Services to take into account
all costs associated with placing children in out-of-state placements for foster care services.

Chair Wells thanked staff for their work and moved for approval of all of the Committee’s
recommended FY 2010 Budget Request and Budget Support recommendations and Committee
Report, with leave for staff to make technical and conforming changes to reflect the Committee’s
actions. The Members voted as follows:

Members in favor: Chairman Wells and Councilmembers Barry, Michael Brown and
Councilmember Bowser.

104
Members opposed: None
Members voting present: None
Members absent: Councilmember Mendelson

The meeting was adjourned at 11:05 a.m.

VII. ATTACHMENTS
A. March 25, 2009 Fiscal Year 2010 Budget Oversight Hearing Witness List and Testimony
B. April 3, 2009 Fiscal Year 2010 Budget Oversight Hearing Witness List and Testimony
C. April 6, 2009 Fiscal Year 2010 Budget Oversight Hearing Witness List and Testimony

105