Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft Judiciary Committee September 28, 2018 [LR402 LR418 LR428 LR429 LR447] The Committee on Judiciary met at 9:00 a.m. on Friday, September 28, 2018, in Room 1510 of the State Capitol, Lincoln, Nebraska, for the purpose of conducting a public hearing on LR418, LR447, LR429, and LR402. Senators present: Laura Ebke, Chairperson; Patty Pansing Brooks, Vice Chairperson; Roy Baker; Ernie Chambers; Steve Halloran; Matt Hansen; and Adam Morfeld. Senators absent: Bob Krist. SENATOR EBKE: Welcome. Welcome to the Judiciary Committee. My name is Laura Ebke. I'm from Crete, representing Legislative District 32, and I chair the Judiciary Committee. Like to start off by having my committee members introduce themselves. We'll start over on my left with Senator. SENATOR HALLORAN: Good morning. SENATOR EBKE: (Laugh) It's not working. SENATOR HALLORAN: It's not working. Senator Steve Halloran, representing District 33, which is Adams County and parts of Hall County. SENATOR PANSING BROOKS: And I'm Patty Pansing Brooks and I represent Legislative District 28 right here in the heart of Lincoln. SENATOR CHAMBERS: Ernie Chambers, District 11 in Omaha. SENATOR MORFELD: Adam Morfeld, District 46 in northeast Lincoln. SENATOR BAKER: Roy Baker, District 30, Gage County and part of southern Lancaster County. SENATOR EBKE: Okay. Senator Hansen may be joining us at some point. We're not sure. If you're planning on testifying today, please fill out one of the yellow testifier sheets in the back. 1 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft Judiciary Committee September 28, 2018 Can I see a show of hands how many people are planning on testifying on...we just have invited testimony I believe for LR418. And then how many are planning on testifying on one or both, how about both of the LR447 and LR429? SENATOR MORFELD: Senator Morfeld and Pansing Brooks's. SENATOR EBKE: Yeah, Morfeld and Pansing Brooks. Hands held high. Okay. And then LR402, the Halloran interim study, how many are planning on testifying on that? SENATOR HALLORAN: Some will be coming later. SENATOR EBKE: Okay. Okay. Well, we have a lot of people here to observe then. We will...I want to introduce Laurie Vollertsen, our committee clerk; and Tim Hruza, who is our legal counsel for today. We have a couple of committee pages, right, Austen and Corey (phonetic)? LAURIE VOLLERTSEN: Grady. SENATOR HOWARD: Grady. SENATOR EBKE: Grady. I'm sorry. Yeah. We will begin testimony with an opening statement by the introducer of each resolution. We will then hear from those wishing to testify on the resolution and we will finish with a closing statement by the introducer if they wish to give one. This is not proponent/opponent or anything like that. These are interim studies. Please begin your testimony by giving us your first and last name and spell them for the record. If you have any handouts, please bring up at least 12 copies, give them to the page. If you don't have enough copies, the page can make more for you. We will be using a three-minute light system, in the interest of time. A number of us have another meeting at 1:00 so we're going to try to finish by 12:30. When you begin your testimony, the light on the table will turn green. The yellow light is your one-minute warning. And when the red light comes on, we ask that you wrap up. There will be an audible beep at that point. As a matter of committee policy, I'd like to remind everyone that the use of cell phones and other electronic devices is not allowed during public hearings. Senators may use them to take notes or stay in contact with staff. Basically, we want to just make 2 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft Judiciary Committee September 28, 2018 sure that things aren't getting noisy, so please don't talk on the phone or anything. And with that, we will begin today's hearings. Senator Howard. [LR418] SENATOR HOWARD: (Exhibit 1) Good morning, Senator Ebke and members of the Judiciary Committee. My name is Senator Sara Howard, H-o-w-a-r-d, and I represent District 9 in midtown Omaha. Welcome to the Health and Human Services hearing room. I hope you enjoy time here. Today I present to you LR418, an interim study that examines racial disproportionality that exists in Nebraska's child welfare and juvenile justice systems. During the study, my office and stakeholders examined data surrounding the continued racial and ethnic disparities in both of these systems, especially for youth who are Native American, African American, Latino, or who identify as Hispanic. We have received input from diverse communities' members...diverse community members of color, including Nebraska tribes. We also encountered current data limitations, including inconsistent data collection and research on racial disproportionality. Ultimately, what this data shows is that the child welfare and juvenile justice systems affect children and families of color at a significantly higher rate than their Caucasian or white peers. Among the data collected was an information request from the Department of Health and Human Services, and the Office of Juvenile Services, which I have shared with you. You all have a...it looks like this. You guys all have that? Okay. And I asked for information regarding existing data gaps, perceived causes of disparity, and data on racial demographics. In the response from CFS, they listed adverse social conditions, such as poverty, unemployment, substance abuse, mental health, and childhood exposure to abuse and neglect, as the most likely contributing factors to disparity. These social factors aren't limited to the state of Nebraska but they're the same that we see across the country. Also contained in the letter is a table outlining race and ethnicity compared to count and proportion of youth currently in foster care. What you can see is that white children make up nearly half of the population while the other half is composed of other races. This does not match up with Nebraska's overall demographic population. And what this data shows us is that the child welfare and juvenile justice systems do affect children and families of color at a higher rate. The term "disproportionality" is often used to explain overrepresentation, the meaning...meaning that for African American, Native American, and Hispanic youth they make up a larger percent of the foster care and juvenile justice systems based on their population size. For some minority groups, there may not be data showing this disproportionality, but that does not mean there aren't disparities. As you'll hear today during 3 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft Judiciary Committee September 28, 2018 testimony, research reports from Voices for Children and the Foster Care Review Office show this issue in our Nebraska foster care and juvenile justice system. This interim study allowed an opportunity to further explore the ways in which the child welfare and juvenile justice systems affect children and families in different Nebraska communities. There was continued assessment of data for this interim, investigation into best practices in other states for reducing this disproportionality, but most importantly we collected feedback from those most affected by these systems. Over 60 individuals shared their experiences through one-on-one conversations, listening sessions, and survey responses responding to questions on issues faced in the system and ideas on solutions to reduce disproportionality. These 60 individuals range from youth to parents involved in the system to foster parents, front-line workers, and advocates. And their experiences were documented and we've actually got a youth advocate who's going to come. She's one of our invited testifiers today. When looking at addressing these issues, we have to acknowledge the impact of systemic racism in many of our systems and policies. Issues related to race intersect with other social issues, such as poverty, substance abuse, mental health, and child abuse and neglect. The first step in finding solutions is a systemic acknowledgment of these issues and then working alongside those who have experienced the foster care and juvenile justice systems to identify and implement these solutions. It is important because we can reduce disproportionality and improve outcome for children and families of color, but it will also improve the system overall for all youth in the state of Nebraska. During the testimony that follows me, you'll hear from a number of coalitions that will be sharing their research and suggestions with you, along with testimony. I've invited Kim Hawekotte from the Foster Care Review Office and Julie Rogers, our Inspector General, to talk about their reports as they relate to disproportionality and disproportionate contact for kids in our juvenile justice system and our child welfare system. And I do appreciate your time and attention to this important issue and I'm glad that we were able to have a hearing for LR418 because I think it's something that's incredibly important for our state to consider. With that, I'm happy to try to answer any questions but it appears that you have a long day coming, so I will do my best to be brief. [LR418] SENATOR EBKE: Questions for Senator Howard? Senator Chambers. [LR418] 4 Transcript Prepared By the Clerk of the Legislature Transcriber's Office Rough Draft Judiciary Committee September 28, 2018 SENATOR CHAMBERS: Senator Howard, I'm able to talk to you so I'm not going to take a lot of time.