
Jan. 22, 2018
Season 30 Episode 14 | 28m 42sVideo has Closed Captions
A House panel hears testimony on a crime victims' bill of rights.
A House panel hears testimony on a crime victims' bill of rights. The Public Pension Oversight Board gets updates on the public employee and teacher retirement plans. Rep. David Meade discusses the state's foster care and adoption systems.
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
Legislative Update is a local public television program presented by KET
You give every Kentuckian the opportunity to explore new ideas and new worlds through KET.

Jan. 22, 2018
Season 30 Episode 14 | 28m 42sVideo has Closed Captions
A House panel hears testimony on a crime victims' bill of rights. The Public Pension Oversight Board gets updates on the public employee and teacher retirement plans. Rep. David Meade discusses the state's foster care and adoption systems.
Problems playing video? | Closed Captioning Feedback
Where to Watch Legislative Update
Legislative Update is available to stream on pbs.org and the PBS app.
Providing Support for PBS.org
Learn Moreabout PBS online sponsorship>> Casey: A SENATE BILL THAT WOULD AMEND KENTUCKY'S CONSTITUTION PASSES A HOUSE COMMITTEE.
THE PENSION OVERSIGHT BOARD HEARS FROM PENSION PLAN ADMINISTRATORS.
AND A CONVERSATION WITH REPRESENTATIVE DAVID MEADE ON THE FOSTER CARE AND ADOPTION SYSTEMS ON DAY 13 OF THE 2018 KENTUCKY GENERAL ASSEMBLY IN REGULAR SESSION.
GOOD EVENING AND WELCOME TO "LEGISLATIVE UPDATE."
I'M CASEY PARKER-BELL.
MARSY'S LAW IS ANOTHER STEP CLOSER TO BEING PRESENTED TO VOTERS ON THEIR 2018 BALLOTS.
SENATE BILL 3, THE PROPOSED CONSTITUTIONAL AMENDMENT ALSO KNOWN AS MARSY'S LAW, PASSED THE HOUSE ELECTIONS AND CONSTITUTIONAL AMENDMENTS COMMITTEE TODAY.
MARSY'S LAW IS NAMED AFTER A CALIFORNIA STUDENT KILLED BY A STALKER IN 1983, AND THE BILL WOULD ESTABLISH A CRIME VICTIM'S BILL OF RIGHTS.
BILL SPONSOR WHITNEY WESTERFIELD SAYS THAT CURRENTLY CRIME VICTIMS ARE NOT TREATED AS EQUALS IN THE CRIMINAL JUSTICE PROCESS.
>> MARES LAW CREATES A SET OF CALLS RIGHTS FOR CRIME VICTIMS.
THE RIGHT TOW NOTICE OF PROCEEDINGS OR OF ESCAPE OR RELEASE OF ACCUSED, THE RIGHT CRITICAL TO BE PRESENT, THE RIGHT TO PROCEEDINGS FREE FROM UNREASONABLE DELAY, THE RIGHT TO CONSULT WITH THE PROSECUTION, THE RIGHT TO REASONABLE PROTECTION FROM THE ACCUSED, THE RIGHT TO CONSIDERATION OF THE VICTIM'S SAFETY WHEN SETTING BAIL OR RELEASE CONDITIONS, WHICH IS NOT YET CONSIDERED EXPLICITLY ALLOWED TO BE CONSIDERED BY LAW, THE RIGHT TO RESTITUTION, THE RIGHT TO FAIRNESS AND CONSIDERATION OF THE VICTIM'S SAFETY, DIGNITY AND PRIVACY, AND THE RIGHT TO BE INFORMED OF THESE RIGHTS.
AND IMPORTANTLY, PERHAPS THE MOST SIGNIFICANT ONE OF THESE, IS THE RIGHT TO STANDING TO ENFORCE THESE RIGHTS, SOMETHING VICTIMS DO NOT CURRENTLY HAVE.
IN THE RELATIVELY WEAKER SET OF STACH HERO RIGHT THAT THEY HAVE, THEY'VE GOT NO MECHANISM TO ENFORCE THEM.
WE SHOULD CHANGE THAT.
WE'VE TALKED A BLOT ABOUT CRIMINAL JUSTICE ISSUES IN THIS MUFFLERS OVER THE LAST SELF YEARS I HAVE CHAMPIONED AND SPONSORED SOME OF THOSEY BILLS.
I BELIEVED IN THEM.
I BELIEVE THEY WERE THE RIGHT THINGS TO DO.
THERE'S MORE WORK TO DO IN THAT WORLD, A LOT OF WORK TO DO, AND I EXPECT WE'RE NOT DONE DOING IT IN THE 2018 SESSION.
BUT THIS IS AN IMPORTANT PART OF CRIMINAL JUSTICE REFORM THAT WE HAVEN'T DONE YET AND WE HAVEN'T TAKEN ON.
IT'S TIME TO PUT A REAL FACE AND A REAL VOICE TO KENTUCKY'S VICTIMS >> Casey: TESTIFYING IN FAVOR OF SENATE BILL 3 WAS MELISSA BUCHANAN.
HER BROTHER CHARLIE DIED AFTER BEING ROBBED AND BEATEN IN 2000.
SHE SAYS SHE LEARNED OF COURT DATES FROM THE NEWSPAPER AND WASN'T NOTIFIED WHEN DEFENDANTS WERE RELEASED FROM CUSTODY.
>> FOR MANY YEARS NOW, I HAVE WORKED THROUGH -- I HAVE WORKED WITH FAMILIES THROUGHOUT THE COMMONWEALTH WHO HAVE LOST LOVED ONES, HELPING THEM NAVIGATE THE CRIMINAL JUSTICE SYSTEM.
I CURRENTLY SIT ON THE SURVIVORS COUNCIL AND HAVE FORMED HOPE AFTER HOMICIDE.
A RESOURCE BANK AND SUPPORT NETWORK FOR HOMICIDE SURVIVORS.
I DIDN'T WANT TO BECOME AN EXPERT IN THIS AREA, BUT HELP IS NEEDED.
VICTIMS ARE JUST REGULAR PEOPLE.
THE JUSTICE SYSTEM THAT'S MADE UP OF LAWYERS, LAW ENFORCEMENT, AND JUDGES AND FULL OF COMPLICATED PROCEDURES AND LEGAL JAR GONE IS VERY INTIMIDATING.
WE DON'T KNOW WHAT WE'RE ALLOWED TO SAY OR DO UNTIL SOMEONE TELLS US.
AND I'VE REPEATEDLY FOUND THAT IN SMALL TOWNS, HOW YOU'RE TREATED AS A VICTIM IS MORE ABOUT -- IS MORE OFTEN ABOUT WHO YOU KNOW AND WHAT CONNECTIONS YOU HAVE.
THAT SHOULDN'T BE THE CASE.
WHILE PROVIDING VICTIMS WITH THE CONSTITUTIONAL RIGHT TO THE VERY BASIC THING LIKE INFORMATION, NOTICE, PRESENCE AND A VOICE CERTAINLY CAN'T TAKE AWAY THE PAIN OF LOSS BUT IT WILL ENSURE CONSISTENCY ACROSS THE STATE AND HELP FAMILIES FEEL SATISFIED WITH THE RESPONSE OF OUR JUSTICE SYSTEM.
>> Casey: TESTIFYING IN OPPOSITION OF MARCY'S LAW WAS DAVID WARD, PRESIDENT OF THE KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS.
WARD SAYS THAT MARSY'S LAW IN ITS CURRENT FORM CANNOT HELP EVERYONE BECAUSE OF THE FINANCIAL RESOURCES REQUIRED TO PROSECUTE CRIME VICTIM'S RIGHTS.
>> LADIES AND GENTLEMEN OF THE COMMITTEE, I WOULD SUGGEST TO YOU THAT THE VAST MAJORITY OF CRIME VICTIMS DON'T HAVE THE RESOURCES RIGHT NOW IN ORDER TO PAY FOR PRIVATE COUNSEL TO COME AND ADVOCATE ON THEIR BEHALF TO LITIGATE THESE MATTERS IN FRONT OF THE BAR, AND THAT'S WHAT'S STANDING ULTIMATELY IS ALL ABOUT.
IF YOU GIVE STANDING TO SOMEONE, THEN WHAT YOU'RE -- WHAT IT SEEMS, AND THERE'S AN APPEARANCE OF WHAT'S OCCURRING HERE, IS THAT IF PROSECUTORS, AND MOST OF THEM DO A VERY GOOD JOB AND DO NOTIFY THE VICTIMS AND DO TAKE INTO CONSIDERATION AS THEY'RE STATUTORILY REQUIRED TO DO, THEIRING PUT AND THEIR OPINIONS, IF THOSE PROSECUTORS AREN'T DOING IT, DOING THEIR JOB, IF THAT ISN'T OCCURRING, LADIES AND GENTLEMEN, THE SOLUTION TO THAT PROBLEM IS NOT BY SAYING, WELL, WE'LL JUST GIVE STANDING TO THE VICTIMS AND THEY CAN GO HIRE THEIR OWN LAWYERS AND THEY CAN PRACTICE IN FRONT OF THE BAR BECAUSE, FIRST OF ALL, IF A PROSECUTORS AREN'T DOING THEIR JOB, AND AGAIN I WANT TO BE VERY CLEAR THE VAST MAJORITY OF THEM DO A GOOD JOB, DO INCLUDE THE VICTIM, DO EFFECTUATE THE THAT THE VICTIM ALREADY HAVE IN KENTUCKY STATUTE, IF YOU JUST GIVE THIS TO THE FOLKS THAT CAN AFFORD TO HAVE PRIVATE COUNSEL COME IN AND LITIGATE IN FRONT OF THE BAR, THEN YOU'RE GIVING THIS TO A FAIRLY SMALL SLIVER OF THE VICTIM POPULATION AND, QUITE FRANKLY, IT RAISES SOME EQUAL PROTECTION PROBLEMS.
>> Casey: RESPONDING TO A QUESTION FROM REPRESENTATIVE DERRICK GRAHAM ABOUT PROBLEMS OTHER STATES THAT PASSED MARSY'S LAW ENCOUNTERED, BILL SPONSOR WHITNEY WESTERFIELD SAYS HE HAS SPENT TIME TALKING WITH PEOPLE FROM ARIZONA ABOUT THE LAW'S IMPACT ON THE STATE.
>> THESE ARE LARGELY PROCEDURAL RIGHTS.
I'D SAY THEY'RE ENTIRELY PROCEDURE RIGHT.
SO EVEN WHAT WE'RE GRANTING HERE IS RELATIVELY LIMITED FOR THE VICTIM THAT CAN'T SUE THE DEFENSE, OR THE DEFENDANT.
HE'S NOT RESPONSIBLE FOR UPHOLDING ANY OF THESE RIGHTS.
COUNSEL HAS SOME AS AN OFFICER OF THE COURT TO DO THAT BUT THE DEFENDANT DOES NOT.
OUTSTANDING OF THE RIGHT TO BE FREE OF -- AND TO BE SAFE FROM HARASSMENT, THAT SORT OF THING, THE DEFENSE I GUESS HAS THAT OBLIGATION OR THOSE ACTING ON BEHALF OF THE DEFENSE HAVE THAT OBLIGATION BUT WE ALL HAVE THAT OBLIGATION AND WE HAVE THAT TODAY.
SO I TAKE ISSUE WITH THE IDEA THAT THE DEFENDANT COULD BE SUED SUED.
IT'S NOT A ONE SIZE FITS ALL.
THE QUESTION EARLIER, AND I CAN'T REMEMBER WHICH ONE OF THE MEMBERS HERE ASKED THE QUESTION, I THINK IT WAS REPRESENTATIVE OVERLY, ABOUT WHO IS CONTROLLING THINGS, THE PROSECUTORIAL DISCRETION IS STILL THERE, THE TRIAL COURT STILL HAS DISCRETION.
BECAUSE EVERY CASE IS DIFFERENT.
EVERY SITUATION IS DIFFERENT.
THE EXAMPLE THAT MR.
WARD PROPOSED ABOUT THERE BEING A NUMBER OF VICTIMS ALL AT ONCE, WE PUT A PROVISION IN THAT'S IN SENATE BILL 30 AGAIN -- THAT'S NOT IN FRONT OF OF YOU, AT LEAST NOT FOR CONSIDERATION -- BUT I ENCOURAGE TO READ IT BUT WE ALLOW FOR THAT.
WE GIVE THE TRIAL COURT THE DISCRETION TO DETERMINE WHAT IS IN THE BEST INTERESTS OF THE CASE THERE TO A A. POINT ONE PERSON TO ACT IN THE BEST INTERESTS THAT OF CLASS OF VICTIMS IF IT'S A MASS CASUALTY SORT OF THING.
SO WE'VE TRIED TO ADDRESS THAT.
ARE THERE UNANSWERED QUESTIONS ABOUT HOW THIS MIGHT AFFECT THIS CASE OR THAT CASE?
SURE.
BECAUSE IT'S BRAND NEW.
THE PARAMETERS OF THE 4th AMENDMENT PROTECTIONS HAVE BEEN CARVED AND BUILT AND SHAPED AND REFORMED OVER HUNDREDS OF YEARS.
THIS WILL BE NO DIFFERENT.
BUT THE VICTIMS HAVE AP, SHOULD HAVE AN OPPORTUNITY TO BE INVOLVED.
>> AND I HAVE NO -- I HAVE NO QUESTIONS ABOUT THAT.
I THINK AS LAWMAKERS WE'VE GOT TO PASS LEGISLATION THAT IS RIGHT AND JUST FOR ALL, AND WE HAVE THAT RESPONSIBILITY BECAUSE, AS YOU KNOW, WE TAKE THE OATH OF OFFICE TO PROTECT FIRST THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF COMMONWEALTH OF KENTUCKY.
AND WHAT I WANT TO DO IS TO PASS LAWS THAT # WE PASS THEM AND WE DON'T HAVE ANY DOUBT ABOUT THE EVOLUTION CONSTITUTIONAL ALT WHETHER IT'S FEDERAL LAW OR IN THIS CASE PUTTING IT IN THE STATE CONSTITUTIONAL.
>> Casey: REPRESENTATIVE GRAHAM JOINED 11 OTHER MEMBERS OF THE COMMITTEE TO PASS SENATE BILL 3.
THE BILL PASSED 11 TO 1.
REPRESENTATIVE ATTICA SCOTT WAS THE LONE NO VOTE.
AS A CONSTITUTIONAL AMENDMENT, SENATE BILL 3 WILL REQUIRE 60 VOTES TO PASS THE HOUSE.
THE KENTUCKY RETIREMENT SYSTEMS, TEACHER AND JUDICIAL PENSION PLAN ADMINISTRATORS GAVE FISCAL UPDATES TO THE PUBLIC PENSION OVERSIGHT BOARD TODAY.
THE INTERIM EXECUTIVE DIRECTOR OF THE KENTUCKY RETIREMENT SYSTEM SAYS HIS SYSTEM STILL HAS UNFUNDED LIABILITIES OF ABOUT $26.8 BILLION BUT THAT CASH FLOWS AND INVESTMENT RETURNS FOR THE VARIOUS KRS PLANS LOOK POSITIVE THIS YEAR.
KERS NON-HAZARDOUS INVESTMENTS ARE ONE EXAMPLE, ACCORDING TO INTERIM DIRECTOR OF INVESTMENTS FOR KRG RICHARD ROBBEN.
PENSION OVERSIGHT BOARD CO-CHAIR JERRY MILLER ASKED ROBBEN ABOUT THE EFFECT ON RETURNS OF MORE CONSERVATIVE ASSUMPTIONS ADOPTED BY KERS LAST SPRING.
>> I REALLY JUST WANTED TO HAMMER ON ONE THING THAT YOU SAID, AND THAT IS THE DIVERGENCE IN PERFORMANCE.
>> YES, SIR.
>> THE -- THE GENESIS OF THE PUSH TO SEPARATE CERS I THINK STARTED YEARS AGO.
I WAS STILL A COUNCILMAN IN LOUISVILLE.
AND IT WAS ALWAYS THAT WE WERE -- CERS WAS UNDERPERFORMING WHAT IT SHOULD BE PERFORMING BECAUSE IT HAD TO INVEST MORE CONSERVATIVELY BECAUSE OF KERS.
AND I THINK WHAT THIS BOARD IS DOING IS RECOGNIZING THE UNDERLYING FUNDING AND INVESTIGATING THEIR ASSETS ACCORDINGLY.
IS THAT A FAIR STATEMENT?
>> YES, SIR.
THAT'S A VERY FAIR STATEMENT.
I WOULD SAY IT'S ALMOST THE EXACT REVERSE OF THAT IN THAT FOR US, THE FULL BENEFIT OF WHAT MYSELF AND THE REST OF THE INVESTMENT TEAM IS ABLE TO DO IS ACCRUED BY CERS AND THE INSURANCE PLANS AND THEN WE TONE IT DOWN FROM THERE, IF YOU WILL, FOR THE PLANS THAT ARE LESS WELL-FUNDED.
THEY SIMPLY CANNOT ACCEPT AS MUCH VOLATILITY, AS MUCH POTENTIAL FOR LOSS AS THE C PLANS CAN.
SO IT'S -- IT'S REALLY MORE THAT THE K PLAN GETS A LITTLE LESS IN TERMS OF RISK AND HENS RETURN.
BUT -- HENCE RETURN THAN THE C PLAN WOULD.
THE C PLAN REALLY IS WHAT WE WOULD CONSIDER KIND OF THE FLAGSHIP OUR INVESTMENT EFFORTS.
>> Casey: DEPUTY EXECUTIVE DIRECTOR OF THE KENTUCKY TEACHER'S RETIREMENT SYSTEM, BEAU BARNES, SAYS INVESTMENT RETURNS FOR THE KENTUCKY TEACHERS RETIREMENT SYSTEM ARE ALSO STRONG BUT TOLD THE OVERSIGHT BOARD THAT KTRS HAS A NEGATIVE CASH FLOW OF $185 MILLION.
BARNES SAYS GOVERNOR BEVIN'S PROPOSED STATE BUDGET FULLY FUNDS THE ACTUARIALLY REQUIRED CONTRIBUTION, OR ARC AS IT IS BETTER KNOWN, FOR THE NEXT BIENNIUM BUT PROVIDES NO MONEYS FOR HEALTH INSURANCE BENEFITS FOR RETIRED TEACHERS.
REPUBLICAN SENATOR JOE BOWEN NOTED THAT HEALTH COVERAGE IS NOT PART OF THE STATE'S INVIOLABLE CONTRACT WITH TEACHERS.
>> BY YOUR OWN ADMISSION, YOU KNOW, IN THE EXECUTIVE BRANCH BUDGET THE GOVERNOR HAS APPROPRIATED THE REQUEST THAT YOU HAVE MADE.
I'M GOING TO USE THE TERM ARC BECAUSE THAT'S WHAT I'M USED TO USING AS OPPOSED TO ADIC.
THEN WHY, WHY IS THERE SUCH OPPOSITION LOSING FOLKS IN THE TEACHING PROFESSION TO NOT SUPPORT THIS EXECUTIVE BRANCH BUDGET?
BECAUSE I'M OVERWHELMED WITH THE eMAILS REQUESTING THAT WE DO NOT SUPPORT THE EXECUTIVE BRANCH BUDGET AS PRESENTED, BUT YET BY YOUR OWN STATISTICS HERE, WE'RE FULLY FUNDING THE ARC AND THIS IS THE SECOND TIME IN RECENT HISTORY THAT IT'S BEEN DONE UNDER THIS ADMINISTRATION, AND WE SUFFERED FOR SO MANY YEARS WHEN THIS DIDN'T HAPPEN AND GOT US TO THE POINT THAT WE'RE IN TODAY.
SO COULD YOU GIVE ME SOME CLARITY ON THAT.
>> I CAN'T SPEAK FOR EVERYONE IN THE EDUCATION COMMUNITY.
I CAN SPEAK TO WHAT I HEAR WHEN I GET PHONE CALLS.
THE PHONE CALLS THAT I AM GETTING ARE CENTERED APRIL THE UNCERTAINTY ABOUT AROUND THE UNCERTAINTY ABOUT WHAT THE LACK OF FUNDING FOR MEDICAL INSURANCE MEANS FOR FOLKS.
>> WHICH IS OUTSIDE OF THE INVIOLABLE CONTRACT.
>> CORRECT.
>> RIGHT.
WHICH IS -- SO THAT'S -- THAT'S THE RUB, SO TO SPEAK, RIGHT?
IS THE HEALTH INSURANCE COMPONENT.
>> FROM THE PHONE CALLS I'M GETTING.
>> OKAY.
WHICH AGAIN, BY YOUR OWN ADMISSION, THAT IS OUTSIDE OF THE IP VOLLEYBALL CONTRACT AND THAT IN YEARS PAST HAS BEEN A SPECIAL APPROPRIATION BY THE GENERAL ASSEMBLY SUSPECT SO LET ME ASK YOU THIS, BEAU.
WHAT THEN WOULD YOU DO IN THAT REGARD TO RECTIFY THAT AS A PENSION BOARD?
WHAT WOULD YOU DO AS A PENSION SYSTEM TO RECTIFY THAT?
WHAT IS YOUR STRATEGY?
>> WITH THE MEDICAL INSURANCE FUNDING?
OKAY.
SO UPPED KRS 167.65 THE BOARD OF TRUSTEES THE ONLY THING THAT IS GUARANTEED IS ACCESS TO ROOT COVERAGE, AND UNDER THAT STATUTE IT DOES SAY THAT THE BOARD SHALL PROVIDE COVERAGE TO THE EXTENT THAT FUNDING IS AVAILABLE.
SO TO BOARD WOULD BE IN CONTROL OF DECIDING HOW MUCH, WHAT TYPE OF INSURANCE IT PRESERVED AND HOW MUCH IS CHARGED TO THE INDIVIDUALMAN.
>> Casey: REPRESENTATIVE JAMES KAY CONTINUED THE DISCUSSION ON HEALTH INSURANCE BENEFITS FOR RETIRED TEACHERS BY ASKING STATE BUDGET DIRECTOR JOHN CHILTON ABOUT THE GOVERNOR'S PROPOSED BUDGET.
>> I WOULD ASK IF, BECAUSE WE HAVE THE GOOD FORTUNE OF HAVING OUR BUDGET DIRECT ON THIS BODY, IF WE COULD SHARE ANY INSIGHT AS TO WHY THE GOVERNOR'S RECOMMENDED BUDGET HAS NO APPROPRIATION FOR THE MEDICAL STATE SHARED RESPONSIBILITY FUNDING.
>> MY RESPONSE WOULD BE THAT THERE IS JUST NOT ENOUGH FUNDING TO SATISFY ALL OF THE NEEDS AND DESIRES THAT PEOPLE MIGHT PROJECT INTO THE BUDGET, AND WE KNEW THAT THAT WAS NOT SUBJECT TO THE INVIOLABLE CONTRACT, SO FUNDING WAS REDUCED TO ZERO FOR THAT PURPOSE.
>> THANK YOU, MR.
DIRECTOR.
AND MR.
CHAIRMAN, MAY I ADD A COMMENT?
PLEASE, SIR.
>> PLEASE PROCEED.
>> THANK YOU.
I THINK THAT WHEN WE HAVE THIS DISCUSSION ABOUT NEEDS AND WANTS AND WHAT WE HAVE TO DO, WE CERTAINLY HAVE AING MOUMENTAL CHALLENGE.
BUT I DON'T THINK TEACHERS GOING TO CALL AND SAY, HEY, GOOD JOB, GOOD JOB FOR FINALLY FUNDING THE ARC.
I DON'T THINK THEY'RE GOING TO CALL IN TO STATE REPRESENTATIVES AND SENATORS AND SAY, HEY, GOOD JOB FOR FINALLY DOING YOUR JOB.
I THINK THEY'RE GOING TO CALL IN AND SAY, WE WANT PEOPLE TO CARE ABOUT WHAT WE DO BECAUSE WE CARE ABOUT WHAT WE DO IN THE CLASSROOM.
AND I THINK THAT TAKING THIS APPROACH THAT ALL YOU GET IS WHAT IS GIVEN TO YOU IN THE INVIOLABLE CONTRACT TAKES AWAY FROM THE REALITY OF WHAT THESE TEACHERS AND THESE STATE EMPLOYEES DOVER INNATE CLASSROOM.
>> Casey: MEMBERS OF THE PENSION OVERSIGHT BOARD WERE ALSO TOLD FROM OFFICIALS THAT THE PENSION PLAN FOR STATE JUDGES IS 97 PERCENT FUNDED AND THE PLAN COVERING LEGISLATORS IS 95 PERCENT FUNDED.
GOVERNOR MATT BEVIN SAID DURING HIS STATE OF THE COMMONWEALTH ADDRESS LAST TUESDAY THAT $11 MILLION WILL BE GOING TO FOSTER CARE AND ADOPTION INITIATIVES.
THE GOVERNOR IS PASSIONATE ABOUT FIXING PROBLEMS WITH THE ADOPTION AND FOSTER CARE SYSTEMS, AND LAST YEAR HE LAID OUT HIS VISION FOR THOSE PROGRAMS DURING KET'S HALF-HOUR SHOW "CHILDREN IN WAIT."
REPRESENTATIVE DAVID MEADE SHARES THE GOVERNOR'S PASSION AND WAS THE CO-CHAIR OF THE HOUSE WORKING GROUP ON ADOPTION.
HE STOPPED BY OUR STUDIO ON FRIDAY FOR AN INTERVIEW WITH RENEE SHAW WHERE HE SHARED HIS OWN STORY ABOUT THE FOSTER CARE AND ADOPTION SYSTEM AND DISCUSSED PUNITIVE FATHER REGISTRIES.
>> THE BIG ISSUE WE REALLY WANT TO COVER IS FOSTER CARE AND ADOPTION, AND FIRST OF ALL I WANT, IF YOU DON'T MIND SHARING YOUR OWN PERSONAL STORY WANTS YOU HAVE DONE ON THE HOUSE FLOOR BEFORE ABOUT WHY THIS IS SUCH AN IMPORTANT ISSUE FOR.
>> YOU OF COURSE I'M AN ADOPTIVE FATHER AND WY DAUGHTER IS ADOPTED FROM KOREA AND THE REASON WE DID THAT, WE HAD STARTED LOOKING INTO DOMESTIC ADOPTIONS AND AS YOU DO THAT YOU WOULD HEAR HORROR STORIES OF THINGS HAPPENING DURING THAT ADOPTION PROCESS AND THINGS FELLING THROUGH, AND WE JUST WENT LIKE WE DIDN'T WANT TO TAKE THAT CHANCE AT THE TIME, AND SO WE ENDED UP ADOPTING FROM KOREA AND WE HAVE A BEAUTIFUL DAUGHTER.
THAT'S SHE'S BEEN WITH US FOR FIVE AND A HALF YEARS.
>> HOW OLD IS SHESOME.
>> SHE'S SEVEN.
ABOUT TO BE SEVEN IN A COUPLE OF WEEKS.
>> SEVEN GOING ON 12, RIGHT?
>> THAT'S EXACTLY RIGHT, YES.
>> SO YOU DIDN'T NECESSARILY HAVE THE EXPERIENCE IN THE STATE'S FOSTER CARE SYSTEM BECAUSE YOU HAD HEARD ABOUT HOW IT CAN BE A MORE TUMULTUOUS TYPE OF EXPERIENCE.
WHAT HAVE YOU HEARD AND HOW THIS WORK CAN GROUP IS ADDRESSING THE WORK CAN GROUP.
>> EVEN PART OF ADOPTING INTERNALLY THERE ARE STILL SYMPTOM THINGS YOU HAVE TO DO IN KENTUCKY AND PART OF THAT IS THE HOME STUD AND IT IS HOW INCONSISTENT THEY CAN BE.
IT'S NOT CONSISTENT ACROSS THE BOARD.
THAT'S ONE OF THE THINGS THAT HAS BEEN GIVEN TO US AS A RECOMMENDATION WITH THIS WORK GROUP, IS TO STANDARD I'D THOSE HOME STUDIES.
ALSO, WE'VE GOT 8500 CHILDREN IN CARE RIGHT NOW.
THEY'VE -- SEVERAL THOSE HAVE BEEN IN THERE FOR QUITE SOME TIME AND THIS TIME OF CHILDREN LINGERING THREE TO FIVE YEARS IN THE SYSTEM JUST TOO LONG, AND SO WE FEEL WE CAN MAKE THAT SYSTEM BETTER AND WE CAN GET THESE CHILDREN BACK EITHER SAFELY TO THEIR FAMILIES OR ADOPTED QUICKER THAN THEY'RE LINGERING IN THE SYSTEM RIGHT NOW.
>> THERE ARE SEVERAL MEMBERS OF THE GENERAL ASSEMBLY THAT HAVE ADOPTED CHILDREN.
>> THERE ARE.
>> AND NOT JUST IN THE HOUSE BUT IN THE SENATE AS WELL.
WE KNOW SENATOR WESTERFIELD EVEN THOUGH THIS IS A HOUSE WORKING GROUP, HAVE YOU CONSULTED WITH YOUR BRETHREN AND SISTERS IN THE UPPER CHAMBER TO MAYBE TALK ABOUT SOME OF THEIR RECOMMENDATIONS IF THEY HAVE PERSONAL EXPERIENCE WITH THIS?
>> I HAVE.
SENATOR WESTER FIELD AND I TALK REGULARLY WITH THE ADOPTION PROCESS AND HE CAME TO SEVERAL OF THOSE WORK GROUP MEETINGS.
WE HAD INVITED HIM TO COME AS WELL.
ALONG THE WAY WE'VE GIVEN HIM SOME OF THE THOUGHTS THAT ARE MAYBE N BILL THAT'S GOING TO BE COMING OUT.
ONCE EVERYTHING IS FINALIZED WITH THAT DRAFT, I PLAN ON GOING ACTUALLY AND TALKING TO HIM AND SENATOR McDONALD ABOUT SOME OF THESE THOUGHTS AND IDEAS.
>> DO YOU HAVE A TIMELINE ON WHEN A BILL ARE ON BILLS MIGHT BE RELEAD?
>> I'M HOPING THAT THE BILL CAN BE FILED NEXT WEEK.
>> SO IT WILL JUST BE ONE BILL.
>> YES.
>> ONE OM BUY ANY BUS ADOPTION/FOSTER CARE BILL?
>> EXACTLY.
ONCE WE GET INTO THIS AND GET THAT BILL FILED THERE MAY BE AMENDMENTS ON IT TO IT OR WE BEHAVE TO FILE ADDITIONAL BILLS THAT WE DON'T SEE IN THE BEGINNING.
>> COMMUNICATION WITH THE GOVERNOR'S OFFICE ABOUT YOUR EFFORT, HAS THAT HAPPENED AT THIS POINT IN THE PROCESS OR WILL THAT COME LATER?
>> ACTUALLY WE'LL BE RIGHT BACK HASP.
THE FIRST LADY HATS BEEN INVOLVED IN THIS QUITE OFTEN AS WE'VE BEEN GOING THROUGH THIS PROCESS ME.
WITH HER SEVERAL TIMES.
YESTERDAY THE GOVERNOR AND I AND THE FIRST LADY HAD A MEETING ABOUT WHAT COULD BE IN THIS DRAFT AND SO WE HAVE DISCUSSED THIS ALONG THE WAY.
>> SO WHAT CAN YOU DISCLOSE THAT'S IN THE DRAFT AT THIS POINT IN TIME?
>> WELL, I MEAN, ONE OF THE THINGS RIGHT NOW THAT WE WANT TO DO IS ONE OF THE SMALL THINGS IS WE WANT TO GIVE FOSTER PARENT MYER VOICE.
THAT'S ONE OF BIGGEST THINGS WE'VE HEARD THROUGHOUT THE TIME PERIOD IS THAT FOSTER PARENTS DON'T HAVE THAT BIG OF A VOICE WHEN IT COMES TO THE COURT SYSTEM AND THINGS LOOK THAT.
SO WE'RE WANTING TO ACTUALLY ESTABLISH A STATUTORY COMMITTEE HERE IN THE GENERAL ASSEMBLY THAT WOULD DEAL WITH NOTHING BUT CHILD WELFARE SO THAT THOSE FOSTER PARENTS WILL HAVE A VOICE THERE.
ALSO EXPANDING THE REASONABLE FOSTER CARE ADVISORY BOARDS, EXPANDING THOSE SO THAT THEY CAN GET SOME INPUT FROM SOME OF THESE FOSTER PARENTS AND SOME OF THE GENERAL PUBLIC AS FAR AS IT RELATES TO CERTAIN CASES, AND SO WE'RE TRYING TO GIVE THEM MORE OF A VOICE IN THAT WAY.
SOME OF THE OTHER THINGS THAT WE'RE LOOKING AT DOING IS WE'VE AWAY.
WORKING WITH AOC AND WE'VE BEEN WORKING -- >> THE.
>> ADMINISTRATIVE OFFICE OF THE COURTS FOR TRANSLATION.
>> YES.
WITH SOME OF THE TIMELINES TO TRY TO EXPEDITE THE PROCESS SO THAT WE CAN GET TPR CASES DONE OR ADOPTIONS DONE QUICKER.
>> TERMINATION OF PARENTAL RIGHTS.
>> YES.
I APOLOGIZE.
>> THAT'S QUITE ALL RIGHT.
YOU'RE SO FAMILIAR.
>> WE GET INTO THIS.
>> IT'S ALLAT ALPHABET SOUP WITH YOU GUYS I'M SURE AT THIS POINT.
>> WE ALSO NEED SOME ADDITIONAL RESOURCES.
WE NEED TO HELP WITH THE SOCIAL WORK RETENTION BECAUSE WE KNEE THAT THAT IS A HIGH TURNOVER RATE WITH SOCIAL WORKERS, SO WE KNOW THEY NEED TO BE PAID A LITTLE BETTER.
WE ALSO KNOW WE NEED ADDITIONAL FAMILY PRESERVATION RESOURCES.
SO THERE ARE SEVERAL DIFFERENTLY THINGS THAT WE'RE LOOKING AT GETTING PUT IN THIS BILL.
>> THE GOVERNOR DURING HIS STATE OF THE COMMONWEALTH AND BUDGET ADDRESS POINTED FOSTER CARE AND ADOPTION AND PUTTING SOME MONEY TOWARD THAT, HIRING SOCIAL WORKERS, SEVERAL MILLION DOLLARS.
JUST THE DETAILS WILL COME AS WE GO THROUGH THAT PROCESS, AND I ALWAYS TELL FOLKS THAT THAT'S A BUDGET PROPOSAL AND THERE'S LOTS OF STEPS BEFORE THERE'S A FINAL PRODUCT, BUT JUST BASED OFF WHAT YOU HEARD LAST TUESDAY NIGHT, WHAT DO YOU THINK ABOUT HIS EFFORTS IN HELPING TO KIND OF BUOY THESE SYSTEMS?
>> WELL, I THINK I WAS END THOUSAND TO HEAR THAT'S HE'S WILLING TO PUT ADDITIONAL MONEY INTO THAT.
THIS, THE FOSTER CARE PROBLEM THAT WE HAVE IN THE STATE OF KENTUCKY AND THE CHILDREN THAT ARE COMING IN CAN BE DIRECTLY RELATED TO THE OPIOID EPIDEMIC THAT WE'RE CURRENTLY BATTLING.
AND SO WHEN WE PUT THAT ADDITIONAL MONEY IN TO START HELPING THOSE CHILDREN S,, AND A LOT OF THESE CHILDREN ARE IN A LIFE CYCLE THAT THEY JUST CAN'T GET OUT OF, SO WE NEED TO MAKE THAT INVESTMENT ON THE FRONT END FOR THESE CHILDREN COMING INTO THE FOSTER CARE ALSO WITH THE OPIOID EPIDEMIC IN ORDER TO GET THOSE CHILDREN OUT OF THAT LIFE CYCLE, GET FAMILIES OUT OF THIS LIFE CYCLE SO WE CAN GET.
ON THE RIGHT PATH.
>> THERE'S ADDITIONAL MONEY PUT SIDE FOR RECOVERY, AND ALL OF THAT IS CONNECTED.
>> IT IS.
>> AS YOU SAID SO MANY HAVE THOSE CHILDREN HAVE COME INTO THE SYSTEM BECAUSE THAT'S WERE IN ENVIRONMENT WHERE DRUG ABUSE WAS HAPPENING.
WHEN I'VE SPOKEN WITH COMMERCE JOHNSON -- IT'S BEEN A FEW MONTHS BACK-- SHE WAS TALKING IN ONE MONDAYS OR SO WE'RE TALKING SEVERAL HUNDRED KID, A SPIKE IN THE NUMBERS, AND SO WHEY WHEN YOU HEAR THAT THIS IS WHAT'S HAPPENING TO KIDS, THAT YOU AND OTHERS COULD RESCUE, HOW DOES THAT SIT WITH YOU?
>> WELL, IT'S -- IT'S SADDENING TO KNOW THAT THESE CHILDREN'S ARE HAVING TO GO -- WHAT ARE THEY'RE HAVING TO GO THROUGH IN THE PROCESS.
EVERY CHILD LONGS TO BE WITH A FAMILY MEMBER OR A PARENT, AND THEM GETTING INTO THE SYSTEM AND LINGERING FOR THAT TIME PERIOD IT'S SADDENING TO HEAR THE STORIES OF WHAT THEY GO THROUGH.
>> PARENTAL RIGHTS, AND YOU TALKED ABOUT TERMINATION PARENTAL RIGHTS, AND WE'VE HEARD A LOT ABOUT HOW IT TACKS A LONG TIME SOMETIMES FOR THAT TO HAPPEN, AND SO -- AND I KNOW THAT THAT CAN BE A VERY CAREFUL LINE TO TOW BECAUSE YOU DON'T WANT TO DO IT TOO QUICKLY, PERHAPS, OR LET A CHILD LINGER, SO DO YOU THINK THAT YOU HAVE FOUND THE RIGHT BALANCE WHEN IT COMES TO TERMINATION OF PARENTAL RIGHTS?
>> I THINK WE HAVE.
# WE CAN START THE PROCESS EARLIER ON.
THAT DOESN'T MEAN THAT YOU HAVE TO GO COMPLETELY THROUGH THE PROCESS BUT WE CAN GET THINGS STARTED SO THAT IF THAT ENDS UP BEING THE PATH THAT IS TAKEN, THEN THOSE CHILDREN WILL BE READY WHEN THAT HAPPENS TO MOVE ON TO ADOPTION OR WHATEVER IT MAIN FOR THEM IN THE FUTURE.
>> FATHERS, AND I NEVER REALLY HEARD THIS TERM, IS IT PUNITIVE?
>> PUNITIVE FATHERS.
>> PUNITIVE FATHERS.
SO FOR MEN WHO BELIEVE THEY COULD BE THE FATHER OF AN INFANT, THEIR ABILITY TO BE INVOLVED IN AN ADOPTION PROCESS GOING FORWARD.
EXPLAIN A LITTLE BIT MORE ABOUT THAT PARTICULAR AREA THAT YOU ALL HAD ADDRESSED.
>> MANY STATES HAVE WHAT'S CALLED A FUGITIVE FATHER REGISTRY AND I THINK THERE'S SOMEWHERE 27 TO 30 STATES IN THE NATION THAT HAVE SOME FORM OF IT, AND WHAT IT IS IS THAT FATHER OR THAT PERSON, WHEN THEY HAVE BEEN IN A RELATIONSHIP WITH A WOMAN, THEY HAVE A CERTAIN RESPONSIBILITY AT THAT POINT, AND THEY -- THESE STATES HAVE SET UP REGISTRIES WHERE THOSE MEN WOULD REGISTER TO SAY THERE'S A POSSIBILITY THAT THEY COULD BE A FATHER OF A CHILD.
THERE'S IN INDIANA, FOR EXAMPLE, THE WOMAN IN THIS RELATIONSHIP ALSO HAS A RESPONSIBILITY TO GIVE THE NAMES OF WHO SHE MAY HAVE BEEN INVOLVED WITH IF SHE PLANS ON GIVING HER CHILD UP FOR ADOPTION, AND THAT WAY THOSE FATHERS CAN BE NOTIFIED AT THAT TIME OF -- BEFORE BIRTH THAT THERE IS A POSSIBILITY THAT THEY ARE THE FATHER OF A CHILD, AND IF SO, IF THEY ARE SEEKING TRIES THAT CHILD, THEN THEY WOULD HAVE THAT OPPORTUNITY THROUGH THAT REGISTRY, AND IF THEY HAVE NOT REGISTERED BY THE TIME OF BIRTH OF THE CHILD, THEN THOSE RIGHTS WOULD BE WAIVED.
>> OKAY.
SO THEY FORFEIT THEIR RIGHT IF THEY DON'T GET IN ON THAT REGISTRY BEFOREHAND, BEFORE THE BIRTH OF CHILD.
>> THAT'S RIGHT.
ALSO IN THAT THEY HAVE TO PROVE THAT THEY HAVE HAD SOME TYPE OF INTERACTION WITH THE MOTHER THAT THEY HAVE HELPED OUT IN SOME WAY WITH HER PREGNANCY OR WITH MEDICAL CARE OR SOMETHING TO SHOW THAT THEY HAVE BEEN A PART OF THEIR LIFE.
>> SO IN THE KENTUCKY VERSION OF WHAT WE COULD SEE, IS THERE A REQUIREMENT FOR THE -- IS THAT A REQUIREMENT FOR THE WOMAN WHO LIST THE MAN OR THE POSSIBLE MEN COULD BE THE FATHER?
>> WE'RE WORKING ON THAT RECENT, AND THAT WOULD BE A PART OF IT, YES.
>> IT WOULD BE A REQUIREMENT.
>> YES.
>> THAT MIGHT BE A STICKING POINT WITH SOME FOLKS.
ARE YOU ANTICIPATING SOME PUSHBACK ON THAT PARTICULAR POINT?
>> WE ARE.
OF COURSE, ANY TIME THAT YOU LOOK INTO SOMETHING LIKE THAT THERE'S GOING TO BE SOME OPPOSITION TO IT, I BELIEVE, BUT AS WE'VE LOOKED INTO IT WITH THE OTHER STATES, MOST OF YOUR ADOPTION ATTORNEYS ARE -- ACTUALLY I HAVEN'T MET ANY ADOPTION ATTORNEYS RIGHT NOW THAT ARE NOT IN FAVOR OF IT.
MANY OF YOUR FAMILY COURT JUDGES ARE IN FAVOR OF IT, AND SO I THINK THAT IT'S PROVEN TO BE SUCCESSFUL IN OTHER STATES.
>> GETTING TO YOUR POINT ABOUT CREATING A STATUTORY COMMITTEE, AND THAT MAY SOUND LOOK A LOT OF LANGUAGE TO SOME REGULAR VIEWERS WHO MAY NOT UNDER WHAT THAT MEANS, SO CURRENTS THERE'S A HEALTH AND WELFARE ON HEALTH AND FAMILY SERVICES COMMITTEE IN EACH OF THE HOUSE AND SENATE.
SO YOU'RE SAYING THAT INSTEAD OF ALL OF THOSE TYPES OF ISSUES GOING INTO THOSE COMMITTEES, THERE WOULD BE A SEPARATE FETE COMMITTEE THAT DEALT WITH THESE CHILD WELFARE ISSUE.
>> THAT WOULD BE CORRECT.
>> AND WHY IS THAT SO CRUCIAL?
>> WELL, I THINK THAT AS WE HAVE SEEN WITH HEALTH AND FAMILY SERVICES, THAT CABINET IS SO LARGE, AND THE AMOUNT OF WORK THAT THEY HAVE TO DO, SOME OF THESE THINGS, THERE'S NOT AS MUCH ATTENTION GIVEN TO CERTAIN THINGS AS WE FEEL THERE SHOULD BE.
AND SO AS WE -- IF WE ESTABLISH THAT STATUTORY COMMITTEE, THEN THEY CAN CONTINUE TO LOOK AT MAYBE CHANGES THAT NEED TO HAPPEN IN THE CHILD WELFARE SYSTEM GOING FORWARD BECAUSE WE KNOW THIS IS NOT GOING TO BE SOMETHING WE'RE GOING TO SOLVE IN ONE SESSION.
THIS IS GOING TO HAVE TO BE A PROCESS THROUGHOUT SEVERAL SESSIONS AND WE WANT TO KEEP I KEEP A IF I GO ON TO THAT.
>> Casey: RENEE'S INTERVIEW WITH REPRESENTATIVE MEADE'S CO-CHAIR IN THE HOUSE WORKING GROUP ON ADOPTION, DEMOCRAT JONI JENKINS, AIRED LAST WEEK ON LEGISLATIVE UPDATE.
YOU CAN FIND THOSE EPISODES ON OUR WEBSITE, KET.ORG.
THAT CONCLUDES OUR DAY 13 COVERAGE OF THE 2018 KENTUCKY GENERAL ASSEMBLY IN REGULAR SESSION.
FOR INFORMATION ON LEGISLATIVE MEETING TIMES, CALL TOLL FREE: 1-800-633-9650.
YOU CAN ALSO FOLLOW OUR GAVEL-TO-GAVEL COVERAGE THROUGHOUT THE DAY BY DOWNLOADING KET'S LEGISLATIVE COVERAGE APP TO YOUR SMART PHONE OR TABLET.
YOU CAN WATCH ON OUR KENTUCKY CHANNEL OR FOLLOW ALONG ONLINE AT KET.ORG.
WE HOPE TO SEE YOU AGAIN TOMORROW NIGHT AT 11:00 EASTERN, 10:00 CENTRAL FOR "LEGISLATIVE UPDATE."
I'M CASEY PARKER-BELL.
THANKS FOR WATCHING AND HAVE A GREAT NIGHT.
New Episode- News and Public Affairs

Top journalists deliver compelling original analysis of the hour's headlines.
New Episode- News and Public Affairs

Today's top journalists discuss Washington's current political events and public affairs.
New Season
New Episode
New Episode
New Episode
New Episode
New Episode
New Episode

New Episode
New Episode
Support for PBS provided by:
Legislative Update is a local public television program presented by KET
You give every Kentuckian the opportunity to explore new ideas and new worlds through KET.