HB2368 S H&HR AM #1 AS AMENDED

            The Committee on Health and Human Resources moved to amend the bill on by striking out everything after the enacting section and inserting in lieu thereof the following:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 30. EARLY CHILDHOOD ADVISORY COUNCIL.

§5-30-1. Legislative findings.

            The Legislature hereby finds that:

            (1) Early childhood development is of critical importance to children, families, communities, the education system, employers and the economy; and

            (2) The first three years of life are the peak time for development of the brain's architecture for vision, hearing, language and other cognitive functions. This is what sets the stage for all later learning and why nurturing relationships and environments are crucial in early childhood; and

            (3) Thirty percent of West Virginia boys and girls under age six live in poverty. Research in brain development shows that social, emotional and cognitive development is shaped in early childhood and has a lifelong effect. Children who live in poverty are five times more likely to have children outside marriage, twice as likely to be arrested, and nearly three times as likely to have severe health problems. Children who live in poverty also end up earning incomes less than half those of their counterparts; and

            (4) The West Virginia prison population has tripled in the last twenty years, and our state spends more than $23,000 on each inmate, which is roughly the cost of providing full-time quality child care to five young children. Taking care of our most vulnerable children is not only the right thing to do; it is the best way to help our state's health, welfare, and economy in the long run; and

            (5) Returns on investments in human development are the highest during the first three years of life, according to Nobel-winning economist James Heckman and other researchers. Children who participate in high-quality early care and education are more likely to succeed in school and adult life. Better child outcomes lead to a host of societal benefits, including fewer costs for remedial programs, higher college-going rates and a stronger workforce; and

            (6) In West Virginia, the long-term economic benefit of high-quality early childhood programs is estimated at $5.20 for each dollar invested, according to a 2005 study by the Center for Business and Economic Research at Marshall University. The study identified four major benefits to West Virginia's families and economy: (A) Increasing the capacity of children to become more productive workers and citizens; (B) providing quality child care so that parents can work; (C) providing a major industry with a significant number of jobs; and (D) producing returns on investment to public and private money in excess of returns to other economic development programs; and

            (7) The highest quality home visiting programs, over time, yield returns of up to $5.70 per taxpayer dollar spent in reduced mental health and criminal justice costs, decreased dependence on public assistance programs, and increased employment, L. A. Karoly, M. R. Kilburn and J. S. Cannon. (2005). "Early Childhood Interventions: Proven Results, Future Promise." Santa Monica, CA: The RAND Corporation; and

            (8) John Pepper, former Chief Executive Officer of Procter & Gamble, has stated that business leaders "are powerful allies in the effort to invest scarce public dollars in high-quality home visiting programs. We have seen compelling evidence that home visitation provides dramatic and cost-effective improvements in helping children enter kindergarten ready to learn. There is no better investment for our future than this."; and

            (9) Despite extensive efforts to improve childhood well-being, West Virginia was ranked thirty-seventh in the nation in the "2014 Kids County Data Book," published by the Annie E. Casey foundation, based in part on risk factors related to the high rate of poverty in the state; and

            (10) West Virginia is committed to evidence-based early childhood programs that promote prenatal and child health, early learning, social and emotional abilities, and family engagement and well-being; and

            (11) Early childhood programs must be of sufficiently high quality to achieve positive outcomes, with qualified staff, a healthy learning environment, evidence-based services, strong parent involvement and effective collaboration among the various programs serving pregnant women, young children and their families. Quality also depends on state-level support for professional development, data for planning and evaluation, quality improvement systems and sufficient program funding; and

            (12) Research has shown that prevention, early identification, effective interventions and appropriate support can help avoid or reduce adverse experiences and promote healthy development. The Strengthening Families framework, used in West Virginia and nationally, focuses on building five protective factors: Parental resilience, social connections, knowledge of parenting and child development, concrete support in times of need and social and emotional competence of children; and

            (13) Improvements in wages, benefits and opportunities for advancement in the early childhood field are needed in order to recruit and retain qualified workers and provide the positive, stable relationships that help children thrive. Reimbursement rates for West Virginia child care providers serving subsidized children have not been raised since 2009 and are significantly below seventy-five percent of market rate, the minimum recommended by the federal child care and development block grant; and

            (14) Health care providers play a pivotal role in early development. Beyond the health services they provide, many serve as the gateway to other child development services and are instrumental in statewide efforts to prevent and reduce substance abuse during pregnancy; and

            (15) Effective governance is needed for the overall early childhood system that ensures coordination, alignment, efficiency and accountability; and

            (16) West Virginia's current early childhood data systems are insufficient to provide for effective system planning, evaluation and accountability, and the creation of a system that links program-specific data systems is needed; and

            (17) Recognizing the importance of the earliest years of a child's life, Governor Tomblin created the West Virginia Early Childhood Planning Task Force in May 2013 (2013 W.V. Executive Order No. 5); and

            (18) The task force conducted extensive research and released a development plan for the state's early childhood system. The task force's findings confirm that West Virginia will benefit from the development and implementation of a comprehensive plan for early childhood development that clearly defines the services and programs most likely to advance the health, development and school readiness of young children. The purpose of this article is to implement recommendations from the task force report "Building a System for Early Success: A Development Plan for Early Childhood in West Virginia" and to fully invest in the health, development and well-being of the state's young children.

§5-30-2. Definitions.

            (a) "Early Childhood Advisory Council" or "Council" means the council created by the Governor by 2010 W.V. Executive Order No. 9-10 and codified in section three of this article.

            (b) "Early childhood system" includes, but is not limited to, West Virginia Birth to Three, West Virginia Home Visitation Program, West Virginia PreK, Head Start and Early Head Start federal grantees in West Virginia, child care programs, Family Resource and Starting Points Centers, Family Resource Networks and County Collaborative Early Childhood Teams.

§5-30-3. Continuation of West Virginia Early Childhood Advisory Council.

            (a) The Legislature hereby continues the West Virginia Early Childhood Advisory Council, created by 2010 W.V. Executive Order No. 9-10, and amended thereafter, consisting of the following current members:

            (1) The Director of the Division of Early Care and Education, Bureau for Children and Families, Department of Health and Human Resources;

            (2) A representative of the department of education;

            (3) A representative of local educational agencies;

            (4) A representative of institutions of higher education in the state;

            (5) A representative of local child care providers of early childhood education and development services;

            (6) A representative from Head Start agencies located in the state;

            (7) The State Director of Head Start Collaboration;

            (8) A representative of Early Head Start Programming;

            (9) A representative of the West Virginia Department of Education Office of Special Programs, as established under Section 629 of the IDEA;

            (10) The Director of West Virginia Birth to Three, Office of Maternal Child and Family Health, Bureau for Public Health, Department of Health and Human Resources, as established under Part C of the Individuals with Disabilities Education Act (IDEA);

            (11) A representative of in-home family education;

            (12) A representative of the early childhood advocate community;

            (13) A representative of the business community;

            (14) A representative of the Office of Maternal Child and Family Health, Bureau for Public Health, Department of Health and Human Resources;

            (15) A representative of the Governor’s Office;

            (16) A representative of labor;

            (17) The Director of WV Home Visitation Program, Office of Maternal Child and Family Health, Department of Health and Human Services;

            (18) A representative of the pediatric community;

            (19) A representative of the child welfare community;

            (20) A representative of the family child care community; and

            (21) The Secretary of the Department of Education and the Arts, who is the chairperson.

            (b) All current representatives on the council shall remain on the council until the expiration of their terms, unless they otherwise resign or are removed.

            (c) Any vacancy on the council shall be filled by appointment by the Governor and that new appointee shall serve for three years from the date of appointment. Any representative on the council may be reappointed by the Governor for additional three year terms of service.

            (d) The council shall continue to have the duties and responsibilities set forth in 2010 W.V. Executive Order No. 9-10 and its bylaws.

            (e) As necessary to fulfill the priorities of this article, the council may submit reports to the Governor and the Legislative Joint Committee on Government and Finance. The Joint Committee on Government and Finance shall distribute any such reports to the West Virginia Legislative Oversight Commission on Education Accountability and the West Virginia Legislative Oversight Commission on Health and Human Resources Accountability.

            (f) Members of the council receive no compensation. Each state employee member of the council is entitled to be reimbursed by their employing agency for reasonable actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the travel management office of the Department of Administration.

§5-30-4. Priorities of the Early Childhood Advisory Council.

            In order to provide greater guidance and focus, the Legislature concludes that the Council will be guided by the following priorities:

            (1) Create an integrated data system across all early childhood programs;

            (2) Statewide expansion of West Virginia home visitation program;

            (3) Expanded eligibility definition for West Virginia birth to three;

            (4) Implementation of quality rating and improvement system, including incentive payments;

            (5) Raising family income limits for child care subsidies and increasing provider reimbursement rates for subsidized children;

            (6) Implementing a statewide full-day, high-quality early learning and child care program for three-year-olds;

            (7) Improving system planning, evaluation, development and governance;

            (8) Expanding perinatal drug abuse prevention and treatment; and

            (9) Providing quality tax credits for early childhood programs, staff and families.

CHAPTER 49. CHILD WELFARE.

ARTICLE 7. GENERAL PROVISIONS.

§49-7-37. Annual report to Legislature.

            The Commissioner of the Bureau for Children and Families shall make a child fatality and new fatality report to the Legislative Oversight Commission on Health and Human Resources Accountability. The first report shall be due by July 1, 2015, and is due on July 1 annually thereafter. The report shall be based upon public proceedings, records, reports, case histories and other documents of the Division of Child Protective Services.