COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON PUBLIC HEALTH AND3 HUMAN SERVICES4 5 6 Room 400, City Hall7 Philadelphia, Pennsylvania Wednesday, June 1, 20118 2:20 p.m. 9 10 PRESENT: COUNCILWOMAN MARIAN B. TASCO, CHAIR11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN BILL GREEN12 COUNCILMAN CURTIS JONES, JR. COUNCILMAN JAMES KENNEY13 COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN14 15 BILLS 110304, 100755, 110346 and 110374 16 - - -17 18 19 20 21 22 23 24 25 2 1
We're2 going to begin with the testimony, and3 before we vote anything, we'll have a4 quorum. We're waiting for one5 Councilperson.6 So I'd like to call Council's7 Committee on Public Health and Human8 Relations to order and note that present9 are Councilwoman Donna Reed Miller,10 Councilman Goode and Councilwoman Tasco,11 and Councilwoman Blondell Reynolds Brown12 will be here shortly.13 Good afternoon. We will note14 for the record we'll have the Clerk15 please read the bills that will be heard.16 Bill No. 110346 regarding raccoons will17 be recessed until Tuesday, June 7th at18 2:00 p.m. So if you're here for the19 raccoons, you have to come back.20 Would the Clerk please read the21 other bills.22
Bill No. 110304, an23 ordinance amending Title 21 of The24 Philadelphia Code, entitled25 3 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 "Miscellaneous," by adding a new Chapter2 requiring the Department of Human3 Services to report on its compliance with4 a policy that requires that a summary of5 children's rights to be free from abuse6 be communicated to all children who are7 the subject of an investigation into a8 credible report of child abuse or who are9 being placed in another home, foster10 home, group home, or other facility,11 under certain terms and conditions.12 Bill No. 110755, an ordinance13 amending Title 21 of The Philadelphia14 Code, entitled "Miscellaneous," by15 creating a new Chapter 21-1800, entitled16 "Foster Care," to provide for standards17 and procedures for approving foster18 parents and the placement of children in19 foster care, all under certain terms and20 conditions.21 Bill No. 110374, an ordinance22 amending Chapter 9-600 of The23 Philadelphia Code, entitled "Service and24 Other Businesses," to require tobacco25 4 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 retailers to obtain permits for the2 retail sale of tobacco products and3 certain other products containing4 nicotine, under certain terms and5 conditions.6
Thank you7 very much. 12 COMMISSIONER SCHWARZ: Good13 afternoon, Councilwoman Tasco, members of14 the Committee on Public Health and Human15 Services. I am Donald Schwarz, Health16 Commissioner for the City. 22 At the outset, let me state the23 obvious. Tobacco products are addictive,24 dangerous and deadly. 1 Department of Public Health is charged2 with protecting the health of3 Philadelphia residents. 9 The statistics are clear and10 compelling. Of the ten largest cities in11 the country, Philadelphia has the highest12 rate of smoking among adults. 2 percent of all Philadelphia adults14 were smokers, and nearly one-third of all15 low-income adults were smokers. Among16 large cities, Philadelphia has one of the17 highest rates of youth smoking. In 2009,18 11 percent of 9th to 12th graders smoked19 once in the past 30 days, and nearly20 one-third of all white youth smoked once21 in the past 30 days. 1 retailers per capita than any other large2 city except for Washington, DC. 13 One part of a public health14 strategy to prevent needless deaths15 begins with a permitting system to track16 tobacco retailers more effectively and17 efficiently in the City. Currently, a18 licensing system does exist at the state19 level, but there are two important20 deficiencies with the system. 6 The Pennsylvania Department of7 Revenue licenses cigarette retailers8 throughout the Commonwealth primarily for9 purposes of verifying that retailers are10 selling taxed cigarettes. In11 Pennsylvania, an excise tax applies only12 to cigarettes and not to other tobacco13 products. From a prevention viewpoint,14 this is an important function, since an15 excise tax raises the price of cigarettes16 and makes it less likely for children to17 smoke. However, while the Pennsylvania18 Department of Revenue is first and19 foremost concerned with collecting taxes,20 our Department of Public Health is21 focused on curbing tobacco use and22 effectively enforcing tobacco control23 laws. 1 retailers, not just those that sell2 cigarettes. 12 Even with good information, keeping track13 of the approximately 4,400 cigarette14 retailers would be challenging. Without15 good data, it becomes onerous. The data16 we receive from the state contain only --17 many common problems. 5 As proposed in the bill, the6 Department of Public Health will7 administer an accurate, efficient tobacco8 retailer permitting process. 1 Environmental health sanitarians will2 enforce the law through random3 inspections and through identification of4 retailers that have a state license but5 not a local permit. 14 Permitting will provide us accurate,15 timely and complete information about16 retailers in the City that sell addictive17 and deadly tobacco products. 22 Thank you again for allowing me23 to testify. 3
Thank you4 very much.5 Any questions?6 (No response.)7
Thank you8 for your testimony.9 COMMISSIONER SCHWARZ:10 Pleasure. Thank you.11
Who might12 not support this legislation?13 COMMISSIONER SCHWARZ: I don't14 know. The fee is modest and people are15 already registered with the City through16 the business privilege licensing process17 and through the state. So the18 Department's goal here is to educate19 first, which we've been doing around20 youth sales, and we've been very21 successful. The biggest impediment we've22 had is finding retailers since we've23 relied on the state database. We've24 worked with the state. They know their25 12 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 issues with their own database. So this2 is an attempt to give us more complete3 data, and we'll be able to work with4 retailers better.5
Thank you6 very much. We appreciate your testimony.7 COMMISSIONER SCHWARZ: Sure.8
Okay. Our9 next bill will be Bill No. 100755, the10 foster parents ordinance. Anne Marie11 Ambrose and Ron Spangler.12 (Witnesses approached witness13 table.)14
Good15 afternoon. How you doing?16 COMMISSIONER AMBROSE: Good17 afternoon.18
22 Good afternoon, Councilwoman Tasco and23 members of the Committee. 1 Commissioner of the Department of Human2 Services. DHS currently provides3 services to 22,628 children. Of these,4 4,343 are in foster care. In 2010 alone,5 4,936 children were placed in foster6 care. 14 DHS's mission is to provide and15 promote safety, well-being and permanency16 for all children at risk of abuse,17 neglect or delinquency. Where children18 can be kept safe in their homes, our goal19 is to keep them at home with their20 families of origin. Unfortunately, this21 cannot always be achieved and children22 must go into foster care. 1 Foster families and the2 provider agencies that license them are3 key partners with DHS and play a crucial4 role in our work. 14 The bill's requirement that DHS15 review and consider any history of16 involvement with DHS by a foster parent17 is a critical aspect of DHS's work with18 the provider agencies, which are the19 entities that actually license foster20 homes. 19 It is essential that our foster parents20 accept a child's relationship with his or21 her own parents and work with the22 provider agency to facilitate appropriate23 family and sibling visits. 12 It is, of course, the children13 and youth that we serve that are at the14 heart of our system, and their voices and15 experiences must be heard for our system16 to truly be responsive. It is for this17 reason that the bill's requirement that18 DHS must consult with former and current19 foster children as we develop policies20 around placement of children is so21 important. 5
Thank you6 very much.7 Mr. Spangler, are you8 testifying?9
Good afternoon.12 I'd like to thank the members of the13 Committee Council for this opportunity14 today. My name is Ron Spangler. I'm a15 Program Director for ResCare Workforce16 Services. ResCare's name is derived from17 two words, respecting care. These are18 the core values that form the bedrock of19 the company's philosophy. ResCare has20 been a pioneer in developing training21 programs with a strong emphasis on22 self-sufficiency obtained through23 employment and post secondary education.24 The impact of these programs has resulted25 18 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 in successfully serving youth throughout2 the country, many with multiple barriers3 to employment.4 Today, there are more adults5 searching for their siblings than6 searching for parents. One of the most7 critical contributions that the child8 welfare professionals can provide for9 children who enter care is to preserve10 their connections with their brothers and11 sisters. Approximately 70 percent of12 children in foster care in the United13 States have another sibling in care.14 Visiting between children and care is15 essential to maintaining family16 attachments as well as to reduce the17 sense of abandonment.18 When children come into foster19 care, many times siblings will be20 separated for various reasons. This21 separation can be very hard for children22 to deal with since they're already losing23 the connection to everything that is24 familiar. It is important for siblings25 19 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 to feel connected and remain in contact2 with each other. Foster parents are the3 key to helping the child maintain this4 bond.5 In families requiring6 intervention because patients are unable7 to meet the children's needs, the ties8 between siblings may become even9 stronger. Children learn to depend on10 each other to cope with life experiences.11 If intervention results in separation of12 the siblings, they may experience13 additional feelings of loss and grief.14 When siblings cannot be placed together,15 visits are essential in maintaining their16 emotional attachments and connections.17 Planning for the needs of individual18 children should be carefully considered19 with the background of their sibling20 relationship.21 Sibling relationships are22 powerful and important not only in23 childhood but over the course of a24 lifetime. Siblings form a child's first25 20 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 peer group and children learn social2 skills, particularly in managing conflict3 from negotiating with brothers and4 sisters. Sibling relationships can5 provide a significant source of stability6 throughout a child's lifetime and are7 likely to be the longest relationships8 that most people experience.9 Efforts to support and preserve10 sibling relationships when siblings are11 placed separately in foster care are12 critical. Frequent and meaningful13 sibling visits can be achieved by14 educating foster parents on the15 importance of sibling relationships,16 engaging foster parents in visitation17 planning, and providing services18 necessary to support roles and19 facilitating sibling visitation.20 To improve outcomes for youth21 in foster care, a new vision and22 proactive strategy is required,23 recognizing that key stakeholders cannot24 do this work in isolation of each other.25 21 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 With guidance and support from medical2 agencies and visionary leadership, we can3 help build greater futures.4 Thank you.5
Thank you6 very much.7 Ms. Ambrose, could you tell me8 what triggered this legislation and what9 is different -- what does this10 legislation require that you may or may11 not be currently performing now?12 COMMISSIONER AMBROSE: This13 legislation was actually triggered by14 Councilman Jones visiting DHS and15 spending many hours with my staff and16 myself, learning more about the agency17 and being very interested in what happens18 to kids who are in foster care and being19 very interested in making sure that20 there's a very thorough process for21 making sure that those families who are22 selected to be foster parents are23 thoroughly screened to make sure that24 children are safe.25 22 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 I think some of this is for him2 a personal issue, but taking great3 interest in preserving sibling bonds,4 something that DHS really tries to do.5 Children are traumatized enough by being6 removed from their homes and their7 families and all the things that they're8 familiar with, but to be separated from9 their siblings is particularly10 traumatizing, and we make our best11 efforts to keep those sibling groups12 together. That's one of the priorities13 and philosophies of our system, but when14 that's not possible, we have a15 responsibility to make sure that those16 relationships continue and that we17 facilitate every means of visitation and18 communication to ensure that.19 Far too often I've heard from20 former foster children who are still21 trying to find their siblings that22 they've been separated from for a long23 time. Some of these things are in new24 state law, and so in some ways, this is25 23 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 just a reinforcement of those things that2 are really important as foundations of3 the child welfare system.4 I think, additionally, DHS5 doesn't have the licensure power to6 approve foster homes. That really rests7 with the state and the providers, and8 this is just making sure that DHS9 emphasizes this is a priority in our10 review process.11
Okay.12 Thank you.13 And, Mr. Spangler, how did you14 get interested in this?15
Working with16 ResCare, we work with youth who are in17 foster care. We manage a large number of18 group homes throughout the country. Our19 goal is -- my personal goal is, I'd like20 to retire soon, and to do this, it's21 really important that youth are able to22 make the transition to adulthood23 successfully, whether that includes going24 on to post secondary25 24 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 education/employment, and in doing this,2 we have found that the connection with3 siblings is a very powerful tool. We4 certainly look favorably towards the5 bill.6
Thank you7 very much.8 We have the sponsor of this9 legislation here, and we'd like to offer10 him the opportunity to have comments.11
Thank you,12 Madam Chair, and I apologize for being13 late to a bill that I authored, but we14 have some other --15
We're18 competing with a major issue of a number19 of kids, some of whom are in your charge20 as well, and we're struggling with those21 deliberations and budget issues.22 But I came here to say that the23 origin of this was in a visit to one of24 the advocacy organizations that come25 25 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 under your charge, and I had the blessing2 of meeting with three young people that3 have gone through that system. And I4 want to say for the record and those who5 may be within the sound of the voice,6 that they were some of the most7 courageous people I ever met in my life.8 They had been through adversities of life9 that dealt them some cards probably that10 they did not deserve, definitely some11 cards that they did not deserve, but made12 the best out of situations, and in that13 conversation, in that touching story that14 they told about each of their lives,15 their compassion for siblings, their16 concern about where they were being17 placed and sometimes the need to have18 more input was some of the concerns.19 And to the Commissioner's20 credit, in subsequent meetings when you21 took me on an intense tour of your22 agency -- and when I say "intense," they23 blocked out the better part of a day to24 make sure that I understood their25 26 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 mission. These concerns became not only2 concerns that were by the young people3 but concerns by your staff, and what we4 did was put our heads together and say5 how do we help, how do we strengthen laws6 to provide by input of young people in7 questions of sibling placement.8 I could only imagine as a young9 person not having input where my little10 brother or my little sister was placed11 and not being able to express concerns12 and have those concerns weighted in their13 placement.14 So we got our heads together15 and we introduced this legislation to try16 to address some of those things and try17 to bring focus on the great job, the18 great job -- I underscore it three19 times -- the great job that most foster20 parents do with young people, shaping21 their lives, protecting them from threats22 within and without the system. But to do23 a better job, we might be able to tweak24 the law a little bit and give them the25 27 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 tools, the Commissioner, the tools to2 carry out her mission. And so that's the3 genesis of this. And I want to work4 closely with -- I really didn't in the5 beginning want to work closely with -- it6 wasn't my natural calling, but because of7 your work and your staff's work and8 bringing me information and educating me9 on the issues, I'm making a commitment to10 work with DHS on all of its concerns and11 issues and challenges and successes too,12 because it's one of the most difficult13 jobs of any City department, and I14 recognize that more than ever.15 COMMISSIONER AMBROSE: And I16 just want to say we appreciate your17 partnership and your support, definitely.18
Thank you20 very much.21 Thank you, Councilman, for your22 concern and getting involved, and we know23 that you really care about young people,24 and I'm sure they have an appreciation25 28 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 for what we're trying to do here today.2 Thank you all very much. We're3 going to call you back after the next4 panel.5 We'll hear the next bill, Bill6 No. 110304, child abuse reporting7 ordinance, former foster child Kenyada8 Kitchen and Antonio McCaskill.9 (Witnesses approached witness10 table.)11
Good12 afternoon, and would you state your name13 for the record, please.14
Good afternoon,15 Chairwoman Tasco and members of the --16 excuse me; bear with me.17
And members of20 the Public Health and Human Services21 Committee. My name is Kenyada Kitchen22 and I'm formerly -- I was a former23 Philadelphia's foster care system. I24 thank you for the opportunity to testify25 29 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 on Bill 110304.2 I share this testimony with you3 in hopes of making it better for someone4 else, perhaps keeping another foster5 child from being abused. Personally, I6 was not physically or sexually abused,7 but I was verbally abused. However, many8 of my friends suffered from physical,9 sexual and verbal abuse while in the10 foster care system.11 I come here today to ask you to12 pass legislation that would allow13 children to have a childish life. What I14 mean by this, because we suffer abuse in15 the system, it robs us from our16 childhood. It steals from our dreams.17 Think about it. If someone18 verbally abused you, always calling you19 stupid and saying you will never amount20 to anything or talking about your mother21 and how she didn't want you, how do you22 respond to that? Do you move forward and23 go out and play or do you build a wall24 with anger, hurt, shame and25 30 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 embarrassment?2 I currently live in a house3 with youth who have aged out of foster4 care. Both roommates were physically5 abused and one was both physically and6 sexually abused. She was beaten with a7 broomstick if she even looked at her8 foster care mother wrong. She was made9 to feel worthless, as I was by the10 constant verbal abuse. Who could we11 call? Who could we tell? What rights12 did we have?13 When you're under the14 protection of the foster care system,15 they let you know that there is no16 tolerance for violence, sexual abuse and17 verbal abuse. When you're told these18 things, you feel safe, but nine times out19 of ten, based on what I've experienced20 and heard from my friends, this is not21 true.22 Remember, we already feel23 abandoned and rejected. This tolerance24 of no abuse is usually broken. The25 31 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 people who are charged with taking care2 of us do not follow the "no abuse" rule.3 Again, I can recall being a teenager and4 being verbally abused by staff members.5 Abusers are not only foster care parents;6 they also are staff members. I remember7 them telling me that I would never amount8 to anything and that I was going to be9 nothing in life and that I was going to10 die from AIDS because I was gay or11 homosexual. Those words went towards12 crippling my mind, thinking that these13 things were true. Only after I entered14 childhood did I start noticing how15 powerful I could be and how much other16 people's words could affect me deeply.17 They can hurt and damper one's18 self-esteem.19 I am here before you today to20 ask you to pass legislation that will21 perhaps save a child's life. Think about22 it. Your vote could impact the life or23 death of a child, someone who already is24 suffering emotionally because they feel25 32 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 they've been abandoned. They are2 confused, hurt and possibly angry, now to3 add to this physical or verbal abuse.4 Suddenly if I could have known -- if I5 would have known or had the opportunity6 to report my abuse, perhaps I wouldn't7 have suffered for as long as I did.8 I know that there are no legal9 remedies for verbal abuse, but if I had10 known that I had a right to be free from11 abuse, including verbal abuse, perhaps I12 could have had a happier childhood.13 Thank you for your time. I14 hope that you will vote in favor of Bill15 110304 today and when it comes before the16 whole body. I am happy to answer any17 questions.18
22 MR. 1 formerly in foster care. 6 The foster care system is an7 awkward and unhappy place to spend your8 childhood. 15 Abuse in the foster care system16 happens in many different ways and17 usually occurs in plain sight of staff,18 who may or may not participate directly19 in the abuse. Usually foster care do not20 have any knowledge of what abuse is or21 who you can contact if you are being22 neglected or abused within the foster23 care system. 14 I was physically, mentally,15 emotionally and verbally abused in a16 group home in Hazleton, Pennsylvania17 since the age of six years old. The18 staff emotionally abused me through my19 aspirations to reunite or at least20 reconnect with my mother. They used this21 as a mean-spirited opportunity to talk22 down to me about my mother, saying she23 disowned me because I was the worst and24 that I should never have been born. 9 I began creating a life for myself that10 matched the stories they told me. 16 I became a black hole. I used17 to be angry at the world. Anyone who18 would try to talk to me or be genuine,19 kind or loyal to me, I would have a20 pre-conceived notion that they didn't21 care about me and I wouldn't let them get22 close. 3 As I got older, I started4 having faint memories about my own5 mother. My behavior started to6 straighten up, and I started coping with7 the absence of my mother. But at this8 time, I was old enough to be restrained,9 and that's where the physical abuse comes10 in. 5 I recommend and ask you to pass6 this very important legislation that7 perhaps may keep another child out of8 therapy, the hospital, jail or, God9 forbid, the morgue. You may not10 recognize it or have experienced how it11 feels to be robbed of your childhood,12 your innocence and your dignity. 17 Today you have the power to18 prevent another child from becoming a19 statistic. 6
Thank you7 very much for your testimony.8 Councilman Jones.9
Some of the10 first encounters with some young people11 that have similar experience -- I'm12 choked up a little bit by hearing what13 you've had to endure, and on behalf of14 society, I offer my sincere apologies,15 and a sincere effort that we try and move16 forward and making sure that other young17 people don't have to go through what18 you've endured.19 A couple of questions, and20 either of you can answer this. Do you21 have brothers or sisters? Do you, and22 how many?23 MR. McCASKILL: I have one24 brother and three other sisters.25 39 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1
Are any of4 them or all of them in the system?5 MR. McCASKILL: No; just me.6
And your9 sister?10 In your experience, were you11 able to maintain contact with your12 sister?13
Were you16 able to have input about the care of your17 sister?18
Were there20 any problems similar to your experience21 with your sister?22
She didn't24 have problems?25 40 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1
She had problems,2 but it wasn't like geared towards I had.3 It was more behavior problems.4
Were there5 any issues expressed about where she was6 staying and with whom or -- is she older7 or younger?8
So let's10 reverse that. Did you ever express any11 concerns about where you were placed with12 her?13
Was she able15 to input on those concerns about where16 you were placed?17
So was she19 upset or concerned about her inability to20 impact her brother?21
And how did23 she deal with that frustration? What24 courses of action could she take at the25 41 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 time?2
Well, I think3 that with her, it was just more anger,4 and she would take all her frustration5 and things out on other people, but there6 was really nothing neither one of us7 could do to kind of persuade them for8 both of us to be with each other.9
Similarly10 with individuals I've had an opportunity11 to talk to who have gone through the12 system, that was a similar experience,13 and those are the reasons I asked those14 questions, that there was frustration15 even to the point where some of them had16 run away and had helped their siblings17 run away.18 One of the insights that I19 gained from the Commissioner's office is,20 you mentioned that you were in Hazleton,21 and one of the goals of the Department is22 to place more of the young people that23 are in the system within Philadelphia,24 which I think is a worthwhile goal,25 42 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 because it's nice to be in Hazleton and2 whether it's Stony Brook Lane or wherever3 it is, but if you're not near your4 support system, your family, and when you5 are able to make decisions for yourself6 and have greater awareness, it's good to7 be able to reconnect with your family8 members in a way that doesn't take four9 hours to do. To be able to on a weekend10 have an interaction and maintain those11 kinds of family connects that give both12 you strength to endure and input from13 siblings is an important part of14 interaction of a family. It is one thing15 to go through a thing by yourself; it's16 another thing to have to go through17 something without the input of your18 family, and I think this bill addresses a19 lot of that.20 Any other comments?21 (No response.)22
Thank you,25 43 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 Chairwoman.2 I'd like to thank you, Antonio3 and Kenyada, for your very thoughtful and4 meaningful testimony. I've had the5 opportunity to learn a lot in this job of6 being a City Councilman and to grow as I7 see in compassion and a bunch of other8 things that I see, different life9 experiences and different -- just people10 I get to meet, and this is certainly11 another one of those moments for me. So12 I want to thank you for that. Just it's13 clear that you had painful childhoods.14 It's clear that you're adults and you15 understand that it was wrong, and it's16 clear that you are going to try to make17 the world a better place because of that18 experience, and coming here and19 testifying today, I want you to know, you20 should be very proud of yourselves,21 extremely proud. So I want to thank you22 for that.23 I also want to say that this24 bill wouldn't be before you if I hadn't25 44 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 about nine months ago had a conversation2 with my legislative counsel, Stacey3 Graham, who is behind me. Stacey aged4 out of foster care herself, and I said to5 her, Stacey, take something you know a6 lot about, do something and work on it to7 come up with your own bill, come up with8 your own legislation, and Stacey started9 working on this. Before I knew it, she10 had talked to Commissioner Ambrose,11 talked to people in the system, come up12 with the Freedom from Abuse Rights, whole13 package. And so I'm just glad that I can14 be the Councilperson who gets to15 introduce really Stacey Graham's16 legislation to make foster care a safer17 and better place for children. And so18 I'm proud to be able to do that, too.19 This really is about educating20 children about the basic human right not21 to be abused. It's about informing22 children about what constitutes abuse23 through age-appropriate information and24 providing them with contact information25 45 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 to child protection professionals who can2 look at abuse. And it's really our hope3 that with continued collaboration with4 DHS and others, that we can make this5 system a better place for everybody, and6 thank you for your testimony today.7 (You're welcome.)8
Thank you9 very much, Councilman.10 I'd just like to ask both of11 you, did you have social workers and were12 you able to communicate with the social13 worker of your environment?14 MR. McCASKILL: I had a social15 worker, but, I mean, I got visited every16 four, about five years because I was so17 far out and the caseload was so hectic18 that she had, that I really didn't get19 enough contact with her and explain what20 I wanted, what I was grieving. And plus21 on top of that, with the case worker,22 when she did get to come out, I mean, I23 was so young, at the age of six, like you24 can manipulate a kid almost to where like25 46 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 you can give him certain -- how could I2 say -- like benefits for telling a lie,3 so that you can get them to stay out4 there. Because basically out there like5 when you're in DHS like for housing kids,6 like they have 52 kids in a group home,7 that's basically like a lot of money for8 you to keep them out there and keep your9 bed. So you get a certain stipend for10 that kid.11 So basically they manipulated12 me and told me that to say everything is13 fine, nothing is going on. And maybe14 they have raised my level one time, but15 they knew again and again I would act up,16 so that level would go back down maybe17 the next week. So I was experiencing a18 lot of that. And basically like I was so19 young, so I got manipulated a lot like20 verbally, saying that your mom didn't21 care about you. So I forgot about my mom22 and I probably -- I really didn't really23 care.24 So, I mean, I wasn't -- the25 47 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 meeting with my case worker was probably2 like three, four minutes, and that's not3 enough time to voice what should be going4 through her and how good --5
How long6 were you there?7 MR. McCASKILL: I was there8 from -- actually, like a little bit9 before six, like five and a half to 16,10 almost 17. So ten years.11
So you12 spent your whole life in Hazleton in this13 group home with 52 other children?14 MR. McCASKILL: Yes.15
How many16 staff members were there?17 MR. McCASKILL: About like 26,18 and it was like -- it was an RTF.19 Basically I went to school off grounds,20 but at the end of the day, I had to come21 home to the group home. And it wasn't no22 cops. It was just like if you flipped23 out, like a needle in your behind, and24 you'd go to sleep -- or a restraint.25 48 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 Like I got a broken arm once, a broken2 collar bone from a restraint. I got3 slammed through a table. I went through4 a lot of abuse in that place. And5 because the staff were particularly so6 close, it was a tight-knit group there7 and they worked so long, some staff was8 married in the group and stuff like that,9 so it was a lot of secrets there. It was10 a lot of just shady stuff going on, them11 hiding my clothes. My mom was sending me12 clothes up there and a bunch of letters.13 When I got home, my mom said she sent me14 over like 400 letters. I only got two15 letters. My brother was sending me16 clothes, like the newest fashions and17 stuff, and they was given to other kids.18 And I know that sometimes I would go in19 there and notice that some of the20 sneakers wasn't like of that -- like21 their kind that they had up in Hazleton,22 but I never would have thought about it,23 because I had no knowledge. I was always24 wearing second-hand stuff while people25 49 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 was getting the top line stuff. I2 wouldn't take heed to it. So it was a3 lot of them lies and deceits and people4 always taking advantage of me up there.5
I've always had8 social workers and child advocates, and9 I've noticed that the only time I got to10 see my social workers were basically kind11 of like the day before court, before we12 would go like -- so it would be like six13 months to a year, depending on if they14 were switching me to another placement or15 not. But mostly it would be the social16 workers were against mine once we got in17 front of the staff members, and when you18 say certain things, they'll kind of like19 push it down or act like it doesn't20 matter because it's coming from like the21 child. And most of the time in my cases,22 they would just kind of push it away and23 just, you know -- and I would just feel24 like I just couldn't bring it up again,25 50 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 because it was something that I felt2 everybody agreed with and how it should3 be. So with me, that's kind of how it4 was. And I felt like the child advocate5 will always stick up for me, but it would6 be our word kind of against theirs and7 they can't say but so much, because it's8 kind of usually a whole team with them,9 with the agency.10
Are you11 still dealing with that agency,12 Commissioner?13 COMMISSIONER AMBROSE: We are14 trying to figure out -- what was the15 agency?16
What was17 the agency?18 MR. McCASKILL: It was United19 Charities Children's Fund.20 COMMISSIONER AMBROSE: No. I'm21 pleased to say we don't have a contract22 with them.23
Who was24 it?25 51 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 MR. McCASKILL: United2 Charities Children's Home.3
Councilman7 Jones.8 And let me recognize9 Councilwoman Brown now, who makes our10 quorum, and after Councilman Jones,11 you --12
Just real13 quick. We're swearing you guys in as14 junior Councilpeople right now. If there15 were three changes you would make to the16 system, what would they be?17 MR. McCASKILL: I would say18 more continuity. I wouldn't say like --19 yeah, I would say more continuity between20 the case workers and the children. I21 know the case worker can only get ever so22 close to the kid without breaking their23 professionalism, but at the end of the24 day, like a lot of -- I know there's a25 52 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 lot of good case workers in DHS and I2 know their job is extremely hard to get3 things across without breaking their4 professionalism. You would want to go5 past that boundary and help that kid even6 more, because you know you can't because7 that professionalism, you always got to8 keep it there with the kid, and at the9 end of the day, it's business. So I10 would feel that would be one.11 Another one would just12 basically -- I mean, just take the kid's13 word as more of a staple of what they14 want to do. So say if I wanted to go to15 school out Temple or something like that16 and the agency was like, No, I don't want17 you to go do that or this and that and18 the other thing. I mean, at the end of19 the day, it's the kid's life, not yours.20 So I feel as though you should do what21 you want, regardless within -- with your22 life.23 And the third one, I would say24 more background checks on the staff25 53 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 itself, because the staff -- like you're2 putting our lives, the youth lives, in3 the hands of the staff, and basically4 when you get placed out there so far like5 I was, I mean, it was a lot of continuity6 between staff. Like I said, a lot of7 them was in marriage and stuff like that.8 So a lot of secrets didn't get out and a9 lot of stuff happened to me because it10 was a tight-knit group.11 Just more of an investigational12 thing, I would say, because it goes on a13 lot and it's a lot of -- half the case14 worker stuff that really -- they wouldn't15 look at in the visit, like probably more16 of the surrounding settings, where the17 kids sleep, have them go upstairs, like18 give them more, I mean, access to19 different stuff within that. So, yeah.20
What are22 you doing now?23 MR. McCASKILL: Who, me? I24 work for the Juvenile Law Center. I'm a25 54 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 youth advocate. I travel to different2 places, like Harrisburg, change different3 rights within the foster care system.4 I'm currently in Community College. I'm5 going to try to get my Associate's in6 nursing. So I'm trying to fix my fastest7 so I can go for that.8 I'm trying to just do different9 stuff, get my summer internship, a paid10 summer internship. I'm trying to get my11 own house again. So I'm just trying to12 get my life back in order.13
Right now I just16 finished up a program at the Wharton17 School of Business and I'm working on18 developing a business, being an19 entrepreneur, which is fashion design.20
Good.21 Councilwoman Brown would be interested in22 that.23 We recognize her.24
Good25 55 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 afternoon, gentlemen. Let me first thank2 Councilman Bill Green for this bill, and3 I believe Councilman Jones was4 co-sponsor. It's obvious that many of us5 on City Council care about what's6 happening with our young people, and DHS7 has made enormous strides in making8 systemic changes so that -- because your9 stories can probably be multiplied a10 thousand times over. So that needs to be11 put on the record first.12 I was going to ask the question13 what are you doing now, because many of14 us are well aware that too many of our15 kids age out the system and never, ever,16 ever find what you two have done, a17 center-place where you can get your life18 where you want it to be.19 To Commissioner Ambrose, my20 follow-up question on this agency is, how21 long have they been let go and what22 signals or red flags have been put in23 place systemically to capture agencies24 like this that put our kids at that kind25 56 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 of risk?2 (Witness approached witness3 table.)4 COMMISSIONER AMBROSE: Good5 afternoon. Anne Marie Ambrose,6 Commissioner, Department of Human7 Services.8 I'm actually not sure what9 agency Antonio is talking about, but10 we'll debrief with him after. We don't11 have a contract with that agency and we12 haven't since I've been Commissioner, nor13 do I know of that name through my14 experience as a child advocate either.15 So I'm going to have to check into that.16 The safeguards that we've put17 into place are more intensive contract18 monitoring, which are program analysts19 going out and visiting our agencies at20 least every six months and doing a21 thorough review of the cases. Since I've22 been Commissioner, we now include talking23 to children alone instead of when staff24 are there and talking to staff separately25 57 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 as well, so we can include a qualitative2 analysis into our review of the programs.3 Additionally, if there's a4 concern, if we know of a concern, then we5 do a special review of those providers6 when there's a concern. So we have a7 special investigation unit within our8 monitoring program.9 Additionally, what I would say10 is, it is heartbreaking to me that11 Antonio would go years without a visit,12 and so one of the things that we've13 recently implemented actually in July of14 last year is monthly visits are required15 for all of our children in any type of16 placement setting or any home situation.17 Additionally, the older youth18 units, with both of these gentlemen,19 inform the Department about what we20 should be doing in the development of our21 older youth units, have tried to create22 the role of a mentor instead of a case23 worker. As Antonio described, that case24 worker for older youth should be in a25 58 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 different position, have a smaller2 caseload and really be able to talk to3 the youth about what are their goals, how4 can we get them on the right track and5 really use their voice to inform the case6 planning process. Instead of everybody7 always telling them what's going to8 happen for them, they need to have a9 voice in their future and have some10 direction in where things go.11 So the system has many, many12 problems. I think we've made some13 incremental improvements, but we14 certainly have a long way to go.15
Thank you18 very much.19 Any other questions?20 MR. McCASKILL: I have a21 concern. About the group home, my mom --22 like before I was even put into the group23 home, I was investigated by DHS, like I24 was cleared. That was by like the age of25 59 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 three or four. And after that, like my2 mom started calling like at the age of3 five, like my mom started calling around4 group homes, like literally calling group5 home, and they found United Charities6 Children's Home out Hazleton, PA and7 these two people came down to get me. I8 wasn't referred to there. So I wasn't9 referred to there by DHS, and I guess the10 people from that group home went and did11 everything to get me referred there. So12 I was there for like a couple months13 without being referred and they wasn't14 getting any type of stipend or anything15 for me. So I could say that.16
Thank you18 both very much for coming in to testify19 and thank you for your work, Mr. Fashion20 Designer and Antonio, and trying to help21 better the system, too. But good luck22 with both of you in what you're trying to23 do. We appreciate it.24
Thank you.2 Next, Ms. Ambrose, you want to3 stay here. You and Brandon Stokes,4 Philadelphia Youth Commissioner, are5 next.6 (Witnesses approached witness7 table.)8
Good afternoon,9 Councilwoman Tasco and all members of the10 Public Health and Human Services11 Committee of City Council. My name is12 Brandon Stokes and I am a Youth13 Commissioner on the City's Youth14 Commission.15 As you know, the Commission16 aims to represent the voices and views of17 the more than 300,000 youth and young18 adults across our great city. I19 appreciate the opportunity to address you20 this afternoon concerning the Youth21 Commission's support of Council Bill22 110304.23 As a child growing up, I was24 physically abused at the hands of my25 61 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 stepfather, so I know just how far a bill2 like this, if passed, would go towards3 reducing the level of continued abuse of4 children, but I had to learn another way5 that abuse was not right. That way came6 by my teachers noticing certain marks or7 swellings on me. Sometimes it was the8 blood that had dried from my cuts or9 welts from whippings from other nights.10 My teachers would then call the11 Department of Human Services, and a12 social worker would pull me out of class.13 She would then proceed to ask me a range14 of questions, such as family composition,15 discipline styles of both parents, but16 she never once told me that I didn't have17 to be abused or that the abuse I was18 subjected to was not my fault. A bill19 like the Freedom from Abuse Rights is20 long overdue.21 It is my belief that the22 passage of this bill will empower abused23 children to be more proactive in seeking24 intervention and protection from their25 62 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 abusers. This legislation will also2 inform children that abuse is not right3 and, perhaps equally as important, that4 it is not their fault that they are5 victims of abuse. This is the first step6 in preventing and/or stopping abuse, a7 step that I encourage Council to take8 today.9 I make one additional request10 of Council today, and, that is, to11 broaden this legislation to distribute12 the pamphlet proposed by Freedom from13 Abuse Rights anywhere children are, be it14 recreation or community centers, public15 libraries, school health classes,16 religious groups, churches, synagogues,17 mosques that serve youth groups. While18 FAR takes an important first step to19 empower children who are vulnerable to20 subsequent abuse, there is much more that21 can be done through community outreach22 and information campaigns to prevent the23 first occurrence of abuse from ever24 happening. Only then can we change the25 63 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 story about child abuse.2 Again, on behalf of the3 Philadelphia Youth Commission, I urge, we4 urge the passage of Council Bill 110304.5 We applaud Councilman Bill Green, DHS6 Commissioner Anne Marie Ambrose and all7 others involved with this legislation for8 their leadership on this issue.9 I am pleased to answer any10 questions you may have.11
Thank you12 so much for your testimony. We certainly13 thank the Youth Commission for their14 continued participation in legislative15 issues that are brought before the City16 Council. I see Mr. Harris is back there.17 He's the Director of the Youth Commission18 and really keeps you all involved, and19 thank you for your testimony. I20 appreciate it very much.21 We'll have Ms. Ambrose speak22 and then we'll ask questions.23 COMMISSIONER AMBROSE: Good24 afternoon. My name is Anne Marie Ambrose25 64 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 and I am the Commissioner of the2 Department of Human Services. DHS3 currently provides services to 22,6284 children. Of these, 43,043 are in foster5 care, 782 families are receiving services6 in the home and 24,713 families receive7 community-based prevention services.8 Each year, DHS does approximately 1,3009 child abuse investigations and10 assessments. We are the largest county11 child welfare agency in the Commonwealth.12 I am here today because I13 believe that all children have the right14 to be free from abuse, and I am here15 today to support the goals contained in16 Councilman Green's ordinance, the Freedom17 from Abuse Rights legislation, to inform18 children and youth of their rights to be19 free from abuse and to prevent child20 abuse.21 As we all know, the center of22 Pennsylvania's child welfare system are23 children. There are many others who are24 dedicated to serving the best interests25 65 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 of children, the parents, caregivers,2 case workers, providers, the courts.3 However, it is critical that children4 themselves are informed about their5 rights in foster care as well as their6 rights to be free from abuse.7 While children in foster care8 are some of the most vulnerable members9 of our community, they can also be their10 own best advocates if they have a full11 understanding of the system. It is for12 this reason that DHS has embraced the13 recently passed state law, the Children14 in Foster Care Act. This new law15 requires DHS and other county child16 welfare agencies to provide children who17 are entering foster care with information18 about their rights while in foster care19 and process of filing a grievance if20 their rights have been violated. This21 includes the right while in foster care22 of freedom from harassment, corporal23 punishment, unreasonable restraint and24 physical, sexual, emotional or other25 66 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 abuse.2 Councilman Green's ordinance3 takes this concept one step further in4 that it requests DHS to also provide5 children who are subjects of6 substantiated child welfare7 investigations as well as those children8 who are in foster care with more detailed9 definitions about what physical, mental10 and sexual abuse is. The goal here is to11 give children and youth additional12 information so that if they are subjected13 to abuse, they will know what is wrong14 and that they can get help to prevent it.15 We at DHS support these goals.16 DHS believes that providing17 children and youth with information is an18 important component of preventing abuse,19 but our work does not stop here. DHS20 partners with schools, medical providers,21 community-based organizations and others22 to get the word out that we all have a23 role in preventing child abuse and24 reporting it when it occurs. Public25 67 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 education is a core aspect of our2 prevention work. And where children do3 experience child abuse, where4 appropriate, we engage parents to provide5 supports to improve their parenting6 skills and prevent abuse from occurring7 again.8 I look forward to working with9 City Council to help ensure that all of10 Philadelphia's children are safe.11
Thank you12 very much.13 Councilman Green, do you have14 any questions?15
No. I just16 want to thank the Commissioner for17 working with my office and Stacey over18 the last several months to get to the19 point where we're at. There's been a lot20 of meetings and a lot of cooperation with21 your office, and thank you very much.22 COMMISSIONER AMBROSE: She's23 been great to work with.24
Thank you25 68 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 very much.2 Any questions?3 (No response.)4
Thank you5 so much for your testimony and for taking6 time to come down. I'm sorry that you7 had to go through that. But you seem to8 be a fine young man right now.9
Thank you.11 Just don't pass it on. Thank you.12 Our next panel will be Maria13 McColgan, Dr. Maria McColgan, Chris14 Kirchner and Michael Stinson.15 (Witnesses approached witness16 table.)17
Would you21 state your name for the record and begin22 your testimony.23 DR. McCOLGAN: Maria McColgan.24
DR. Good afternoon. Thank you for4 the opportunity to testify in regard to5 the Freedom from Abuse legislation, Bill6 No. 110304. I'm Dr. Maria McColgan. 12 Each year at the Child13 Protection Program at Saint Christopher's14 Hospital for Children we see over 50015 children who are suspected victims of16 child abuse and neglect. 1 consequences such as mental illness,2 risk-taking behaviors and mental health3 consequences. In the United States, the4 estimated annual financial burden of5 child abuse and neglect is $104 billion6 in indirect and direct costs. 11 The mission of Prevent Child12 Abuse Pennsylvania is to prevent child13 abuse and neglect for all children in14 Pennsylvania before it occurs. Child15 abuse prevention is possible. That's why16 Prevent Child Abuse Pennsylvania is17 teaming up with various agencies18 throughout the state to make child abuse19 prevention a priority. 1 There's no doubt that all2 children have a right to be free from3 child abuse and neglect. 6 Children in foster care, as you know, are7 particularly vulnerable. As a child is8 placed into foster care in an effort to9 keep them safe when there's no10 alternative, that's when they are most11 needy of protection. 14 One step that we can take is to15 empower children with knowledge. Many16 children feel powerless to protect17 themselves. 22 Children must know what abuse is, and23 they must know what to do if they feel as24 if they're in danger. 1 often do not know who to trust must know2 that there are many adults in3 Philadelphia like yourselves who are4 ready and able to help them. 6 That's why I'm here to ask your7 support of Councilman Green's ordinance8 which recommends that DHS provide9 detailed, age-appropriate information to10 children regarding the right to be free11 from abuse, with specific information on12 definitions of "abuse" and who to contact13 if the rights are violated. 17 But remember, this is just one18 step in many steps that remain to be19 taken. 7 In addition to your support8 today for the Freedom from Abuse Rights9 legislation, I hope that you will10 continue to support efforts to protect11 every one of our children. 18
Thank you19 very much for your testimony. We20 appreciate the work that you all are21 trying to do and for your advocacy.22 DR. McCOLGAN: Thank you.23
Chris24 Kirchner.25 74 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1
Sure. I don't2 have any formal remarks. I apologize.3 I'm sort of here for emotional support,4 but I just wanted to say as the Director5 of the Philadelphia Children's Alliance,6 we partner with DHS and the Police7 Department to do coordinated child sexual8 abuse investigations in our facility9 right around the corner, and I was here10 this morning speaking about our11 co-location initiative that we're working12 on to further improve collaboration on13 these important cases.14 But I just wanted to say that15 when I met with Stacey and heard her16 story and looked at her proposal, I just17 thought this seems like such common sense18 and it seems like something that we19 should have been doing a long time ago.20 We absolutely need as many tools as21 possible to protect our kids, to prevent22 them from being abused, and telling them23 that they have the right to be free from24 abuse seems like a logical tool to use in25 75 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 our efforts to protect them.2 So I just wanted to come to3 support this bill and to go on record as4 in favor of moving forward with this5 ordinance.6
Well,7 thank you very much. We appreciate that.8 Mr. Stinson.9
Thank you. My10 name is Michael Stinson. 15 I'm the Director of Prevention Services16 for the Joseph J. Peters Institute in17 Philadelphia. For those of you who18 aren't familiar with JJPI, what we do,19 JJPI has been in Philadelphia since 195520 and we started out as a prison program21 for convicted sex offenders. 1 also offenders. So it's both ends of the2 spectrum. My job is community outreach,3 to take the idea that child sexual abuse4 is preventable, out into the community to5 give people in the community a platform6 where they can talk about the issue of7 child sexual abuse. 20 The lives of millions of children21 nationwide are profoundly affected by the22 experience of child abuse. 1 often repetitive and escalating in2 intensity. Domestic violence and abuse3 disproportionately impact children by4 creating more trauma-sensitive response5 patterns. 8 They experience the impact and live9 through the aftermath. They absorb all10 of the emotions without the ability to11 process them. They learn from example12 and behave by exposure. Whether13 biological or non-biological family14 members, children have little access to15 resources to end the abuse and even fewer16 rights to oppose their offenders. 19 In my experience with20 communities in Philadelphia, one of the21 biggest issues that continues to22 perpetuate child abuse, particularly23 child sexual abuse, is the lack of24 realistic and usable resources. 1 focused on adults, adolescents or2 children, the lack of resources that3 effectively work to end abuse and start4 the transition to healing from abuse are5 in short supply. Children most often6 rely on adults to trigger an action that7 leads to the end of abuse, but if the8 offender is that adult, children must9 either bear that burden of abuse or hope10 that someone will notice the behavior and11 intervene. 16 I would like to applaud17 Ms. Stacey Graham and Councilman Green18 for their direction in this effort on19 behalf of child abuse prevention and20 intervention in Philadelphia. 22 It's a process rather than an individual23 action. 1 children, consideration of FAR gives us2 an opportunity as a community to look at3 what we've done so far and where we need4 to go. I think that a lot of people look5 at child sexual abuse prevention efforts6 as one and done. Here's a program,7 someone is working it, I guess I don't8 have to be involved. For those of us who9 see it and experience it firsthand, we10 know it is a process. 13 Working together, we're on the right14 track. 19
Thank you20 very much.21 Let me just ask you a question,22 because the whole issue of child abuse23 has been discussed for many, many years,24 and have you seen a decrease with this25 80 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 whole openness and information about2 child abuse, have you seen a decrease in3 child abuse, whether sexual or just plain4 physical abuse?5
From the6 experience that I have and working at7 JJPI, I don't see that there's been any8 reduction in the number of cases. They9 flow through the course of the year.10 There's ups and downs.11 We do a public health education12 campaign, but it has a PSA attached to13 it, and when that information floods out14 into the community, there are more cases15 after that that are reported, because16 people get an idea that, wow, there's17 something out there, I never knew maybe18 that that behavior that I was directing19 towards children or somebody else is20 sexually abusive behavior.21 I think that when you go out22 into the community, people want to talk23 about the issue, but they just don't have24 a platform to say the things that they25 81 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 want to say or to ask the questions that2 they want to ask. The program that I3 have that goes out into the community is4 that platform for people. It gives them5 that voice.6
Doctor,7 how about you?8 DR. McCOLGAN: There's several9 studies recently. National studies show10 that child sexual abuse affects one in11 three to four women before the age of 1812 and one in six boys before the age of 1813 and that physical abuse affects anywhere14 between one and four to one and nine15 children before the age of 18, and we16 know that neglect are even higher17 numbers.18 Recent studies of child abuse19 maltreatment reports and substantiated20 cases have shown a decline in all types21 of abuse, particularly sexual abuse.22 However, there's a lot of debate on what23 those numbers really mean, is it a true24 decrease in the amount of abuse or is it25 82 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 a change in the way we are substantiating2 cases and treating cases. So there is a3 lot of debate.4 I too can say that I have not5 seen a decline in cases and actually have6 seen an uptick in the past couple years7 with the recession and are very steadily8 busy ever since then.9
And we track10 pretty closely the number of reports of11 alleged sexual abuse that DHS gets, and12 we've been tracking that since 1992, and13 in the '90s, I think we were at our peak14 of about DHS receiving 160 to 18015 allegations of sexual abuse every month16 to investigate, and in 2010, the average17 was 130 reports, similar to 2009, which18 was close to 140. So it looks like some19 of our reports are down slightly in20 Philadelphia. It's still a startling21 number, 130 reports a month. And those22 are reports. I think some of the23 controversy that Dr. McColgan refers to24 is reports of sexual abuse across the25 83 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 country may be down slightly, but is2 incidence down. And no one is quite sure3 if incidence is down or not.4 DR. McCOLGAN: And there's also5 many cases that never get to the point6 where they're reported, because children7 keep it silent for so long, and this bill8 would allow children to have a voice9 because they would have a person that10 they could contact when they have no11 other option.12
Thank you13 very, very much for your testimony and14 taking time to come out, and we15 appreciate it. Thank you.16 DR. McCOLGAN: Thank you very17 much.18 Thank you, Stacey and19 Councilman Green.20
We have21 one last panel. Wendy Aguirre and Shelly22 Yanoff.23 (Witnesses approached witness24 table.)25 84 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1
Good afternoon.2 My name is Wendy Aguirre. I'm the3 Executive Director for CASA, which is4 Court-Appointed Special Advocates of5 Philadelphia County. At CASA, our staff6 and volunteers work hard to make lives7 better for our City's abused and8 neglected children.9 We currently are working10 with -- our volunteers are currently11 working with 140 children that are placed12 in the foster care system, and they13 donate approximately 700 hours per month14 to advocate in Family Court on behalf of15 these children. They ensure that their16 placement, education, health and their17 well-being needs are met and that their18 voices are heard.19 CASA supports Bill No. 11030420 as yet another way to inform children of21 their rights and to educate them about22 child abuse prevention while they're in23 the child welfare system.24 And I want to thank you and25 85 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 thank Councilman Green and Stacey for --2 just to express our support for this3 bill. I think it's great, and I'm happy4 to answer any questions you might have.5
Hi. Shelly9 Yanoff, Executive Director of Public10 Citizens for Children and Youth.11 We've heard very emotional12 testimony today and there's little that I13 can add, except that we support the bill.14 And I just want to just note that15 children often feel not listened to. I16 took particular enjoyment in hearing the17 young man from the Youth Commission. We18 worked real hard to get kids on to a19 commission that's talked about that they20 had rights, and I think that it's really21 important that we understand that it's22 not just children who are in the welfare23 system, who are in foster care, but all24 children have the right to be free from25 86 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 abuse, and they should understand what it2 is and to have some procedure that they3 know that they can follow, some person4 they can contact when they think they've5 been abused.6 So we certainly support the7 bill. Thank you, Councilman, and thank8 you for doing this, and that's all.9
Thank you10 for taking time to come out and testify.11 I understand Stacey is the12 moving party on this piece of13 legislation. You're getting all the14 accolades today, and I'm certainly sure15 that your heart was in this, and we thank16 you for bringing it to our attention,17 moving to take some action to help18 children and to help families. So thank19 you very much.20 Councilman Green.21
Thank you.22 Before you are a couple of amendments,23 which are technical amendments requested24 by the Administration and the Law25 87 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 Department, which we are perfectly happy2 with. I will note for the record that3 prior to introduction of the bill, we did4 work hard with the Administration and the5 bill originally encompassed every child6 under DHS's care, and that would have7 meant that people for whom a neglect8 report is given and investigated would9 have been given the FAR warnings even if10 they stayed in their home or other11 things. We, at the request of the12 Administration, took that provision out13 and now it's just children in DHS's care14 or foster care. So DHS's care in the15 sense that there's a substantiated abuse16 report, they can then get the FAR17 warning. Or they're in foster care18 itself, they get the FAR warning, every19 child.20 We're hopeful to sort of see21 what kind of impact this has, and if it's22 proving to be worthy, we may look at23 trying to expand the number of people24 that DHS would be required to give this25 88 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 warning to. Of course, they could do so2 voluntarily if they chose to by3 regulation.4 Thank you, Madam Chair.5
Thank you6 very much.7 Thank you for your testimony.8 That ends our hearing on these9 bills. We will now go into our public10 meeting. And we will hold Bill 110346.11 That will be recessed until Tuesday, June12 7th at 2:00 p.m.13 The Chair calls on Councilman14 Jones to report out Bill 110374.15
Thank you,16 Madam Chair. I make a motion to report17 out Bill No. 110374 with a favorable18 recommendation, that the rules of Council19 be suspended, thus allowing the next20 reading at our scheduled meeting.21 (Duly seconded.)22
Thank you.23 It has been moved and seconded that Bill24 No. 110374 be reported out of Committee25 89 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 with a favorable recommendation and that2 the rules of Council be suspended so this3 bill can be heard at Council's next4 session.5 All in favor will say aye.6 (Aye.)7
And let me11 recognize Councilman Kenney, who has12 joined us. That creates a quorum.13 The Chair recognizes Councilman14 Kenney for Bill 100755.15
Madam16 Chair, I move that Bill No. 100755 be17 reported out of this Committee with a18 favorable recommendation and a request19 for rules suspension to allow for first20 reading at our next Council session.21 (Duly seconded.)22
It has23 been moved that Bill 100755 be reported24 out of Committee with a favorable25 90 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 recommendation and that the rules of2 Council be suspended so this bill can be3 heard at Council's next session.4 All in favor will say aye.5 (Aye.)6
There10 being none, this motion is carried.11 The Chair recognizes Councilman12 Goode on the amendment to Bill 110304 as13 presented.14
Thank you,15 Madam Chair. I move that the amendment16 to Bill No. 110304 be approved.17 (Duly seconded.)18
It has19 been moved and seconded that Bill 11030420 as amended -- that the amendment for Bill21 110304 be adopted.22 All in favor will say aye.23 (Aye.)24
Any25 91 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1 opposition?2 (No response.)3
There4 being none, the amendment is adopted.5 Now, Councilman Goode, we call6 on you to report Bill 110304, as amended,7 out of Committee.8
Thank you,9 Madam Chair. I move that Bill No.10 110304, as amended, be reported out of11 Committee with a favorable recommendation12 and the rules of Council be suspended so13 as to permit first reading at our next14 Council session.15 (Duly seconded.)16
It has17 been moved that Bill 110304, as amended,18 be reported out of Committee with a19 favorable recommendation and that the20 rules of Council be suspended so this21 bill can be heard at Council's next22 session.23 All in favor will say aye.24 (Aye.)25 92 6/1/11 - PUBLIC HEALTH - BILL 110304, ETC.1
There2 being no opposition, the motion is3 carried, and this Committee is4 recessed -- well, this Committee is5 adjourned until the call of the Chair.6 Thank you.7 (Committee on Public Health and8 Human Services adjourned at 3:45 p.m.)9 - - -10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on June 1, 2011 and that this7 is a true and correct transcript of same.8 9 10 11 12 --------------------13 MICHELE L. MURPHY14 RPR-Notary Public15 16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25