Public Hearing - February 9, 2012

    


       1      JOINT HEARING BEFORE THE NEW YORK STATE
              SENATE STANDING COMMITTEE ON SOCIAL SERVICES
       2      AND
              SENATE STANDING COMMITTEE ON CHILDREN AND FAMILIES
       3     -----------------------------------------------------

       4                       FORUM/TOWN HALL:

       5        HUMAN SERVICES FORUM ON THE CURRENT AND FUTURE
                     ISSUES AND CONCERNS OF HUMAN SERVICES
       6             ADMINISTRATORS, ADVOCATES AND CLIENTS

       7     -----------------------------------------------------

       8

       9                       Monroe County Administration Bldg.
                               4th Floor, Legislative Chamber
      10                       Rochester, New York

      11                       February 9, 2012
                               1:00 p.m. to 3:00 p.m.
      12

      13

      14      PRESIDING:

      15         Senator Patrick M. Gallivan
                 Chairman
      16         Senate Standing Committee on Social Services

      17         Senator Diane J. Savino
                 Chairwoman
      18         Senate Standing Committee on Children & Families

      19

      20      SENATE MEMBERS PRESENT:

      21         Senator Joseph E. Robach

      22

      23

      24

      25







                                                                   2
       1      SPEAKERS:                             PAGE QUESTIONS

       2      Jacqueline Cady                         10      17
              Member
       3      Rochester Early Childhood Initiative

       4      Mark Wickham                            22      32
              President & CEO
       5      Catholic Family Center

       6      Ann Marie Cook                          39      47
              President & CEO
       7      LifeSpan

       8      Rebecca Case Grammatico                 52      67
              Senior Attorney
       9      Empire Justice Center

      10      Jean Carroll                            70
              President & CEO
      11      YWCA

      12      Lydia Rodriguez                         70
              Recipient of YWCA Services
      13
              Clyde Comstock                          86      97
      14      Chief Operating Officer
              Hillside Family Agency
      15
              Tim Weider                              98     106
      16      (position not announced)
              Neighborhood Consortium for
      17         Youth Justice

      18      Garth Freeman                          110     119
              Youth Transition Co-Coordinator
      19      CJ Mollis [ph.]                        110
              Speaker
      20      Malika                                 110
              Speaker
      21      Trisha Glykoff [ph.]                   110
              Speaker
      22      Monroe County Runaway Group Continuum

      23      Dan Ross                               127
              Chair
      24      Children's Agenda

      25







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       1      ALSO IN ATTENDANCE:

       2      Luis Burgos
              Commissioner
       3      Recreation and Youth Services

       4      Valerie Snipe
              Program Officer
       5      United Way of Greater Rochester

       6      Alisa
              (no position denoted)
       7      Hunger Solutions of New York

       8      Kelly Harris
              Director of Administration
       9      Alzheimer Association

      10      Kelly Bartle
              (no position denoted)
      11      Rochester County Youth Bureau

      12      Elizabeth Reyes
              (no position denoted)
      13      Rochester City School District,
                 Homeless Teen Program
      14
              Linda Beaty
      15      (no position denoted)
              Carol Jackson Ray
      16      (no position denoted)
              Rochester City School District
      17
              Bill Gutschow
      18      Program Manager
              Salvation Army's Genesis House
      19
              Several other speakers; no names provided
      20

      21                           ---oOo---

      22

      23

      24

      25







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       1             SENATOR ROBACH:  Okay, good afternoon,

       2      everybody.

       3             Thank you, everyone who is here, and those

       4      who will be giving testimony.

       5             I am Senator Joe Robach, and I'm very happy

       6      that we're having this hearing, and allowing people

       7      in Rochester to put in their comments, testimony,

       8      on the Governor's budget.

       9             I see several people in the room who have

      10      already contacted me via e-mail, or other ways,

      11      regarding proposals of the executive budget.

      12             But, I do want to both, introduce, and thank,

      13      think my two colleagues.

      14             First, Senator Pat Gallivan, the Chairman of

      15      the Social Services Committee, and,

      16      Senator Diane Savino, the Chairwoman of Children and

      17      Families Committee, for taking the time, to not only

      18      come here to Rochester, which I personally

      19      appreciate on behalf of everyone in this region that

      20      provides vital services; but, also, they've been

      21      going around the rest of the state, and I think this

      22      is very important, to give people the opportunity,

      23      firsthand, to chime in, put their comments on the

      24      record.

      25             Obviously, this is a very, very important







                                                                   5
       1      part of the budget.  It impacts young and old

       2      alike.  There are programs that can, not only impact

       3      individuals greatly, but, really, our entire

       4      community.

       5             So, we're happy to have this, and do that.

       6             So, with that, I will turn it over to

       7      Senator Gallivan, who will give you a little bit of

       8      an outline of how we're going to proceed, and move

       9      forward and get right to the testimony.

      10             Thanks again for being here.

      11             SENATOR GALLIVAN:  Thank you, Senator.

      12             Good afternoon, everybody.  Thank you for

      13      being here.

      14             As Senator Robach had mentioned, I chair the

      15      Senate Committee on Social Services, and

      16      Senator Savino chairs the Senate Committee on

      17      Children and Families.

      18             And we have held hearings in different

      19      parts of the state, to try to learn a little bit

      20      more about the issues that you're facing.

      21             Certainly, when we see the realities of the

      22      economic downturn, we know that we have seen an

      23      increase in need for human services, and at the same

      24      time, demands on the various human-service agencies,

      25      in a time when State government has cut its budget,







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       1      and everybody is looking for more and more

       2      resources: financial resources, people resources,

       3      and others.

       4             So, we'd like to focus in two different

       5      areas.  We've tried to use this as an opportunity.

       6             We started in New York City.  We were in

       7      Albany.  We have a forum scheduled in Buffalo as

       8      well.

       9             And then, of course, we're meeting with

      10      numerous people that -- out in our districts, and

      11      that come to the Capitol to relay their concerns.

      12             The Governor has come out with his budget.

      13      I'm sure many, if not all, of you are keenly aware

      14      of what's been proposed.

      15             We're interested in hearing your thoughts

      16      about the budget:  How it impacts your agencies.

      17      What you think we may be able to do to help, knowing

      18      full well that we don't have a blank check to be

      19      able to write, unfortunately, for many of you, and

      20      the good work that you do.

      21             In addition to that, though, we're looking --

      22      we know that legislation impacts your daily -- the

      23      things you do on a daily basis.  And that there may

      24      be regulations, that if you can bring up, that we

      25      might be able to deal with the specific agencies







                                                                   7
       1      that fall under the executive branch, and either,

       2      push, or through legislation, have an impact on

       3      that, that can help you.

       4             So, you needn't confine it to just the

       5      budget.

       6             Our two committees are closely tied

       7      together, and that's why we're both here.  A lot of

       8      the things that might start within Social Services

       9      spill over to Children and Families, and vice versa.

      10             So, we work very closely together, in both --

      11      in all of these different areas, and really are

      12      committed to trying to help.

      13             The specific help, that's really for you to

      14      bring some of the things up that we can take to

      15      Albany.

      16             But with that, and before we get started,

      17      I'll turn it over to Senator Savino.

      18             And, thank you all again for being here.

      19             SENATOR SAVINO:  Thank you, Senator Gallivan.

      20             I also want to thank Senator Robach for

      21      hosting us here in Rochester.

      22             I'll be brief, because we really want to hear

      23      from you, as opposed to listening to the three of

      24      us.

      25             As Senator Gallivan said, this is the third







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       1      in a series of roundtables we've done outside the

       2      State Capitol.  We want to kind of bring the Senate

       3      to the people.

       4             Last year, many of those of you in this room,

       5      and organizations like yours around the state,

       6      were invaluable in guiding us through the budget

       7      process.

       8             Last year's budget was brutal.  It was a

       9      $10 1/2 billion deficit that we had to close, and a

      10      lot of those cuts directly affected programs that

      11      you all work in and care about.

      12             This year it's not so bad; but, yet, and

      13      still, there a lot of cuts to TANF-funded

      14      programs.

      15             The Governor is still recommending zeroing

      16      out many of the things that we care about.  There's

      17      not enough restoration.

      18             And as Senator Gallivan said, it's not just

      19      about putting money back.  You know, we're going to

      20      do what we can to restore it.  But, it's also about

      21      finding ways to reduce the burden upon some of the

      22      service providers, so that they can maximize the

      23      money they get from the State, and they don't waste

      24      it on duplicative, redundant paperwork reporting, or

      25      any of the other silly requirements we sometime







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       1      impose upon you.

       2             So, we're going to be focusing on a lot of

       3      stuff this year.

       4             Those of you who deal with youth, know, that

       5      juvenile-justice reform is front and center in the

       6      Governor's budget.  It's going to impact upstate and

       7      downstate.

       8             The loss of child-care slots, in my opinion,

       9      is devastating.  And I think we need, as service

      10      providers, to start to talk about child care in a

      11      different way.  It's not an entitlement program.

      12      It's not an assistance program.  It should be part

      13      and parcel of our economic development programs.

      14             It's about making work pay again; giving

      15      women the supports they need to stay in the

      16      workforce.

      17             So, we have to start talking about these

      18      things differently.  You know?

      19             The Governor wants us to do everything we can

      20      on job creation.

      21             Well, if we create jobs, we then have to

      22      create the supports that keep people in those

      23      jobs we've created.

      24             So, I welcome you all here today, to

      25      participate, and, I guess we should get started.







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       1             SENATOR GALLIVAN:  We are -- when you come up

       2      to speak, if you could just start right in the front

       3      row, right in front of us, if there's more than one.

       4             Obviously, first seat, second seat.

       5             SENATOR SAVINO:  Yeah, we have three seats

       6      here in the front.

       7             So, first up is, Jacqueline Cady -- oh -- on

       8      early child-care education, and the Early Childhood

       9      Initiative.

      10             Do we have testimony?  Written/printed

      11      testimony?

      12             JACQUELINE CADY:  No.  I think -- I could

      13      hand it you to.  I just have two copies.

      14             SENATOR SAVINO:  Just two?  All right.

      15             Well, one, two -- that will do.

      16             Thank you.

      17             SENATOR GALLIVAN:  Thank you.

      18             JACQUELINE CADY:  I thank you very much for

      19      an opportunity to speak today.

      20             I'm Jacqueline Cady.  I'm a member, and the

      21      past chair, of the Rochester Early Childhood

      22      Initiative.

      23             The announcement for this hearing asked for

      24      suggestions on efficiencies, economies, in human

      25      services.







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       1             And, I'm here to say that, pretty much what

       2      Senator Savino said:  That New York State needs to

       3      invest in services, with a proven payback; services

       4      in early care and education.

       5             We know that most brain development happens

       6      before the age of three.  A dollar invested in

       7      high-quality early education pays back a minimum

       8      of seven.

       9             And I know Senator Robach thinks:  Oh, I've

      10      heard this so many times.

      11             In some studies, it even shows that there's a

      12      $17 payback for that dollar that you invest in

      13      quality early education.

      14             And that payback is in the avoidance of later

      15      social costs.

      16             So, look at that juvenile justice that's a

      17      priority for the State.  Think about teen pregnancy,

      18      incarceration, unemployment.  These investments in

      19      early education can really make a difference.

      20             So, how can New York State take advantage of

      21      what we know about early education?

      22             Let's start at the beginning.

      23             At birth, nurse-family partnership is an

      24      evidence-based program.  Gives enormous payback to

      25      both the mother and the child.  The program pays







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       1      for itself by the time the child is six.

       2             And, there's little to no funding for this in

       3      New York State.

       4             Right now, there's a proposal on the table

       5      for a very modest, a $5 million, fund to support a

       6      little bit of nurse-family partnership.

       7             I wish you would give your support to that.

       8             The biggest piece of this, again, as

       9      Senator Savino said, for children, birth into school

      10      age, we need more comprehensive support through the

      11      child-care subsidies.

      12             For us in Rochester, subsidies are the

      13      baseline.  This is how we get to ask at-risk

      14      children, and their families, with the opportunity

      15      for quality early education.

      16             So, go back to where we started here:  The

      17      opportunity for that critical early brain

      18      development.

      19             We need two things.

      20             And the first one I think is right up your

      21      alley, of saying:  How could you possibly do more

      22      with less?

      23             The first thing is:  Consistent quality

      24      standards across the state.

      25             I looked at the maps on your websites.







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       1             And I would say, for Senator Gallivan, in the

       2      several counties that you represent, you would find

       3      that no two have the same regulations.

       4             For Monroe County, and the seven surrounding

       5      counties, no two have the same regulations for child

       6      care.

       7             A third of the children who are in child care

       8      are in what's called "legally exempt child care."

       9             There are no quality standards.  There's no

      10      requirement for training.  There is precious little

      11      oversight of those who are in legally exempt care.

      12             Here in Monroe County, the infrastructure of

      13      our quality child care is threatened because

      14      caregivers are not paid when children are absent.

      15             So, you can't run a business like that, and

      16      say:  I've got to meet ratio.  I've got to meet

      17      standards.  I can't add another child to this

      18      classroom.  But, these two are absent today, so I

      19      don't get any funding for these kids, and I can't do

      20      anything to make that up.

      21             These problems arise because there isn't

      22      any statewide standard.

      23             Setting consistent criteria and standards

      24      across the state could be carried out without

      25      significant dollar implications, and would make







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       1      great strides to ensure that the dollars we

       2      spend are providing quality early education.

       3             The second thing, of course, is that more

       4      funding is needed for subsidies to reach more

       5      families.

       6             In Monroe, flat and reduced State funding has

       7      reduced our headcount, from about 13,000, 10 years

       8      ago, to under 7,000 this year.  We're serving about

       9      half of the children with subsidies that we did

      10      10 years ago.

      11             Again, a dollar invested in high-quality care

      12      pays back a minimum of $7.  Then, here's a place

      13      to reduce New York State costs, by investing now in

      14      quality care for young children.

      15             I would mention another program, early

      16      intervention services, which I'm sure you have heard

      17      about, have been decimated, with the reimbursement

      18      rates for 2012 equal to those of 1992; 20 years

      19      ago.

      20             Many providers in our county have stopped

      21      offering this service.  They can't afford to

      22      subsidize it.  They've been subsidizing it out of

      23      their other income streams.  They can't do it

      24      anymore.

      25             I know that, in Albany, they've made







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       1      strides toward getting insurance coverage,

       2      third-party payers, for some of this early

       3      intervention service.

       4             The Governor is recommending a total

       5      restructure of early intervention services.

       6             And, ultimately, that may be good.  What

       7      we've got now is not working.

       8             But in the meantime, if there isn't some kind

       9      of an increase -- and folks are specifically

      10      asking for a restoration to the reimbursement rate

      11      that they got just a year ago -- if there's not some

      12      restoration of those rates, we're going to lose the

      13      rest of our quality early intervention providers in

      14      Monroe County.  They just cannot afford to provide

      15      that service.

      16             I would ask you to think about this:  We're

      17      talking about early intervention.  We're talking

      18      about kids who are zero, 1, 2, and putting those

      19      families in a situation where they might have to

      20      wait six months, or nine months, for an evaluation

      21      to have services.

      22             When you're one, waiting 9 months for

      23      services is half your life.  That's crazy.

      24             Again, this is where most brain development

      25      occurs.  We really need to serve these young







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       1      people.

       2             Pre-K is a shining -- okay, new program:

       3      Pre-K is a shining star of our early education.

       4             80 percent of the city of Rochester

       5      4-year-olds are in the highest quality pre-K

       6      programs.

       7             Funding has been flat for many years.

       8      Neither the community agencies, nor our city school

       9      district, received adequate funding to fully fund

      10      this excellent investment in young children.

      11             The Regents had put forward a proposal to put

      12      a little more funding back in pre-K.

      13             We certainly support that.

      14             Nurse-family partnership and early

      15      intervention are really in the purview of the

      16      Health Department.

      17             Subsidies are in OCFS.

      18             Pre-K is in the State Education Department.

      19             These systems need to work together.

      20             I would ask you to think of a continuum of

      21      integrated services for our many at-risk children.

      22             Because you have leadership roles in

      23      New York, I ask you to stand up for young children,

      24      to invest more resources in quality early education.

      25             Use your leadership to represent these young







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       1      people.  They can't speak for themselves.

       2             Thank you.

       3             SENATOR SAVINO:  Thank you.

       4             I just -- wait.  Before you get away,

       5      Jacqueline, two points.

       6             The "early intervention" piece, there's been

       7      some discussion there.

       8             Actually, there's was some discussion

       9      yesterday at the State hearing, the budget hearing,

      10      on Health.

      11             The other issue hanging over that -- those

      12      programs, is this 1115 waiver.

      13             Have you had any conversations with any of

      14      the service providers about what this "1115 waiver"

      15      issue would do to them?

      16             JACQUELINE CADY:  To them?  No, I can't

      17      answer that.

      18             Sorry.

      19             SENATOR SAVINO:  It's -- you may start

      20      hearing from them.  It's, apparently --

      21             JACQUELINE CADY:  Somebody else --

      22             SENATOR SAVINO:  I see some people shaking

      23      their heads.

      24             JACQUELINE CADY:  -- will speak about it.

      25             SENATOR SAVINO:  They'll talk about it.







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       1             JACQUELINE CADY:  I'm not the one.

       2             SENATOR SAVINO:  It's very complicated.

       3             On pre-K, though, I'm actually quite

       4      surprised, and pleased to hear, that 80 percent of

       5      your 4-year-olds in Rochester are in universal

       6      pre-K.

       7             We don't have that anywhere else in the

       8      state, because most of the program -- most of the

       9      school districts claim that there are so many

      10      complications in implementing UPK; that you either

      11      have to have a certain, you know, classroom sizes,

      12      or teachers with certain evalu- -- you know, certain

      13      skills, and certain --

      14             Yeah, he's shaking his head in back there.

      15             -- so they don't even do it.

      16             JACQUELINE CADY:  Right.  We've got a long

      17      history in Rochester.  Our early childhood

      18      initiative is 20 years old --

      19             SENATOR ROBACH:  Head Start.

      20             JACQUELINE CADY:  -- and was started by,

      21      really, Mario Cuomo in 1990, which he declared

      22      "The decade of the young child."

      23             We formed a community collaboration at that

      24      time.  We began to work on accreditation.

      25             When Speaker Silver put forward what he







                                                                   19
       1      called the "Ladder Program," which was pre-K, we

       2      were really ready for that, and worked with the

       3      school district to write a pre-K program.

       4             Our children are about 55 percent in

       5      community-based agencies, right now.

       6             We have 15-year evaluation project that

       7      shows our pre-K classrooms are -- rate, 6 on a

       8      7-point scale.  They're just excellent quality.

       9             Whether you're in the school-district

      10      program, we got about 950 children; or in a

      11      community agency, about 1,050 children.

      12             SENATOR SAVINO:  Do most of those children go

      13      on to kindergarten, or do they have a break in -- in

      14      their education?

      15             Because, you know, kindergarten's not a

      16      requirement.

      17             JACQUELINE CADY:  Right.  Most of them --

      18             SENATOR SAVINO:  What we see in the city of

      19      New York is different now.

      20             JACQUELINE CADY:  Yeah, most of them.

      21             We've got just 2,000 in pre-K this year.

      22             We have 2,500 in our incoming city school

      23      district kindergarten.

      24             SENATOR SAVINO:  And do you do center-based

      25      pre-K -- center-based kindergarten, for those that







                                                                   20
       1      don't --

       2             JACQUELINE CADY:  No, because we have

       3      full-day kindergarten.

       4             SENATOR SAVINO:  Hmm, interesting.

       5             JACQUELINE CADY:  The child-care centers used

       6      to have kindergarten.  Maybe a few do, but most of

       7      them do not anymore, because, in the city school

       8      district, they've got full-day kindergarten; which,

       9      again, we understand is threatened across the state

      10      with education dollars.

      11             SENATOR SAVINO::  Very good.  Thank you.

      12             SENATOR ROBACH:  Jackie, let me just say too,

      13      I chair the Human Services Budget Subcommittee.

      14             So, we go out with the Assembly, and have the

      15      talk, and then go to the conference committees.

      16             We're going to do that.

      17             And, there's really, like, not too much new

      18      money, but I think -- I'm going to make it, and I

      19      think it will end up in our version of the budget.

      20      We're going to adjust some money, to put more money

      21      into straight child care.

      22             And then, on the -- you know, I've heard your

      23      story, you've heard mine.

      24             On early intervention, you know, I've lived

      25      it.







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       1             JACQUELINE CADY:  Yeah, I know.

       2             SENATOR ROBACH:  I mean, I have a

       3      hearing-impaired kid --

       4             JACQUELINE CADY:  I know.

       5             SENATOR ROBACH:  -- whose life completely got

       6      changed by the right treatment modality, getting in

       7      that Excellus program at Al Sigl, and was told, at

       8      two:  This kid won't go to college, like your other

       9      kids.

      10             That's a hard thing to hear, as a parent, and

      11      have your spouse look at you, and go, you know:

      12      What are you going to do about it?

      13             And, I go:  I don't know what I'm going to do

      14      about it.

      15             But, you know, a good story:  Because of that

      16      early intervention, and getting the right program,

      17      that child is now 23; has gone to college, has a

      18      pretty good job.  She's the star -- I'll do the

      19      commercial -- of Shear Ego in Pittsford.

      20             Go there and get your hair cut.  Ask for

      21      Rachel.

      22                  [Laughter.]

      23             SENATOR ROBACH:  But, she's doing really

      24      good, and it's because of that.

      25             So, we're going to really look at these







                                                                   22
       1      things.

       2             JACQUELINE CADY:  Thank you.

       3             SENATOR ROBACH:  This is going to be a

       4      challenge, but I think we're committed to try to

       5      move some things around.

       6             JACQUELINE CADY:  Thank you very much.

       7             SENATOR ROBACH:  Okay, thank you.

       8             SENATOR SAVINO:  Thank you.

       9             SENATOR GALLIVAN:  Mark Wickham.

      10             MARK WICKHAM:  Good afternoon.

      11             My name is Mark Wickham, and I'm the new

      12      hot-out-of-the-box CEO of Catholic Family Center,

      13      following in the shoes of Carolyn Portanova, who

      14      was a tireless advocate --

      15             SENATOR ROBACH:  We've heard the name.

      16                  [Laughter.]

      17             MARK WICKHAM:  Yeah.

      18             -- who was a tireless advocate for many, many

      19      years here.

      20             So, I'm hopeful that I can fill her shoes.

      21      I'll make sure that I make some referrals to Rachel.

      22      I'm not sure that I need too much of it myself,

      23      but --

      24             SENATOR GALLIVAN:  Mark, if I may, before you

      25      get started, and this is -- really is for everyone







                                                                   23
       1      who's providing testimony today:  It's very helpful

       2      to us that you provide this.  And because we have

       3      it, you needn't read it all.

       4             MARK WICKHAM:  Oh, uh-huh.  Well, that's

       5      good.

       6             SENATOR GALLIVAN:  But I think what becomes

       7      appropriate is, you know, bring up the main points

       8      that you really want to stress.

       9             SENATOR SAVINO:  Uh-huh.

      10             MARK WICKHAM:  Sure.

      11             SENATOR GALLIVAN:  And we, of course, will

      12      read all of it, but, it might save --

      13             MARK WICKHAM:  Some time.

      14             SENATOR GALLIVAN:  -- might save you a little

      15      bit of time, because we don't have water for you.

      16             MARK WICKHAM:  Yes, that's great.  Thank you.

      17      I appreciate that.

      18             As you read through this, you'll see

      19      Catholic Family Center has been around since 1917,

      20      and we provide services to over -- pretty close to

      21      40,000 individuals in the Monroe County area.

      22             And it's, really, we provide services for

      23      people in the areas of behavioral health, housing

      24      services, family services, and workforce

      25      development.







                                                                   24
       1             The pieces that I want to really focus on are

       2      some of the critical, necessary services and

       3      programs we offer.

       4             One of the things that's important, is to

       5      understand the economic impact of organizations like

       6      ours on a community.

       7             We are approximately 460 employees throughout

       8      our organization, whom we pay $16 1/2 million to.

       9      And that was in 2011.

      10             And, we spent over $9 million in services and

      11      good rent and supplies and equipment in our

      12      community.

      13             Many of our programs result in real savings

      14      to New York State taxpayers, and that's really what

      15      this is about.

      16             You know, what people really want to know is:

      17      Where are we saving money?

      18             And, not only are we saving money, but what

      19      are those outcomes that we're providing?  And how

      20      does it equate into saving money in our area -- in

      21      our county; in particular, Monroe?

      22             For example:  We serviced 163 families and

      23      421 children last year.  And the annual cost of our

      24      program which works with families and the children,

      25      is about $1,100.  So, that equates to an annual







                                                                   25
       1      budget of about $465,000.

       2             If you looked at the annual cost for regular

       3      foster-care placement in Monroe County, it's

       4      approximately $24,000.

       5             So even if you took one-fourth of those

       6      children that we served and placed them into regular

       7      foster care, that would be $2 1/2 million.

       8             So there's real cost savings in terms of what

       9      we do.

      10             More than 70 percent of our support and

      11      revenue comes from government, including service

      12      contracts and fee-for-services and payments for

      13      Medicaid.

      14             The support -- this government support is

      15      largely from New York State, either directly through

      16      Monroe County or through the State.

      17             One of the biggest issues that we have is

      18      prompt payment.  What we're finding, across the

      19      board, is, we don't get paid in a timely fashion.

      20      There are times that we're waiting 6, 9,

      21      12 months.  So, we're providing the service, and

      22      we're not getting the payment.

      23             SENATOR ROBACH:  From contract to Medicaid,

      24      or all?

      25             MARK WICKHAM:  From contracts, typically,







                                                                   26
       1      yeah.

       2             Medicaid is -- right now, it's set up as a

       3      fee-for-service; so, that's based on our providing

       4      services and our getting reimbursed on that.

       5             And I'll talk a bit about the OMIG piece,

       6      but, all in all, it's really contracting.  It's

       7      those contracts that we have, which are, we would

       8      call them "expense-based contracts."  So, we have

       9      the -- we're going to provide the service.  We're

      10      not -- it's not, we're billing Medicaid, or

      11      anything.  We're expecting that money to come in.

      12             And most of my colleagues will say the same

      13      thing:  It creates a huge cash-flow problem for

      14      us.

      15             So, if we're outlaying -- you know, we have

      16      about $15 1/2 million worth of contract services.

      17      And if we're outlying 7.5 million, for 6, 9,

      18      10 months, that's -- that's huge.

      19             So we end up having to do is, dip into our

      20      credit line, which then costs more money, which we

      21      can't charge off.  We have to incur that cost.

      22             So, prompt contracting is critical, going

      23      forward.

      24             We understand that it's -- you know, that

      25      it's important to delay a bit, but to delay 6, 8,







                                                                   27
       1      10 months, just, it makes it almost impossible

       2      for us to continue providing the care to people.

       3             So, prompt contracting.

       4             The other one is master contracting.

       5             We service many -- we service whole families.

       6      So, we may have people, or children in particular,

       7      programs, in various areas, who might have some

       8      families in some other programs, but the funding

       9      streams are very different.

      10             So what ends up happening, is, we -- and

      11      they're siloed.  They're just very siloed.  So

      12      we'll -- we're waiting on money to provide care,

      13      with the child, or -- and/or family.

      14             It would be much easier, if what we could do

      15      is, just have one contract.  It just flows

      16      through, so we can service the whole family, and

      17      break down the silos within the -- it's, really, a

      18      lot of the children services.

      19             And, I think, from my standpoint, it will

      20      just make it much easier to deliver services.

      21             The other piece that doesn't really ever get

      22      talked about is the administrative costs associated

      23      with, you know, going -- trying to stay on top of

      24      getting the money.

      25             The more contracts you have, the more







                                                                   28
       1      people we have to have to manage it.

       2             So, it would be less administrative costs

       3      across the board, at least on our end, if we could

       4      just have central, or, really, master contracting.

       5             The other pieces, one of the other

       6      interesting points I wanted to hit was, in an effort

       7      to address the issue, this was related to --

       8             I just lost my place here.  Excuse me.

       9             SENATOR SAVINO:  It's non-profit

      10      compensation.  I read it already.

      11                  [Laughter.]

      12             MARK WICKHAM:  Well, thank you.

      13             SENATOR SAVINO:  This is where they took the

      14      cheap shot at you guys.

      15             MARK WICKHAM:  The Office of Medicaid

      16      Inspector General, last year, both Houses passed

      17      unanimously, or --

      18                  (Off-camera comment.)

      19             MARK WICKHAM:  -- yeah, it was unanimously,

      20      the OMIG reform legislation, which Catholic Family

      21      Center strongly supported.

      22             The Governor chose not to sign that bill.

      23             CSC certainly believes that the efforts to

      24      eliminate fraud, waste, and abuse, and corruption,

      25      is critically important.  We believe that that's







                                                                   29
       1      important.

       2             At the same time, we are -- we, and similar

       3      providers, are heavily burdened, financially, and

       4      otherwise, by the OMIG conducts and audits.

       5             For example:  What we have, are five

       6      full-time staff there, are set up within our

       7      organization to, basically, deal with compliance.

       8             And that's -- that's regulated.  We have to

       9      do that.  We have to be watching ourselves, and I

      10      think that's important.  We don't think that that's

      11      not important.

      12             But, one of the things that's most

      13      disturbing, is that we believe the State, or OMIG,

      14      took an approach that they were looking at finding

      15      money to help pay for bills.

      16             Well, I don't know what bills, but, you know,

      17      they were out to get money.

      18             And, so, we weren't committing fraud.

      19      Organizations like ours were not committing fraud.

      20      We're catching particular pieces, and we turn them

      21      in.  That's what compliance does.

      22             So, what we really would like to see -- I

      23      would like to see, our organization and a lot of

      24      executives would like to see -- are what are the

      25      protocols?







                                                                   30
       1             Share with us the protocols of what they're

       2      looking for.  What is OMIG looking for when they

       3      come in to do audits?

       4             Let us know.

       5             I mean, because, from a compliance

       6      standpoint, we should know, so that we're monitoring

       7      ourselves and being able to report issues as they

       8      come up.

       9             Moving on here.  I'll try to speed this up.

      10             Finally, in the Governor's proposal budget,

      11      as well as the executive order that he signed

      12      subsequently, it contains language that 75 -- oh.

      13             I'm going to circle back, because we actually

      14      added something in here.

      15             The Governor just recently signed an

      16      executive order regarding administrative costs and

      17      overhead, in addition to executive comp.

      18             One of the things that we want to say is:

      19      We're very interested in making sure we keep

      20      administrative overhead low.  All of us are

      21      committed to that in our industry.

      22             We do not want that to go up, but, with

      23      increased regulations, one that I just talked about

      24      with OMIG, it's hard to do that.  It's very

      25      difficult.  But, we want to work hand in hand, and







                                                                   31
       1      partner -- in partnership with the state government,

       2      to figure out how to do it.  But, to just set

       3      arbitrary numbers, like, 15 percent across the

       4      board, when we have an approved federal rate at

       5      17.1, I don't -- I don't know, where does that come

       6      from?

       7             So, we want to work hand in hand, and get to

       8      places that I think will work for the State, and for

       9      our organizations.

      10             Not-for-profit overhead costs project -- cost

      11      project, the collaborative effort of the

      12      Urban Institute of the Center of Philanthropy of

      13      Indiana University issued a report entitled

      14      "Getting What We Pay For: Low Overhead Limits

      15      Not-For-Profits' Effectiveness." [sic.]

      16             The project studied nine not-for-profit

      17      organizations, ranging in size, from under

      18      1 million, to over 40 million, in annual

      19      expenditures.

      20             They found that arbitrarily low overhead

      21      leads to a limited ability for an organization to

      22      manage their finances, fund-raise, train and develop

      23      staff, and develop the IT infrastructure that's

      24      critical to effectively perform in today's world.

      25             So there's enough research out there to







                                                                   32
       1      support monitoring and watching overhead, but it's

       2      important for us to do it in a responsible way.

       3             I'll conclude by saying:  I want to thank you

       4      for taking time to come out into the community, and

       5      meet with the folks like us, so that we can share

       6      our concerns.

       7             And, more importantly, it's not so much

       8      sharing our concerns.  It's, more, what can we do

       9      to help you?

      10             That's what we're here to do.

      11             We're here to help our communities, to help

      12      people to get better, to get them back to work, and

      13      to make them productive members of our society.

      14             That's what we're here to do.  And we're

      15      successful in that, every year.

      16             So, we're here to tell the story, and make

      17      sure we get the word out, and have you go back to

      18      Albany and support what we do, because what we do is

      19      valuable, important.

      20             And, as you said, Senator Savino, we do have

      21      economic impact in these communities, that's very

      22      important.

      23             I thank you for your time today.

      24             SENATOR SAVINO::  Thank you.

      25             Wait, don't go.







                                                                   33
       1             SENATOR GALLIVAN:  Go ahead.

       2             SENATOR SAVINO:  I'll go first.  Ladies

       3      first.

       4             You mentioned something that's kind of

       5      intriguing:  The idea of a master contract.

       6             You know, I've been around this world long

       7      enough now that I remember when you had one

       8      commissioner of Social Service.  Now you have OCFS,

       9      and OTDA, and OPWDD, and whatever the "alphabet soup

      10      of the year" is in these agencies.

      11             MARK WICKHAM:  Everything.

      12             SENATOR SAVINO:  Back when you had one state

      13      commissioner of Social Services, and then you had

      14      all of the services under the big umbrella, how did

      15      they contract?

      16             Did they have these silos of funding then?

      17             Or, do you remember?

      18             Does anybody remember?

      19             MARK WICKHAM:  I don't remember that.  I

      20      don't know.

      21             SENATOR SAVINO::  So, walk me through this,

      22      where -- so you have a family.  Let's assume you're

      23      servicing a family, where the mother is in

      24      substance-abuse treatment, the children are in

      25      foster care.  One of them may need







                                                                   34
       1      developmental-disability services.  The other one

       2      might be in special ed, and family therapy.

       3             MARK WICKHAM:  Uh-huh?

       4             SENATOR SAVINO:  So, how many different

       5      service funding streams are existing in that --

       6             MARK WICKHAM:  Five.

       7             SENATOR SAVINO:  -- the life of that family?

       8             MARK WICKHAM:  You just mentioned five.

       9             SENATOR SAVINO:  Five.

      10             So you would have to, essentially, contract

      11      with five different --

      12             MARK WICKHAM:  Yes.  Five different

      13      government organizations to provide services to one

      14      family.

      15             SENATOR SAVINO::  I'm trying to figure out

      16      how we would streamline that into one state

      17      contract.  Who would administer it?

      18             I guess -- I don't know, but that's an

      19      intriguing idea, and it's something we should

      20      explore.

      21             SENATOR GALLIVAN:  Yeah, and there's a model

      22      right now, with the advent of the regional economic

      23      development councils.

      24             MARK WICKHAM:  Yes.

      25             SENATOR GALLIVAN:  They've put together what







                                                                   35
       1      they're calling "consolidated funding

       2      application" --

       3             MARK WICKHAM:  Yes.

       4             SENATOR GALLIVAN:  -- that brings in, now,

       5      I think it's -- it's either 12 or 14 agencies, where

       6      they're making one application, comes to a central

       7      place, and then gets farmed out.

       8             MARK WICKHAM:  Yes, and then it goes out.

       9             SENATOR GALLIVAN:  That might be a good

      10      model.  We don't know it's working yet.  The goal is

      11      to bring in more state agencies.  But, that might be

      12      a good model for us to look at, for you to look at,

      13      and then comment on that, how that then might be

      14      able to apply in [unintelligible] social services.

      15             MARK WICKHAM:  Absolutely.

      16             SENATOR GALLIVAN:  But that's somewhat new --

      17             MARK WICKHAM:  Yes.

      18             SENATOR GALLIVAN:  -- and the jury is out on

      19      it.

      20             MARK WICKHAM:  Yeah.

      21             Well, we think that we're uniquely positioned

      22      because we provide all of those five services as --

      23      to be a pilot organization, to even try it.  Just

      24      try it in a couple organizations across the state.

      25             But that's something that we definitely would







                                                                   36
       1      look at, Senator.

       2             SENATOR GALLIVAN:  Some of the United Ways

       3      out west and around Albany have spoken about this as

       4      well --

       5             MARK WICKHAM:  Yes.

       6             SENATOR GALLIVAN:  -- so, you're not alone.

       7      There's other people speaking up.

       8             What can you do?

       9             Everybody keeps speaking up.

      10             MARK WICKHAM:  Yeah.

      11             SENATOR GALLIVAN:  We keep bringing up the

      12      things --

      13             MARK WICKHAM:  Thank you.

      14             SENATOR GALLIVAN:  -- not just to our

      15      attention, but to anybody who will listen, that

      16      might be able to make a difference, and try to do

      17      something about it.

      18             The OMIG issue, a number of the issues you

      19      spoke about, we are -- we are trying to address the

      20      OMIG issue specifically.

      21             We've heard horror story after horror story

      22      across the state.  We were not -- we passed the

      23      legislation.  You mentioned the Governor didn't sign

      24      it.  We are looking to address it, to try to --

      25             MARK WICKHAM:  Thank you.







                                                                   37
       1             SENATOR GALLIVAN:  -- come to some common

       2      agreement with the Governor's Office, so that it's

       3      done legitimately, and not just the money grab like

       4      it was.

       5             MARK WICKHAM:  Yes, thank you.

       6             SENATOR GALLIVAN:  Like many of us think it

       7      was.

       8             MARK WICKHAM:  Yeah, no, we appreciate that,

       9      and any help we can get.

      10             The change in that, from our standpoint, is

      11      let us know what we can do to help in this process.

      12      It's not so much that we're -- we're out here

      13      providing the care, and spending -- we want to put

      14      as much money, and keep as much money, in the

      15      programs.  We don't want to be taking money out.

      16             And this, in particular, it starts to take

      17      money out of programs, especially when you have to

      18      do paybacks, which in -- you know, you've heard

      19      the horror stories.  The paybacks, which are

      20      astronomical, will put not-for-profits out of

      21      business.  Good not-for-profits.

      22             SENATOR SAVINO::  Well, that, and quite

      23      frankly, I found it appalling that that executive

      24      order was signed, limiting executive compensation of

      25      the not-for-profits to, what is it, $199,000 a year?







                                                                   38
       1             MARK WICKHAM:  Yes.

       2             SENATOR SAVINO:  Well, you know, that was

       3      gratuitous in many ways, because it's only for

       4      executives whose salary is 75 percent of Medicaid

       5      money.

       6             MARK WICKHAM:  Yes.

       7             SENATOR SAVINO:  Many of -- the only people

       8      that are going to get hurt by this, are the small

       9      not-for-profit organizations.  It's going be

      10      difficult to recruit or retain, you know, competent

      11      people --

      12             MARK WICKHAM:  Yes.

      13             SENATOR SAVINO:  -- who want to run these

      14      programs.

      15             The larger agencies, the hospitals, their

      16      funding streams come from multiple sources.

      17             MARK WICKHAM:  Yes.

      18             SENATOR SAVINO:  So, they're not really going

      19      to be affected by it.

      20             And I really think that -- you know, I think

      21      more people need to speak up about that, because it

      22      really was a gratuitous shot at people who have been

      23      struggling for the past five years to provide

      24      services to, you know, the most vulnerable people in

      25      our state, as if, you know, you're all just getting







                                                                   39
       1      rich off of social service programs.

       2             MARK WICKHAM:  Thank you.

       3             SENATOR SAVINO:  It's the most ludicrous

       4      thing in the world.

       5             MARK WICKHAM:  Thank you.

       6             SENATOR SAVINO::  I just have to say, I find

       7      it so offensive.  I really do.

       8             MARK WICKHAM:  Well, we really thank you for

       9      this leadership.

      10             SENATOR GALLIVAN:  Thank you.

      11             SENATOR SAVINO:  Thank you.

      12             MARK WICKHAM:  Thank you very much.

      13             SENATOR GALLIVAN:  Ann Marie Cook.

      14             Senator Robach had to leave.  He had a prior

      15      meeting scheduled with Rochester's own

      16      Lieutenant Governor Duffy, and the Rochester

      17      Business Alliance.

      18             And, he did want me to let everybody know, he

      19      is going to try to work his way back here.

      20             ANN MARIE COOK:  Senator Gallivan and

      21      Senator Savino, I want to thank you very much for

      22      holding this public hearing today in Rochester.

      23             LifeSpan is a private not-for-profit

      24      organization that serves older adults and

      25      caregivers.







                                                                   40
       1             Last year, we served about 25,000 older

       2      adults in the Finger Lakes Region.

       3             We have multiple programs, about

       4      30 different programs and services, everything

       5      from:

       6             The New York State Ombudsman Program in this

       7      region;

       8             We work with the Office of People with

       9      Developmental Disabilities, so I'm familiar with the

      10      1115 waiver;

      11             RSVP New York Connects;

      12             And, we also operate the New York State

      13      Coalition on the Prevention of Elder Abuse, and, the

      14      New York State Caregiving and Respite Coalition.

      15             And, we contract with five different state

      16      agencies.  And that's important in my remarks.

      17             As you know, all not-for-profits, you know,

      18      are struggling to serve an ever-increasing client

      19      base, especially in this economic downturn, and with

      20      State budget cuts.

      21             And, certainly, that's been true at LifeSpan.

      22             And I think we have the addition of an

      23      incredible age wave that we're experiencing in

      24      New York State.  The ever-increasing older adult

      25      population, coupled with this economic downturn, has







                                                                   41
       1      caused a demand for services, quite frankly, like

       2      we've never seen before.

       3             A couple of examples of that:  In just a

       4      three-month period last year, at the end of the

       5      year, we had 6,500 calls from older adults

       6      concerned about health insurance, although, the

       7      State Health Insurance Information Program was cut

       8      last year.

       9             And this number for our region, of course,

      10      was exacerbated by the Kodak announcement of

      11      bankruptcy, in which we have 25,000 retirees here

      12      from Kodak who are worried about their health

      13      insurance, and what to do.

      14             I had to field those calls with 1.5 FTEs,

      15      and, you know, it ended up being, of course,

      16      "all hands on deck," to make sure we're serving

      17      people, but these people are desperate in need of

      18      information so that they can make informed

      19      decisions.

      20             Second thing I wanted to talk about is:

      21      LifeSpan was thrilled to participate with

      22      Cornell University and the New York City Department

      23      for the Aging, on the first-ever New York State

      24      Elder Abuse Prevalence and Incidence Study.

      25             It's the second-largest study ever done on







                                                                   42
       1      elder abuse in the world.

       2             And, just a -- very briefly:  For every one

       3      case we know about elder abuse in this state,

       4      24 case go unreported.  260,000 older New Yorkers

       5      were abused in a one-year period, with financial

       6      exploitation is the primary form of abuse.

       7             Simultaneous -- almost simultaneous to the

       8      release of this report, New York State, in last

       9      year's budget, cut elder-abuse-prevention funding by

      10      50 percent.

      11             It's been devastating.

      12             We also extrapolated the amount of the cost

      13      to New York State, in terms of elder-abuse financial

      14      exploitation, and we estimate that it cost New York

      15      State $3 billion a year, because these older

      16      adults can't go back to work, they can't recover

      17      those funds; they have no other choice but to go on

      18      Medicaid, and get State funds to help them.

      19             Despite all of this -- and I could talk for

      20      hours, obviously, about the issues of older

      21      adults -- with the Governor coming out, saying he

      22      did want to restrict not-for-profits, which is

      23      fine with me, quite frankly, to 15 percent of

      24      administrative funds, I wanted to talk about some

      25      ways in which we can do that, because we all want







                                                                   43
       1      to put more money back into programs.

       2             First, of course, Mark mentioned this, the

       3      speaker before me:  Contract delays and late

       4      payments.

       5             Despite the "prompt contracting" law of a few

       6      years ago, I, quite frankly, have seen very little

       7      relief.

       8             I just want to talk about one contract that

       9      I had with the State, in which it took 14 months

      10      to execute.

      11             But during that time, I had to hire staff, I

      12      had to do reports, I had to meet with agency staff

      13      to talk about it.

      14             We have a wonderful program here.

      15             And every time I asked about, "What seems to

      16      be the problem with the contract, and then payment?"

      17      I was told, they're short in the state agency, and,

      18      unfortunately, that's the best that they could do.

      19             But, I'm expected to up front all that money

      20      before payment.

      21             So, I don't know what the answer is to the

      22      delays in payments, but it certainly has an

      23      effect on not-for-profits, and many have to borrow,

      24      waiting for those payments.

      25             Second thing I would like to talk about is,







                                                                   44
       1      the sheer redundancy in documentation submission;

       2      and request that we create a centralized system of

       3      documents.

       4             I'll give you an example here, too.

       5             We're all required to fill out what's called

       6      a "vendor responsibility form," and, there is an

       7      electronic form.

       8             Many of us fill that out; and many state

       9      agencies take that form, but not all state agencies.

      10      And, we can't print off that form and send it to

      11      those that require us to mail it.  It's a different

      12      form.

      13             The redundancy of information is just

      14      incredible.

      15             And, also, each state agency requires a

      16      whole list of information from us each year.

      17             We don't mind providing that information, but

      18      if we could just upload it, or download it, whatever

      19      you call it, into one centralized system, and each

      20      state agency look at that, it would save us time,

      21      and I'm assuming it would save the state agencies

      22      time.

      23             The third point is:  Centralized monitoring

      24      and auditing.

      25             I talked about LifeSpan; contracts with







                                                                   45
       1      five different state agencies.

       2             I, quite frankly, host a whole slew of State

       3      people that are in and out of our agency every

       4      day -- we have a conference room devoted to them --

       5      all looking for different information, oftentimes

       6      coming with conflicting information about how they

       7      would like us to keep it.

       8             But, if there was a way in which they could

       9      work toward a single audit, in which, if each state

      10      agency came in for a particular information, they

      11      looked at that, but not everything all at once.

      12             I have to say, in the 16 years I have been

      13      at LifeSpan, we have never received serious

      14      compliance or fiscal issues, but I still host these

      15      people all of the time.

      16             And, also, I'm required, of course, to do an

      17      outside audit, that not-for-profits are required to

      18      do.

      19             So, I would like this single-audit approach

      20      looked at, so that we can help reduce our

      21      administrative costs and move more money, of course,

      22      where it needs to be, to help folks.

      23             And one final regulatory issue I would like

      24      to talk about is, really, the finger-imaging for

      25      older adults and food stamps; and request that







                                                                   46
       1      this requirement be eliminated for food-stamp-only

       2      applicants.

       3             The State, quite frankly, has requested that

       4      all food-stamp applicants be finger-imagined, even

       5      those in their 80s and 90s.

       6             I'll have to tell you, in the last

       7      two years, I have never seen the needs of older

       8      adults like I have seen now.  It's the first time

       9      in which I have seen that we're running out of

      10      emergency food almost weekly for older adults in

      11      our senior centers.  They're in desperate need of

      12      just the basic needs.

      13             And trying to find those, and trying to get

      14      them eligible for food stamps, which would help,

      15      this requirement seems ridiculous to me.

      16             And, I would ask that it be looked at, and

      17      eliminated.

      18             I want to thank you for your time.

      19             We really appreciate this, as we're all

      20      trying to serve, I think, people, in general.

      21             I think that we have to looked at these

      22      administrative changes that would help us to get the

      23      money where it needs to be; and, in my case, to

      24      older New Yorkers.

      25







                                                                   47
       1             SENATOR SAVINO::  On the food stamp

       2      finger-imaging issue, I was of the impression

       3      that -- first of all, the Governor, you heard him in

       4      his State of the State, say, that he's going to

       5      eliminate the waiver on that.

       6             But I was under the impression, it was only

       7      the city of New York that continued that practice in

       8      the state.  That, the rest of the counties aren't

       9      currently requiring food-stamp applicants to be

      10      finger-imagined.

      11             ANN MARIE COOK:  There are other counties in

      12      the state that are requiring that, or looking at

      13      that.

      14             SENATOR SAVINO:  Yeah.  So I guess, then, the

      15      good news is, the Governor -- it requires a waiver.

      16             He's not going grant the waiver anymore.  And

      17      he's decided that this is unnecessary, as you

      18      pointed out, for a whole host of reasons.

      19             There may be people who will then try and

      20      legislate it again, so, I think you need to talk as

      21      often as you can about the importance of getting

      22      food to hungry seniors.

      23             And the idea of a senior, you know, at

      24      80 years old, showing up at a welfare center to

      25      get their fingerprint taken, is -- you know, it's







                                                                   48
       1      demeaning at that point in their life.

       2             But, on the contract delays:  So, you use

       3      the example, where you had one contract, it took

       4      14 months to get paid.

       5             What would happen if your agency, or any

       6      other agency, just decided they weren't going comply

       7      with the contract while you waited to get paid?

       8             What steps would the State take against

       9      you?

      10             ANN MARIE COOK:  Well, I suppose -- I guess

      11      that they would say we didn't fulfill the terms of

      12      the contract.  And, even though we outlaid that

      13      money, they may not pay us.

      14             SENATOR SAVINO:  What prevents you from

      15      saying the same thing about them?

      16             I mean, I'm curious:  Has anybody ever tried

      17      to sue the State for failure to, like --

      18             So, you enter -- you respond to an RFP.  You

      19      enter into a contract with them.  They grant it to

      20      you.  They give you a set of requirements that you

      21      must meet, and, this is how much money you're

      22      supposed to get paid.

      23             Under any other circumstance, anywhere else

      24      in the world, if someone did not live up to their

      25      end of the bargain, the place to solve that would be







                                                                   49
       1      in the court.

       2             Does anybody ever -- has anyone ever sued the

       3      State for failure to comply with their end of the

       4      bargain?

       5             Or do you all just wait to get paid,

       6      eventually?

       7             ANN MARIE COOK:  We wait to get paid.

       8             I've never considered suing the State, I'll

       9      be honest with you.  But, it's an interesting idea.

      10             SENATOR SAVINO::  I'm just surprised nobody

      11      does it.

      12             Anywhere, if it weren't the State that you

      13      were doing business with, you would be down in

      14      the -- you know, whatever the appropriate court

      15      venue would be, suing for --

      16             Look, I see Brian in the back; he's shaking

      17      his head.

      18             But, it's -- it's -- it is kind of odd that

      19      the State can get away with this; and, yet, you

      20      guys continue to respond to RFPs, and do business

      21      with the State.

      22             ANN MARIE COOK:  And I think, for us, I mean,

      23      quite frankly, it's because we want to serve people.

      24             You know --

      25             SENATOR SAVINO::  But they're taking







                                                                   50
       1      advantage of you.

       2             Could be.

       3             SENATOR GALLIVAN:  Along those lines:  The

       4      contracts on the State end of it, does it say

       5      anything about the requirement of payment by the

       6      State within a certain time period?

       7             ANN MARIE COOK:  Well, I assume it -- I think

       8      it does in the "prompt contracting" law.

       9             Although, I have to tell you, in my

      10      experience, even since it's been passed, nothing has

      11      changed.

      12             SENATOR GALLIVAN:  No, nobody follows it.

      13             ANN MARIE COOK:  No one follows it.

      14             SENATOR SAVINO:  You see, I've done

      15      "prompt pay" legislation, but it applies to the

      16      construction industry.

      17             So maybe what we should do, Senator Gallivan,

      18      is take my "prompt pay" statute, and see if we can't

      19      figure out --

      20             Barbara is sitting there.

      21             -- if we can't -- apply it.

      22             (Off-camera comment.)

      23             SENATOR SAVINO:  Right.

      24                  (Off-camera comment.)

      25             SENATOR SAVINO:  So we need to get it







                                                                   51
       1      through -- on these contracts.

       2             SENATOR GALLIVAN:  For the Human Services.

       3             SENATOR SAVINO:  For Human Services.

       4             Hmm.

       5             Well, we're gonna try again.

       6             SENATOR GALLIVAN:  Let me ask one other

       7      question, if I may, back to the finger-imaging?

       8             ANN MARIE COOK:  Sure.  Uh-huh?

       9             SENATOR GALLIVAN:  If finger-imaging is to

      10      continue, and there's, you know, some laudable

      11      goals for it, specifically the seniors, where

      12      would you suggest the cutoff should be?

      13             ANN MARIE COOK:  I don't know.

      14             SENATOR GALLIVAN:  80 years old?

      15      70 years old?  40 years old?  100 years old?

      16             ANN MARIE COOK:  Senator, honestly, I work

      17      with older adults, 60 and older, and I don't know

      18      any of them that apply.  And we have to encourage

      19      them to apply.

      20             I have to say, for older adults in

      21      particular, there's a lot of shame involved in this.

      22             SENATOR SAVINO:  Uh-huh.

      23             ANN MARIE COOK:  So, if we get to the point

      24      where we're encouraging them to apply because we

      25      know they don't have enough food, one more barrier,







                                                                   52
       1      quite frankly, gets them where they don't do it.

       2             I work with older adults, 60 and older; so

       3      I'm going to say: 60.

       4             SENATOR GALLIVAN:  All right, thank you.

       5             ANN MARIE COOK:  Thank you.

       6             SENATOR SAVINO:  Thank you.

       7             Next is Rebecca Case Grammatico, senior

       8      attorney at the Empire Justice Center, to talk about

       9      foreclosure prevention services.

      10             REBECCA CASE GRAMMATICO:  So, yes, thank you

      11      for -- Senator Gallivan specifically, for inviting

      12      Empire Justice Center to this hearing.

      13             And, yes, my name is Rebecca Case Grammatico.

      14      I am the supervising attorney for the foreclosure

      15      prevention unit in Rochester, New York, just down,

      16      right across the way here.

      17             Empire Justice Center is a statewide legal

      18      services organization, with offices in Albany,

      19      Rochester, White Plains, and in Long Island.

      20             My office specifically provides support and

      21      training to legal services in other community-based

      22      organizations.

      23             We undertake policy research and analysis; we

      24      engage in legislative and administrative advocacy;

      25      and we represent low-income-individuals, as well as







                                                                   53
       1      classes of New Yorkers in a wide range of

       2      poverty-law issues, including consumer public

       3      assistance, child care, and disability benefits.

       4             On behalf of my organization, I would just

       5      like to say, thank you both, for the opportunity

       6      today; and for, specifically, your continued support

       7      in these areas, and specifically, also, the

       8      foreclosure prevention services campaign that we are

       9      currently in the middle of.

      10             Our office in -- our staff members in

      11      Albany and Rochester are particularly appreciative

      12      of your staff, and your work with us.

      13             I briefly want to, sort of step away from

      14      what my testimony is, and just mention the ability

      15      to sue the State for inability to fund contracts

      16      in a timely manner.

      17             Number one:  I don't know whether there's

      18      some sort of an attorney's fees provision in that

      19      opportunity.

      20             If there was, I suspect that my office might

      21      be willing to take a look at that, perhaps, and see

      22      the viability of that.

      23             But the reality is, is that, in order to sue,

      24      you have to have money to sue.  And, of course,

      25      non-profits don't have money.  Sort of the







                                                                   54
       1      definition; right?

       2             So, as you're looking at that, it might be

       3      helpful to incorporate some sort of attorneys's

       4      fees provision.

       5                  [Off-camera inaudible comment.]

       6             REBECCA CASE GRAMMATICO:  I'm sorry?

       7                  [Off-camera inaudible comment.]

       8             REBECCA CASE GRAMMATICO:  Oh, arbitration.

       9             I'm not -- not really, no.

      10                  [Off-camera inaudible comment.]

      11             REBECCA CASE GRAMMATICO:  It is, but it

      12      doesn't tend to favor the consumers; or the folks

      13      who are actually the underdog in this situation.

      14             So, today my testimony will focus on four

      15      issues, not just foreclosure prevention work.

      16             And I apologize.  Unfortunately, my area of

      17      expertise is strictly foreclosure prevention, so, if

      18      you have questions in the welfare or the child-care

      19      issues, I'm not your girl, but you can contact

      20      Susan Antos [ph.] in our Albany office, or Don in

      21      our Long Island office.

      22             So, briefly, those issues are:

      23             Improving the identification of disability

      24      screening for welfare applicants, and sanction

      25      policies;







                                                                   55
       1             The importance of full implementation of

       2      final phase of the welfare grant increase;

       3             The desperate need to invest in child-care

       4      assistance for low-income working New Yorkers;

       5             And, of course, the economic impact of

       6      foreclosures on New York's families and children.

       7             So, first:  The welfare grant increase.

       8             The work of non-profit agencies serving

       9      New Yorkers faces a nearly insurmountable obstacle

      10      when a safety net is in tatters.

      11             The striking example of this dilemma arises

      12      when circumstances compel a family to turn to the

      13      public-assistance program for their existence.

      14             In the 22 years since 1990, the cost of

      15      living in New York has risen by more than

      16      70 percent.  During that period, the welfare grant

      17      in New York has increased by 20 percent.

      18             As a result, poor New York families have an

      19      ever-increasing difficulty in meeting the most basic

      20      needs.

      21             In 2009, the State adopted a modest grant

      22      increase, to be phased in over three years, as you

      23      know.  The first increase in the basic allowance in

      24      19 years.

      25             The first two steps were enacted, but,







                                                                   56
       1      unfortunately, in 2011, the State failed to

       2      implement the final stage.  And, the executive

       3      budget now proposes to further delay that final

       4      installment by phasing it in, in half of a third

       5      step this year; and then half, next year.

       6             If the proposal is adopted, this very limited

       7      increase would only -- will have taken five years,

       8      instead of the intended three, which was intended.

       9             Even when fully implemented, however, the

      10      grant will still bring families to an income level

      11      less than half of the federal poverty level.

      12             In Monroe County, the maximum grant for a

      13      family of three will rise to 48 percent of the

      14      poverty level.  While this grant, theoretically,

      15      enables them to provide for their essential needs,

      16      the reality still falls short.

      17             The full grant increase, estimated to cost

      18      the State an additional 6 million, nevertheless,

      19      will provide a very small but meaningful supplement

      20      to poor families.

      21             At a bare minimum, the increase pledged by

      22      legislature and governor in 2009 must be implemented

      23      in the 2012 session.

      24             Number two:  The work-related sanctions.

      25             We support two legislative proposals to







                                                                   57
       1      address the problem of an unexpectedly --

       2      unacceptedly high, excuse me, number of welfare

       3      recipients who are punished for alleged

       4      non-compliance with work requirements.

       5             Before describing the legislation, it's

       6      instructed to review the four principles that guide

       7      this initiative.

       8             Number one:  Public assistance recipients are

       9      much more likely to have serious disabilities, than

      10      is the case for the population in general.  And are

      11      even more likely to have disabilities than other

      12      low-people.

      13             In the welfare system, disabilities

      14      frequently are not recognized; and, therefore,

      15      needed accommodations are not made.

      16             Number three:  People of serious physical and

      17      mental limitations that have not been accommodated

      18      are at much greater risk of being punished for those

      19      alleged non-compliances.

      20             And not surprisingly the families who are

      21      sanctioned are more likely to experience hunger and

      22      food insecurity, health problems, homelessness,

      23      and further need for emergency services, which are

      24      costly.

      25             If this is a set of facts that has prompted







                                                                   58
       1      advocates to endorse the two pieces of legislation,

       2      then one would improve the process by which local

       3      agencies can identify clients with disabilities

       4      first.

       5             The other would serve to prevent unwarranted

       6      sanctions, particularly when imposed on clients with

       7      the disabilities.

       8             Screening for disability, another piece:  Our

       9      proposed screening legislation would ensure that

      10      local districts offer clients the opportunity to

      11      be evaluated for disabilities soon, at the

      12      application stage, and at other appropriate times.

      13             Require OTDA to develop a high-quality tool

      14      for screening for physical and mental disabilities,

      15      and require that the districts use this tool to

      16      evaluate their clients.

      17             Provide, that if the initial screening

      18      suggests a possible disability, that the client must

      19      be offered the opportunity for a more in-depth

      20      evaluation by a qualified professional.

      21             And also require, that if the valuation

      22      process indicates the presence of a disability, the

      23      client must be offered appropriate accommodations,

      24      to ensure full program access.

      25             Now, the protections against those







                                                                   59
       1      inappropriate sanctions:  The proposed legislation

       2      would require that, before imposing a sanction,

       3      districts must determine whether the alleged

       4      failure to comply was related to a disability, a

       5      problem with child care, or transportation

       6      difficulties.

       7             Mandatory sanctions, but they're

       8      inflexible.  Punishment periods would be eliminated;

       9      and, instead, a sanction can be lifted once the

      10      client demonstrates a willingness to come into

      11      compliance.

      12             And, also, a client who is otherwise

      13      satisfactorily participating in assigned work

      14      activities must not be sanctioned for a single minor

      15      infraction.

      16             We believe that these two proposals would go

      17      a long way toward ensuring that no New Yorkers's

      18      excluded from needed benefits because of their

      19      disability.

      20             Now, changing topics and focus to child care

      21      now:  The wages of low-income working families are

      22      usually not sufficient to pay for a child-care

      23      provider who cares for their children while they

      24      work; and, to cover, also, that other necessities of

      25      life, including, rent, utilities, and food, and







                                                                   60
       1      transportation.

       2             As a result, child-care subsidies are

       3      critical to helping low-income families retain their

       4      jobs.

       5             Child care is in crisis, as local service

       6      districts struggle with the reduced funding; a

       7      $70 million reduction in funding since 2009 and

       8      2010.  This $70 million gap exists, with the

       9      $93 million in the State funding provided by the

      10      Governor.  But without that money, the reduction

      11      would be approximately 163 million.

      12             Our testimony explains in further detail,

      13      in front of you, how this funding problem has

      14      developed, and explains how, even with the

      15      $93 million, there is still not enough child-care

      16      assistance available to help all eligible families.

      17             Under state law, families with incomes up

      18      to 200 percent of poverty are eligible for financial

      19      assistance paying for child care, but there is not

      20      enough funding to cover all of the eligible families

      21      across the state.

      22             And as those funds have declined, counties

      23      have taken their own dramatic steps to cope with

      24      those decreases.

      25             I have outlined in the testimony, several







                                                                   61
       1      counties across the area, but I'm only going

       2      highlight a couple here.

       3             In Erie County, with its lowered eligibility

       4      guidelines for low-income working parents, from

       5      200 percent of poverty level to 125 percent of

       6      poverty, effective March of 2010, that's leaving

       7      1,100 children, in 700 families, without child care.

       8             Erie County was able to partially restore

       9      that eligibility to 175 percent of poverty,

      10      effective June.

      11             The other county I wanted to mention was

      12      Albany County.  They've stopped taking applications

      13      for child-care services from working families for

      14      one year, beginning April 23 of 2010.

      15             And, again, there's more in the testimony.

      16             Finally:  Child care is a solid investment in

      17      job creation, as we have discussed already.  Every

      18      dollar invested in child care saves a job for a

      19      working parent, and it also create as job for the

      20      child-care provider.

      21             All parents share in the cost of child care

      22      by making co-payments, and that's an investment in

      23      the education and safety of our youngest citizens,

      24      that is shared by their -- the parents and the

      25      government.







                                                                   62
       1             And, at a minimum, New York should invest an

       2      additional 70 million to bring our child-care

       3      investment up.

       4             Now, my area that I can talk somewhat

       5      intelligently on, is foreclosures.

       6             The loss of a home, as you know, a

       7      foreclosure auction negatively impacts the state,

       8      local municipalities, and the families who are

       9      specifically suffering from that loss.

      10             According to a May 2009 report by the

      11      Urban Institute, entitled "The Impacts of

      12      Foreclosures on Families and Communities," when a

      13      foreclosure occurs, the families living in that

      14      foreclosed property are impacted in virtually all

      15      aspects of their well-being.

      16             It's an older report, but you can imagine

      17      that it's still quite valid today.

      18             In addition to the harm caused to the family,

      19      the impact of a single foreclosed home is profoundly

      20      felt the more urban the environment is.

      21             So, not only through the tax lost in the

      22      values of revenues -- excuse me -- the lost tax

      23      revenue, and the value of the property is lost, but,

      24      also, the simple cost of it cutting grass for a

      25      vacant property; and, ultimately, the demolition







                                                                   63
       1      costs for a property that's become vacant from --

       2      that also brings an additional costs, as crime and

       3      public-health issues.

       4             Now, I'm not going to spend a lot of time

       5      talking about the trends of foreclosure.  I think we

       6      all know that's a serious problem.

       7             But, briefly, if I could highlight some

       8      numbers:

       9             According to a study that we have done, and

      10      the specifics are in testimony, we have estimated

      11      that over 250,000 homes in New York State are either

      12      in foreclosure or about to become in foreclosure.

      13             We have had some hiccups, shall we say,

      14      along the way, with the robo signing.

      15             And, the courts have taken a particular

      16      aggressive approach to that, to make sure that

      17      lenders' attorneys are taking a proactive look at

      18      their cases.

      19             And in -- good or bad, depending on how you

      20      look it, and which side of the coin you're on, that

      21      has caused, in effect, a moratorium on folks.

      22             So, as a result, people are stuck in this

      23      limbo state right now, not actually entering

      24      foreclosure.

      25             Or, if they are entering foreclosure, they're







                                                                   64
       1      not entering into the required settlement-conference

       2      process, so people are getting served.  They're not

       3      getting the request for judicial intervention filed,

       4      which triggers the settlement-conference process to

       5      begin.

       6             So, folks are sitting there, without

       7      loans, that are currently unaffordable, and the

       8      interest continues to accrue, and people are

       9      unable to actually communicate with their banks,

      10      which further causes delay and costs.

      11             I do want to say that New York, thankfully,

      12      has taken a proactive approach to the foreclosure

      13      crisis.  They've been some of the -- New York has

      14      been amongst the most aggressive in the country to

      15      address the subprime and the foreclosure crisis.

      16             New York was only the second highest of

      17      11 states to experience the home-price

      18      appreciation in 2010.  And, we are fourth in the

      19      nation in terms of loan modifications achieved

      20      through the federal Home Affordable Modification

      21      Program.  The "HAMP Program."

      22             We strongly believe that New York could be

      23      poised to exit the foreclosure crisis ahead of most

      24      other states.  But, if we stay the course right

      25      now, with the current lack of funding for the







                                                                   65
       1      program and activities, we will be in a much

       2      worse-off shape than we already are.

       3             The good news, I suppose, is that we believe

       4      that we are approximately halfway through the

       5      crisis; whereas, the rest of the country is about a

       6      third of the way.

       7             But, again, if we don't have funding for the

       8      service providers on the ground -- the housing

       9      counselors and legal-services providers and pro bono

      10      attorneys -- to assist folks in that foreclosure

      11      process, it's going to become much worse, and it's

      12      going to take us a much longer time to exit the

      13      crisis.

      14             Now, some numbers on the foreclosure program

      15      itself.

      16             It started in 2008, and over 80,000

      17      homeowners have been assisted, and at least

      18      14,000 homes have been saved from foreclosure.

      19             Every dollar invested in the

      20      foreclosure-prevention program has resulted in at

      21      least a $68 savings to the State.  This is due to

      22      the avoidance of the decreased property values and

      23      the subsequent decreased tax revenue.

      24             It's estimated that, today, the program has

      25      saved over $3.4 billion across New York State.







                                                                   66
       1             If nothing is done, however, to help that

       2      more than 250,000 homes entering foreclosure, the

       3      cost would total, approximately, over 61 billion in

       4      decreased property values and the reduction of the

       5      tax base.

       6             Now, the Governor has announced in his State

       7      of State Address, and has included some money in his

       8      executive budget, for the creation of the

       9      foreclosure relief unit within the Department of

      10      Financial Services.

      11             To date, few details have been revealed on

      12      that program.

      13             We continue to work with them, to try to help

      14      funnel, and have a conversation about how best to

      15      implement that program.

      16             But, so far, we have found that they are

      17      providing a state-run mobile command center, staffed

      18      with foreclosure counselors who are coming to

      19      Long Island, I believe this week, or next.  And they

      20      provide information about loan modifications that

      21      are available under federal law, and they take

      22      complaints from homeowners, so that the unit can

      23      investigate further.

      24             There's already a system in place right now

      25      to assist those homeowners.







                                                                   67
       1             It's a great idea, as long as it's used in

       2      conjunction with the program that's proven to work.

       3             That's all I have.

       4             Thank you.

       5             SENATOR SAVINO::  Thank you.

       6             The foreclosure prevention program that we

       7      currently have in New York State, as you pointed

       8      out, is probably the most comprehensive in the

       9      nation.

      10             REBECCA CASE GRAMMATICO:  Yes.

      11             SENATOR SAVINO:  Senator Klein, who is -- was

      12      the deputy majority leader at the time, actually

      13      created it.

      14             We had a press conference about a week ago,

      15      with providers from all around the state, to focus

      16      on just how important this is.

      17             REBECCA CASE GRAMMATICO:  Yes, and we thank

      18      you.

      19             SENATOR SAVINO:  It would be a tragedy if

      20      New York, which, you know, stepped out way in front

      21      of the rest of the country, falls behind.

      22             It is $25 million.  And I think we're, you

      23      know, making the case to Governor's Office, that

      24      even if the program is going to be administered

      25      through the Ben Lawsky's office, that's great, but







                                                                   68
       1      you got to put the money there --

       2             REBECCA CASE GRAMMATICO:  That's right.

       3             SENATOR SAVINO:  -- because we have far too

       4      many people at risk.

       5             I'm happy to see that you guys are supportive

       6      of the idea of investing in child care.  We need to

       7      do it.  It's something important.

       8             And, you know, I actually have met with your

       9      downstate counterparts, to talk about the sanction

      10      issue.

      11             You didn't -- interestingly, you didn't

      12      mention the issue of fair hearings.

      13             I don't know about the rest of the state or

      14      the other counties.  In New York City, they lose

      15      their fair hearings -- the city loses, just about

      16      100 percent of the time; which means, they

      17      sanction somebody for either failure to comply with

      18      workfare, or failure to show up for a face-to-face,

      19      or whatever the case happens to be, and they lose,

      20      every time.

      21             I'm not -- is that consistent statistics

      22      with counties outside of the city in

      23      upstate New York?

      24             REBECCA CASE GRAMMATICO:  I can't say.

      25      That's outside of my knowledge.







                                                                   69
       1             SENATOR SAVINO:  Just curious.

       2             REBECCA CASE GRAMMATICO:  I'm sorry.

       3             But I'm sure that you can get the information

       4      from folks in Albany as well.

       5             SENATOR SAVINO:  Okay.  Thank you.

       6             SENATOR GALLIVAN:  We actually have some of

       7      that information.

       8             SENATOR SAVINO:  Uh-huh.

       9             SENATOR GALLIVAN:  And we have been working

      10      with New York City to try to correct that.  A lot of

      11      it -- some of it was sloppy paperwork.

      12             SENATOR SAVINO:  Yeah.

      13             SENATOR GALLIVAN:  Better handling

      14      internally.

      15             But, no, they were not consistent with the

      16      rest of the state.

      17             New York City was very high.  The rest of the

      18      state, pretty much consistently, as compared from

      19      county to county.

      20             SENATOR SAVINO::  Okay.

      21             SENATOR GALLIVAN:  Significantly lower.

      22             REBECCA CASE GRAMMATICO:  If you have other

      23      questions, I'm sure that those folks can offer

      24      some sort of assistance to you.

      25             SENATOR SAVINO:  Thanks.







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       1             REBECCA CASE GRAMMATICO:  Thank you.

       2             SENATOR SAVINO:  Next is, Jean Carroll, the

       3      president and CEO of the YWCA.

       4             JEAN CARROLL:  Yes, I'm Jean Carroll.  I'm

       5      president and CEO of the YWCA of Rochester, in

       6      Monroe County.

       7             And I'm here today, along with

       8      Lydia Rodriguez, who is one of the 1,000-plus women

       9      and girls that we serve annually.

      10             And, I thought that, while I have some

      11      messages to share with you, I thought that it would

      12      be good for you to hear first-hand from Lydia about

      13      one of the services that is in danger of not being

      14      continued.

      15             LYDIA RODRIGUEZ:  Okay, hi.

      16             AS she said, I'm Lydia Rodriguez.

      17             And my story is, I come from a

      18      domestic-violence background.  Severe domestic

      19      violence.

      20             My son and I fled from Syracuse.  We came

      21      over here to Rochester where we knew no one.

      22             Nothing.  Nobody.

      23             We heard about ABW, and they took women.

      24             I just needed to be away from Syracuse, as I

      25      lived there for 23 years.  And, whatever shelter I







                                                                   71
       1      went through, I have lived, in various parts of

       2      Syracuse.  I didn't want to be found.

       3             I was almost killed, twice.

       4             So, we made it over here, far enough from

       5      Syracuse, where, I could feel safe walking the

       6      streets, but close enough to where my older children

       7      could come and see me if they had to.

       8             Well, I ended up coming to the YWCA, by the

       9      grace of God.

      10             I've got into support services, where, we

      11      were lost.

      12             We were lost.

      13             And we were being turned away from everywhere

      14      that we went.  And it was to the point where I felt

      15      that I would have to go back.

      16             And if I went back, that would be my life.

      17             I had, my son was 10.  Then, a 10-year-old.

      18             He's 13 now.

      19             And through the YWCA, they helped us.  They

      20      roomed us.  And they helped us, through support

      21      services, find an affordable and safe apartment in

      22      the Irondequoit area.

      23             We were close to hospitals.

      24             He got to a wonderful school, which is

      25      East Irondequoit Middle School.  Excellent school







                                                                   72
       1      system.

       2             We were able to, through the YWCA, to get

       3      counseling, because this is 14 years of extreme

       4      domestic violence.  And counseling, not only for

       5      myself, but for my son.

       6             Throughout being here, we were found.

       7             We were found, somehow.  And, the YWCA, they

       8      helped me to get into a higher apartment, so that --

       9      because I was afraid.  I was, like:  He's going

      10      climb through our windows.

      11             We lived in a first floor.

      12             They helped me to feel safe.  You know, they

      13      gave us the safety.  They moved us to a upper

      14      apartment, which I don't believe they usually do.

      15             They helped us to make our Christmas.

      16             With school, they helped us with school

      17      supplies for my children.

      18             Clothes, because we came with nothing.  We

      19      left everything, in the middle of the night.

      20             And, they helped us in so many aspects.

      21             Right now, my son is doing great in school.

      22             Like I said, we're getting our mental health.

      23      We're close to the hospitals, getting the help we

      24      need.

      25             For Thanksgiving, they helped us with food.







                                                                   73
       1             That first Christmas; it was August when we

       2      came, so, of course, we didn't have nothing.  They

       3      made Christmas possible for me and my child.

       4             My daughter ended up coming.  She was also a

       5      victim of domestic violence.  They also helped house

       6      her, and helped her with their service.

       7             They helped me.

       8             I didn't know anything about the YWCA.

       9             I didn't know anything.  I thought it was,

      10      you know, a place where people just rent apartments,

      11      or whatever.  But, it was much more than that.

      12             They helped us to get furniture.  They helped

      13      me get into public assistance.  Helped me get to the

      14      doctors.

      15             At times, when I couldn't get to the grocery

      16      store, every month, our social worker would come,

      17      and she would take us grocery shopping, which was an

      18      extreme help.

      19             I suffer from severe asthma.

      20             Her office is downstairs, and, I was having

      21      asthma attack.  I couldn't hardly move.

      22             My support-service manager, she came in and

      23      took me to the hospital.  Stayed with me, you know,

      24      while I got admitted, and everything.

      25             And, it's just a lot of help.







                                                                   74
       1             I have met young girls there that were

       2      homeless also, because of the economy, et cetera.

       3             And, you know, it gives you a heads up.

       4      It makes you feel comfortable.

       5             And, I felt unworthy; I felt like nothing.

       6             And, now, I can lift my head up.

       7             I can walk the streets.  I have a safe place

       8      to live.  My son is doing excellent.  I'm doing

       9      fine.

      10             They -- where we couldn't afford, they take

      11      us places, like Darien Lake.  I could never afford

      12      to take any son there.  We had no transportation, or

      13      anything.

      14             They do that for us.

      15             They took us to Niagara Falls.

      16             They give us services, where we get together

      17      and we talk about parenting, and self-help issues.

      18             So, you know, we need that.  And it's

      19      important, because there's a lot of women dying from

      20      domestic violence that don't know that they have

      21      places to go.  That don't realize that there are

      22      people that can help.  So we stay in this situation.

      23             And, I believe that if I knew -- I was in the

      24      situation for 14 years.  If I knew that there was,

      25      you know, these type of programs, that could help







                                                                   75
       1      me to be safe, they can get me away from this

       2      violence, and -- and not only, just find me an

       3      apartment and leave me there, and, Okay, you're on

       4      your own, but, give me these support services that I

       5      need to find help.

       6             So, okay, you need mental help, you need to

       7      talk, we're here.

       8             Go to this program.  Come to that program.

       9             You know, it's very helpful.  Because, like I

      10      said, we're dying.  And a lot of women, you know, I

      11      could have died.

      12             I was a statistics.  I have been in the

      13      hospital, twice.  I had to have surgery to have

      14      discs removed that were crushed from being choked.

      15      I had bones -- when I came to the YWCA, bones in my

      16      face broke, and I still can't barely see from one

      17      side of my face.

      18             But, I thank God that I found the YWCA, that

      19      I ended up here, because they saved my life.

      20             So...

      21             SENATOR SAVINO::  Thank you, Lydia, for

      22      sharing.

      23             JEAN CARROLL:  Thank you, Lydia.

      24             You know, there is nothing more compelling

      25      than a firsthand account of how, what you have done,







                                                                   76
       1      and what we try to do as a community, makes a

       2      difference in an individual's life.

       3             At the YWCA, we serve a 1,000 women and

       4      children every year.

       5             We have a continuum of housing services.

       6             We start out with emergency housing.  And

       7      then we have, in addition to that, transitional

       8      housing, and supportive living.  And, then,

       9      long-term permanent housing.

      10             And, women can come in at any point along

      11      that continuum.

      12             And we do, often, get women who have been

      13      victims of domestic violence at our emergency

      14      housing.  About 40 percent of the women who come

      15      through our housing program have been victims of

      16      domestic violence.

      17             A critical component along any person's

      18      journey, when they're found to be homeless, whether

      19      it's because of domestic violence, or, you know,

      20      lack of financial resources, or mental or physical

      21      health, a critical component is the support

      22      services.

      23             And, the YWCA has relied on many sources to

      24      provide support services to the women that we serve.

      25             In the past, we have had funding from







                                                                   77
       1      New York State.  It was originally called

       2      "supportive housing for families and young

       3      adults."  And, we have had that funding for about

       4      seven years, and, we no longer have that funding.

       5             So, we have had to cut back on our staff, and

       6      not been able to provide the level of support

       7      services that are needed.

       8             Over the past three years, in fact, you

       9      know, while funding has been cut, we've seen an

      10      expansion in the need for emergency housing and

      11      longer-term housing.

      12             We did expand our services to families,

      13      because it is, in fact, women with children who are

      14      one of the greatest areas of increase in

      15      homelessness.

      16             One of the things that is very true about

      17      homelessness, is that it doesn't happen overnight,

      18      and it doesn't get solved by short-term

      19      emergency-shelter stays.

      20             That is why the permanent affordable

      21      apartments, linked to on-site services, is really

      22      the solution.  It's a proven cost-effective and

      23      humane way to provide stable homes to

      24      individuals and families who have difficulty

      25      finding and maintaining housing.







                                                                   78
       1             This year's underfunding endangers a lot of

       2      the stability of very fragile residents at the

       3      YWCA, and around the state.

       4             The supportive housing program is the area

       5      where we would have been funded, where we are not

       6      currently funded.  It was a consolidation of many

       7      other programs under that umbrella last year, and,

       8      went from substantially a higher rate of funding to

       9      a much lower one.

      10             One of the stats on this, is that, over

      11      12,800 disabled tenants in 163 residences really

      12      have inadequate services because of the underfunding

      13      in the supportive housing program.

      14             Underfunding also puts federal funding at

      15      risk.

      16             New York State leverages significant

      17      federal resources, up to four federal dollars for

      18      every State dollar.

      19             So, from a cost standpoint, or from a

      20      leveraging standpoint, having those services in

      21      place is very important.

      22             The other area that I wanted to talk about,

      23      since I know that you also have oversight related to

      24      the Office of Children and Family Services, is our

      25      program where we serve teen moms.







                                                                   79
       1             We work with about 250 teen moms annually;

       2      teenagers who are pregnant and parenting, and at

       3      risk of dropping out of school.

       4             Typically, nationwide, about 75 percent of

       5      teen moms drop out of school.

       6             At the YWCA, we have really focused our

       7      programming and our services.  We are currently in

       8      seven of the city high schools, on site, and we

       9      provide the teen moms that are at those schools with

      10      the highest-quality, evidence-based teen outreach

      11      program approach to service.

      12             In fact, this past school year, 76 percent of

      13      the senior girls in our "young-parent support

      14      services" program, graduated.

      15             And, 86 percent of girls in the program,

      16      18 months or more, delayed a repeat pregnancy.

      17             Excellent results such as these should be

      18      supported; yet, because of changes in funding and

      19      administration in New York State, we're losing our

      20      ability to continue providing these services.

      21             A program-funding stream called, "APS," or,

      22      "adolescent pregnancy and parenting services,"

      23      administered through the Office of Children and

      24      Family Services, provided support to these

      25      vulnerable young women and their children.







                                                                   80
       1             This was transitioned out of the

       2      Department of Office of Children and Family Services

       3      and into the New York State Department of Health.

       4             The Department of Health now targets

       5      teens for primary prevention services, which is

       6      focused on preventing an initial pregnancy.

       7             And while I certainly agree that it would be

       8      better for these young women, for themselves, and

       9      for their children, to delay sex and childbearing,

      10      cutting services and support to teens who are

      11      moms and have young babies, teens who are moving

      12      towards graduation, and post-secondary education,

      13      is not the result that any of us want.

      14             I'm hopeful that you may be able to help to

      15      direct me to alternative funding that already exists

      16      within New York State budget, that can continue the

      17      kind of success that we have had.

      18             This is not a one-year success rate.

      19             This, we have been doing this for about

      20      20 years, so -- and with the teen outreach program

      21      fully functional for about five years.

      22             So, we have really shown the results.  It

      23      does make a big difference.

      24             And I would very much like any advice that

      25      you can give me on this.







                                                                   81
       1             As an administrator, I struggle every day

       2      with how to prioritize our services, between housing

       3      for women and children, and services to teen moms.

       4             I knowing that your job as senators is

       5      probably even more daunting than mine, in terms of

       6      making decisions related to this the State budget.

       7             I ask that you consider Lydia, and my

       8      testimony, and the impacts that the funding levels

       9      within New York State have on a very, very

      10      vulnerable population in our community.

      11             Thank you.

      12             SENATOR SAVINO::  Thank you.

      13             Lydia, we'd like to thank you for sharing

      14      your story.  You're reminding us of what these

      15      dollars actually do, and the difference they make

      16      in people's lives.

      17             On the teen-pregnancy issue, are you not at

      18      all frustrated by the fact that television has now

      19      glorified this?

      20             We have this weekly reality show now called

      21      "Teen Mom."  And they go out and recruit some

      22      15-year-old girls to show their -- and they become a

      23      reality -- like Jersey Shore.

      24             It's really outrageous, Senator Gallivan.

      25             And now they're on the front cover of







                                                                   82
       1      magazines.  You can't come out of the supermarket

       2      without seeing these girls and their babies, and,

       3      you know, they glorify them, and turned them into

       4      stars.

       5             Are you -- how do you, as a service provider,

       6      then, talk to a teenaged girl about this situation

       7      that she finds herself in?

       8             JEAN CARROLL:  Most of the young women that

       9      we're working with, they don't intend to become

      10      pregnant.  They really are not setting out with that

      11      as a goal in their life.

      12             Often, the biggest issue with the teen moms

      13      that we're dealing with is, really, the lack of

      14      guidance in their lives.  And, they're not seeing

      15      a future for themselves.

      16             Rochester -- the city of Rochester, which is

      17      where we provide our services, has the highest rate

      18      of teen pregnancy outside of New York City.  It is

      19      very, very high -- tenth -- in child poverty in the

      20      country.

      21             So, there are many forces that are at work

      22      that probably aren't very well reflected on the show

      23      that you see on cable, in terms of the challenges

      24      that these young women are up against.

      25             Often, they have not had the opportunity to







                                                                   83
       1      even get out of their own neighborhood, to see what

       2      the potential is for them, long term.

       3             So, a lot of it has to do with, working with

       4      these young women, to build themselves up.  To help

       5      them to develop a sense of their own future.

       6             And surprisingly enough, I have heard many of

       7      the young women say, that, now that they have a

       8      child, they have a better sense of responsibility,

       9      and look more to the future than they did before

      10      they became pregnant.

      11             SENATOR SAVINO:  I hope so.

      12             JEAN CARROLL:  They -- yeah, well, you know,

      13      you can't take anything for granted.

      14             SENATOR SAVINO:  No.

      15             JEAN CARROLL:  So, helping these young women

      16      on their way, you know, we can't change the fact

      17      that they have a child.

      18             We can certainly do everything that we can,

      19      in terms of primary prevention, which I think we

      20      should.  But once they have a child, the critical,

      21      critical issue, is making sure they get educated,

      22      not only get out of high school, but also continue

      23      for a post-secondary education, so that they can

      24      have a future beyond poverty, for themselves and

      25      that child.







                                                                   84
       1             So, that's what we're all about, is making

       2      that future happen.

       3             SENATOR SAVINO::  What is the cost to this

       4      program for your agency?

       5             JEAN CARROLL:  Well, I would say -- let me

       6      think.

       7             Usually, for each case manager, I would say

       8      it's about $50,000 for each school that we're in.

       9      And we're in seven different schools.

      10             So, 350,000, about, for the program.

      11             SENATOR GALLIVAN:  One question.

      12             And, Lydia, my thanks, also, for sharing your

      13      story with us.

      14             Regarding domestic-violence victims and

      15      emergency housing, and you may not know this off the

      16      top of your head:  Are you able to tell us what the

      17      average length, or the duration of, the services

      18      that you're providing for domestic violence

      19      victims, as it relates to housing?

      20             5 days?  100 days?  3 years?

      21             JEAN CARROLL:  Oh, no.

      22             We're pretty limited in terms of the services

      23      that we provide.

      24             We, generally, I would say the average stay,

      25      if it's an individual person, a single woman, it's







                                                                   85
       1      probably two weeks.

       2             If it's a family, it tends to be 30 to

       3      45 days.

       4             SENATOR GALLIVAN:  And, then, are you in all

       5      of those cases, or, can you put a percentage on the

       6      assistance?

       7             Are you providing assistance as they're

       8      transitioning -- transitioning, excuse me, out of

       9      the emergency housing?

      10             JEAN CARROLL:  We were.

      11             We are not currently able to do that

      12      because --

      13             SENATOR GALLIVAN:  Because of funding.

      14             JEAN CARROLL:  -- because of funding.

      15             That was another New York State Emergency

      16      Solutions Grant that was cut.

      17             We did, in the past, receive funding for

      18      staff that we had on site, that the women would get

      19      to know while they're there.  And then they would

      20      follow them after they left, for six months to a

      21      year.

      22             They would have, you know, at minimum, of

      23      every two weeks, meet with the women, to ensure

      24      that, once they leave our facility and move into an

      25      apartment, that they maintain housing stability, and







                                                                   86
       1      that they get other services in the community.

       2             So, it was a very de-institutional approach

       3      to serving the women, but still giving them

       4      supports.

       5             And, we've had to discontinue that, in

       6      November, when we didn't get additional funding for

       7      that purpose.

       8             SENATOR GALLIVAN:  All right, thank you.

       9             JEAN CARROLL:  Uh-huh.

      10             SENATOR SAVINO::  Thank you.

      11             We're going to take a two-minute break.  I'll

      12      be right back.

      13             But next up --

      14             SENATOR GALLIVAN:  And, Clyde Comstock will

      15      be next up.

      16                  [Pause in the proceeding.]

      17                  [The proceeding continued, as follows:]

      18             SENATOR GALLIVAN:  Okay, Clyde.

      19             SENATOR SAVINO::  You don't have to read the

      20      whole thing.

      21             CLYDE COMSTOCK:  Does this look a little

      22      long?

      23             SENATOR SAVINO:  Yes.

      24             CLYDE COMSTOCK:  My name is Clyde Comstock.

      25      I'm the chief operating officer for the







                                                                   87
       1      Hillside Family of agencies.  And, I'm also the

       2      president of the New York State Coalition for

       3      Childrens's Mental Health Services.

       4             And, particularly, I would like to welcome

       5      you to Rochester.

       6             Today is Hillside's 175th anniversary, on

       7      this very day.  So --

       8             SENATOR SAVINO:  Wow.

       9             CLYDE COMSTOCK:  -- thanks for coming to our

      10      birthday.

      11             SENATOR SAVINO:  You don't look a day over

      12      140.

      13                  [Laughter.]

      14             CLYDE COMSTOCK:  We have good water in

      15      Rochester.

      16             Hillside serves children and families in

      17      about 45 different locations; 120 different

      18      programs; 2,300 employees; 24 counties.  Our

      19      budget is about $135 million.

      20             And, we are licensed by nearly everybody that

      21      funds services for children and families:

      22      The Office of Children and Family Services, OPWDD,

      23      OMH, OASAS, and SED.

      24             There is a lot of advantages to Hillside,

      25      in being able to bring to our various communities







                                                                   88
       1      the wide range of services and regulatory bodies

       2      that we can offer services through.

       3             There are also some pretty serious

       4      disadvantages.

       5             We do have about 50 audits per year; so,

       6      virtually, every week we have somebody from a

       7      different piece of the State coming in to audit a

       8      different part of our programs.

       9             We also have our reporting, on a computerized

      10      level, happens through 15 different IT systems to

      11      the State, each of which has tried to solve their

      12      own particular problem in their own area, so that

      13      they make life easier for the people on the ground

      14      by having a computerized IT system.  But, the State

      15      systems don't talk to each other, nor do they all

      16      upload information from our own system, so, we end

      17      up reporting through these 15 different systems.

      18             So, it's one of our hopes, as the

      19      SAGE Commission dives into organizational

      20      complexity, is that they take a look at life on the

      21      ground for agencies that serve children and families

      22      whose needs really span all of the various funding

      23      streams.

      24             One of the issues that concerns us

      25      greatly at the moment is Medicaid.







                                                                   89
       1             That, as Medicaid, within three to

       2      five years moves to a managed system, to try and

       3      deal with the escalating costs of Medicaid that

       4      we've all read about, the challenges to this new

       5      system, to understand and meet the needs of children

       6      and families, particularly children and youth who

       7      have chronic mental-health needs that are beyond

       8      what the insurance companies have generally been

       9      used to, our system, the new system, is going to

      10      have to be able to really understand these chronic

      11      long-term needs of children and families, and also

      12      understand the difference between serving adults

      13      and serving children; and that primary difference

      14      is, that parents have a key role in the service

      15      system.

      16             And as these new products are getting

      17      designed around managed care, for the most part,

      18      they put the patient first.  But, with children, you

      19      really need to put parents right along with their

      20      children.

      21             New York, as we shift, I think Hillside is

      22      probably about a third Medicaid-funded; so, a little

      23      over $50 million worth of services are in Medicaid.

      24             All of the payers and regulations and

      25      requirements for that amount of money and that







                                                                   90
       1      amount of services, within three to five years, is

       2      going to change.

       3             So, we're going to be changing into:

       4             Increasing the Medicaid managed-care basic

       5      plans to the insurance companies;

       6             Regional behavioral health organizations.

       7      And, for Hillside, we deal with two regions: one

       8      in Syracuse, and one in the western part of the

       9      state;

      10             Health homes for adults over 18;

      11             Regional -- or, health homes for children

      12      that are currently being designed;

      13             The new APG system for outpatient

      14      mental-health services, that goes from about 3 or

      15      4 rates for children's outpatient, to well over

      16      25 different rates, for billing for those

      17      services;

      18             The medical homes;

      19             The developmental-care individual support-

      20      and care-coordination organizations, or, "discos,"

      21      as we know them through the OPWDD.

      22             So our worry, as all of this is changing --

      23      and each of those things that I mentioned are

      24      rolling out right now.  So, they're either in design

      25      phase or they're actually happening.







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       1             And our worry is:  Who's watching out for

       2      children and families' needs, as the systems that

       3      New York State has spent a long time building,

       4      carefully constructing, are going to all change into

       5      this new structure?

       6             It's going to require the legislature to pay

       7      particular attention to how this plays out.

       8             I have a somewhat detailed example of what

       9      it's like when managed care moves in, and what it's

      10      like for an organization, and what it's like for a

      11      child and family.

      12             In October -- starting in October, anytime we

      13      have non-typical psychotropic medications being

      14      prescribed, it has to get approved through a

      15      managed-care company.

      16             Conceptually, that makes some sense: have

      17      someone else taking a look at what the

      18      prescription -- what the prescribers are doing.

      19             The way it has played out, I'll just go

      20      really fast through this one:  December 19th, we had

      21      a child who had a prescription for Abilify written.

      22      He had been on it for four years.

      23             It was denied by MVP Option because it needed

      24      prior authorization.

      25             That was completed, and it was then denied,







                                                                   92
       1      because the diagnosis did not justify use.

       2             Made calls to MVP Option to see what else we

       3      needed to do.  They referred us to Medco.

       4             We made calls to Medco.  Got no calls back

       5      from them.

       6             December 21st, the child now had no

       7      medication.

       8             We then re-called MVP.  They then wanted a

       9      list of all past medication, back to before Abilify

      10      started.  And, they couldn't do an emergency fill.

      11             We then started to try and investigate who

      12      actually started Abilify, because the child had been

      13      in multiple placements and hospitals before they

      14      came into our service.

      15             School then closed, while we're still trying

      16      to do the research.  We were unable to reach anybody

      17      during that time.

      18             We finally found who first prescribed the

      19      Abilify; but then they said they had to go back

      20      four years -- two to four years, to find out what

      21      the story was, and it would take them a while to

      22      copy the records.

      23             January 11th, our psychiatrist finally

      24      decided that we couldn't wait any longer; we needed

      25      to switch medication.







                                                                   93
       1             So, the medication that the child should have

       2      been put on, they could not be.

       3             And the amount of time that our staff had to

       4      spend, virtually, doing nothing except trying to

       5      chase down how could we get the -- get anybody to

       6      actually hear the whole story; this, is our primary

       7      worry.

       8             Managed care done well could be very

       9      flexible.  Could allow us to do different things for

      10      kids and families that could be helpful.

      11             Done poorly, it will mean that we end up

      12      adding a whole layer of cost inside all of our

      13      organizations, to do this chasing, and, someone else

      14      who's actually on the other end of it will be

      15      getting paid to also do the following-up on each of

      16      these.

      17             So, it's going add a lot of cost, and needs

      18      to be watched very carefully.

      19             One of things I did want to bring up today,

      20      is that we recently lost funding, along with a

      21      number of other organizations across the state, in

      22      our Reinvesting in Youth Program.

      23             It was a statewide RFP that went out last

      24      year, to provide services for youth, to prevent them

      25      from going into the juvenile justice system.  It was







                                                                   94
       1      supposed to be a -- I can't remember if it was a

       2      3- or a 4-year contract.

       3             We were terminated before the end of the

       4      first year, as was every other program in the state.

       5             Hillside was a lead agency, with seven or

       6      eight other agencies across Monroe County, and was

       7      having a pretty good degree of success at keeping

       8      kids in their communities, and not having them go

       9      into the juvenile justice system.

      10             So, if there's any way to reinstate that

      11      program, that would be very helpful.

      12             At the same time that we have all of these

      13      challenges, there are a couple of budget items

      14      that we want to make sure we support.

      15             One is, the reauthorization of the child

      16      welfare financing;

      17             Second, is maintaining the community optional

      18      preventive services funding;

      19             And, third, is the new area of supporting the

      20      effort to incentivize the combination of private

      21      investment and public investment in the

      22      public-private partnership program.

      23             While all of these challenges are

      24      happening, the agencies on the ground are also

      25      looking at:  What can we do that will -- that could







                                                                   95
       1      innovate and change the life of our children and

       2      families?

       3             Hillside has been involved in two key areas

       4      with this.

       5             The first one is:  Family finding.

       6             We have, in our OCFS-licensed, mental-health

       7      licensed, and an OPWDD-licensed services, kids who

       8      have been in the system for many, many years.

       9             I just reviewed a child yesterday, who had

      10      32 placements over the course of her life; and she

      11      was 15 at the time, yesterday.

      12             We have a new methodology that we imported

      13      from California, that helps us find family

      14      members.  We use the Internet, and a number of

      15      other search methods, to find family members for

      16      kids who are entering the system: the OCFS, OPWDD,

      17      or mental-health system.

      18             Find their families, bring them to the table,

      19      help them plan for the child.  Be a resource, either

      20      to support a parent, so the parent can help take a

      21      high-needs child home, or, to actually be able to

      22      have that child be discharged into their own home.

      23             We have, in our initial pilot projects,

      24      where we do groups of 25 kids, we, and the counties,

      25      together, started off knowing about 100 family







                                                                   96
       1      members for those 25 kids.  That's all we knew

       2      about.

       3             By the time we finished the project, we were

       4      up to 1,000 family members, that we knew about,

       5      and that we could then reach out and bring them to

       6      the table.

       7             If we can do that successfully and early, we

       8      can dramatically shorten the length of stay for

       9      kids, and increase our success with kids and

      10      families, who really should -- or, kids who should

      11      not be growing up in the public system.

      12             The other creative services, that Hillside

      13      work-scholarship connection, that works with

      14      youth, generally, nine through twelfth grade, who

      15      are at risk of not graduating from high school.

      16             Hillside currently has about 3,500 kids

      17      enrolled in this program, in Buffalo, Rochester, and

      18      Syracuse.

      19             And we significantly improve the high school

      20      graduation rate and the college success rate for

      21      kids who enter the Hillside work-scholarship

      22      program.  That is partially funded through

      23      education, and through the COPS -- the various

      24      COPS funding streams.

      25             So, we would like to see that sort of







                                                                   97
       1      innovative program that's focused on high school

       2      graduation increase.

       3             Hopefully, I got that through in a hurry.

       4             SENATOR SAVINO:  We know we'll see you on

       5      Monday.  You will be -- either yourself or your

       6      agency will be testifying --

       7             CLYDE COMSTOCK:  Yes.

       8             SENATOR SAVINO:  -- at the Human Service

       9      Budget Hearing.

      10             CLYDE COMSTOCK:  Yep.

      11             SENATOR SAVINO:  I would, though, at some

      12      point, like to meet with you, to talk to you more

      13      about this "family finding" program, and see --

      14      downstate, the Children's Aid Society has been

      15      working on this chronic problem of young people who

      16      are aging out of the system into independence, but

      17      with no connections to the world.

      18             It's been a chronic problem in the

      19      child-welfare system everywhere, where young -- you

      20      know what happens.  They get to a certain age and

      21      you can't place them anymore, and they wind up

      22      living in the system until they're old enough to get

      23      out.

      24             It's a terrible way to spend your childhood,

      25      and it's a terrible way to be introduced to the







                                                                   98
       1      world.

       2             But, I think this is an interesting model,

       3      and I would like to spend some more time with you,

       4      on that.

       5             CLYDE COMSTOCK:  Great.

       6             And we have a training institute that we've

       7      developed a curriculum for.  So, we'll train other

       8      organizations, private agencies, or counties.

       9             And, the City of New York, actually, we're

      10      talking to at the moment.

      11             So, we would be happy to train anybody who

      12      would like to be able to do this as well.

      13             SENATOR SAVINO::  Thank you.

      14             CLYDE COMSTOCK:  Great.

      15             SENATOR GALLIVAN:  Thank you.

      16             See you Monday.

      17             SENATOR SAVINO:  Next is, Tim Weider, for the

      18      Child Care Counsel [sic].

      19             Come on down.

      20             TIM WEIDER:  I regret that I do not have

      21      something to give you today, because --

      22             SENATOR SAVINO:  That's -- okay.

      23             TIM WEIDER:  -- I didn't anticipate I would

      24      be able to be here because of my teaching schedule.

      25             You're also going to will be victims of my







                                                                   99
       1      policy, of never giving my students notes before

       2      the lecture, because I don't want them to

       3      distracted.

       4             Thanks for the opportunity to be with you.

       5             About a 20-minute drive from this room, there

       6      is a 12-foot razor-wired, double-gated fence.

       7             And behind that fence, children, in

       8      red-and-khaki uniforms, march single-file.

       9             Now, I taught in an adult prison for several

      10      years, many years.  It's no different.

      11             That facility is certified by the

      12      American Correctional Association.  It is a

      13      certified prison.

      14             The children in that prison, 80 to 90 percent

      15      of those children have multiple diagnostic labels:

      16      developmental, psychiatric, behavioral, and

      17      learning.

      18             And two-thirds are receiving psychotropic

      19      medication.

      20             95 percent of them, are children of color,

      21      who come from somewhat chaotic urban

      22      neighborhoods.

      23             So, from one perspective we might say, that

      24      we are incarcerating disabled children.

      25             The juvenile justice system has, for decades,







                                                                   100
       1      operated on a correctional model that came into play

       2      after the '90s, and it has not worked.

       3             And, fortunately, we have had a commissioner

       4      that acknowledged that:  That we must change, and we

       5      must better understand the behavior of these young

       6      people.

       7             And the research indicated that their

       8      behavior, for the most part, comes out of multiple

       9      experiences of trauma in their lives.

      10             And, so, OCFS began a process about

      11      four years ago, to change their system, from a

      12      correctional, to a therapeutic model.

      13             It was hopeful.  It was promising.

      14             And it's over.

      15             And, so, I'm here today, simply to speak for,

      16      probably, the most disenfranchised and fragile of

      17      our population who have no one to speak for them.

      18             Their parents are exhausted.

      19             First of all, I want to say that, in

      20      discussing the systems, I'm not discussing the

      21      staff.  The staff of OCFS are dedicated, caring, and

      22      hard-working.

      23             But the policies and the system must change.

      24             There's been the gradual understanding now,

      25      and I'm not sure whether it came from the budget







                                                                   101
       1      interests, or others, that were shifting juvenile

       2      justice away from facilities into the community.

       3             Now, we have been through reinvestment

       4      before.  The old OMRDD did it.  And back in those

       5      days, I helped close Craig Developmental Center,

       6      and create that OMRDD, now, that system.

       7             Not bad.

       8             Residential services, they're dealing now

       9      with some quality-of-care issues, but, not too bad.

      10             And then we moved on to reinvest in mental

      11      health.

      12             Not so good; as more and more people with

      13      mental-health issues are in the homeless shelters,

      14      and the prisons.

      15             And now we're talking about reinvestment of

      16      our juvenile justice system.

      17             And as the previous speaker alluded, there

      18      was a program here in Rochester called

      19      "Reinvestment in Youth," that, before it got through

      20      one year -- it was highly collaborative,

      21      community neighborhood-based, and successful.

      22             Before it got through one year, it was

      23      defunded.

      24             There's a sense right now that juvenile

      25      justice is in chaos.  There's no sense of a common,







                                                                   102
       1      rational plan.

       2             There's a sense that things are happening

       3      simply on the basis of the budget.

       4             The tragedy would be, balancing this budget

       5      on the backs of these children.

       6             We have to assure that every dollar saved, by

       7      closing those facilities and laying off those staff,

       8      is, in fact, reinvested at the community level.

       9             These youngsters represent, not only high

      10      human costs, but, indeed, high social costs, because

      11      the tragedy will be, they will either end up in a

      12      cell, or a coffin.

      13             Some of the issues we need to deal with is,

      14      first of all, collaborative planning.

      15             Albany has been making decisions and

      16      micromanaging, programmatically, for the local

      17      level, and it is not working.

      18             We need the folks in Albany to provide to

      19      come out into the community, and sit with the

      20      community resources and plan together.  And what

      21      works in New York City does not work in Rochester,

      22      New York.

      23             Number one.

      24             Number two:  Ten years ago, at one

      25      elementary school in Rochester, 41 percent of all







                                                                   103
       1      the students in that school were diagnosed with

       2      lead poisoning, and had certifiable permanent brain

       3      damage, that meant decreased cognitive functioning

       4      and decreased impulse control.

       5             The community responded by running to those

       6      houses and cleaning up the lead, but they never

       7      followed those children.  And ten years later, we

       8      don't know who those children were, but we do know

       9      that we have increased numbers of children in

      10      special education and juvenile justice.

      11             It is critical that we begin to follow those

      12      young people who have been placed at risk in urban

      13      neighborhoods.

      14             The incoming president of the

      15      American Academy of Pediatrics is a Rochester

      16      pediatrician, and this is one of his agenda items.

      17             And, therefore, we need to look at:  What can

      18      we do with State policy to support that process?

      19             We -- one of the biases that I -- I think

      20      it's some of the bias -- is that young people need

      21      be returned to their families.

      22             As a sociologist, I kind of see that as kind

      23      of a nice middle-class concept.  But the reality is,

      24      the families of these youngsters are emotionally

      25      drained and exhausted.  Okay?







                                                                   104
       1             And, therefore, even though we must reach

       2      out, because, if you find a traumatized child, you

       3      find a traumatized parent.  We clearly need to reach

       4      out to those parents and families, but we need a

       5      community-based residential resource for many of

       6      these youngsters, who are released from a facility

       7      and disappear within the first six months.

       8             There is at least four kids from this

       9      community, today, we don't know where they are.

      10             There is an empty group home in Brighton,

      11      kind of an upscale community, that's has sat empty

      12      for the last, at least, five or six years.  Okay?

      13             But we need that kind of resource as an

      14      intermediary between the fence and the family.

      15             At the same time we're talking about

      16      reinvesting in the community, we are defunding the

      17      community's resources.

      18             We can't defund the Youth Bureau at the same

      19      time we're saying, we need to provide these services

      20      at the community level.

      21             That's where this collaborative planning;

      22      that's where folks need to come out of Albany, come

      23      into the community, understand the resources in that

      24      community, and begin to build a rational, healing

      25      system for these young people.







                                                                   105
       1             There is a group that was functioning under

       2      the aegis of the Rochester City School District and

       3      the local Department of Human Services, that did

       4      some research on young people in these systems.

       5             And one of the recommendations was, providing

       6      resources that follow the child.

       7             So rather than fund programs, fund the

       8      child, and have those resources that follow that

       9      child respond to the specific needs of that

      10      particular child.

      11             It's a funding mechanism that's more

      12      person-centered.  Okay?

      13             So, number one:  Collaborative planning,

      14      together with the community, in terms of:  What is

      15      the future of juvenile justice?  And, how can we

      16      create that future together, not mandated from

      17      above?

      18             Number two:  We must understand the behavior

      19      of these young people in a non-criminal context.

      20             And that means, their trauma history, and

      21      the potential for lead poisoning.

      22             Number three:  We need to look at residential

      23      settings in the community, as an intermediate

      24      step, perhaps, between facility and family.

      25             Number four:  We need to assure that







                                                                   106
       1      reinvestment is genuine reinvestment, and not a

       2      mechanism to solve our budgetary problems.

       3             And, finally:  A potential for serving young

       4      people in the community, is to have a mechanism

       5      whereby the funding follows the youth, and is

       6      based, ultimately, on:  What are the needs of the

       7      particular -- of an individual youth, as well as,

       8      what are their strengths and competencies?

       9             It's through that kind of mechanism that we

      10      can fund programs like, a teen empowerment, the

      11      Youth Bureaus, and others, that can be those

      12      resources in the community.

      13             Thank you.

      14             SENATOR SAVINO::  Thank you.

      15             As you point out, juvenile justice reform is

      16      going to be one of the most complicated things that

      17      we are going to be taking up.

      18             And, unfortunately, up until now, the

      19      discussion really has been about money:  Who pays

      20      for it?  Who -- who shouldn't?

      21             And, you know, unfortunately, for us in

      22      New York City, the majority of the kids who are

      23      placed upstate, in facilities, are from the city of

      24      New York.

      25             TIM WEIDER:  Exactly.







                                                                   107
       1             SENATOR SAVINO:  There is a real desire to

       2      bring them close -- actually, the program, they want

       3      to call it, is, "Close To Home."

       4             TIM WEIDER:  Sure.

       5             SENATOR SAVINO:  And, towards that end, the

       6      city has taken DJJ as a separate agency, that was

       7      correction-based, and merged with it the

       8      Administration for Children Services.

       9             I'm not sure how it's going of work yet, but

      10      their hope is, bring the kids home, it will cost the

      11      City less money.  We'll put services in place at the

      12      community level.

      13             They're not quite there yet, though, but it

      14      will have an impact on the City programs.

      15             TIM WEIDER:  Well, let me provide with you an

      16      opportunity.

      17             Monroe County, I believe, is the only county

      18      in the state that has its kids, in OCFS, in our

      19      county.

      20             So, the kids from this county are out in

      21      Rush, New York, at the Industry Residential Center;

      22      and, therefore, they're close to their families,

      23      they're close to their home, and they're close to

      24      the communities and neighborhoods that they're

      25      going to be returning to.







                                                                   108
       1             So, we can build that model here.  We've got

       2      that leg up.

       3             SENATOR GALLIVAN:  I would like to go, kind

       4      of the beginning of your testimony; and you talked

       5      about, four years ago, there was a movement from

       6      a -- for a juvenile justice correctional model, a

       7      therapeutic model, and it's over.

       8             TIM WEIDER:  Yeah.

       9             SENATOR GALLIVAN:  Why's it over?

      10             I mean, what --

      11             SENATOR SAVINO:  What happened?

      12             SENATOR GALLIVAN:  -- what happened --

      13             TIM WEIDER:  What happened?

      14             SENATOR GALLIVAN:  -- what happened, that

      15      turned it from the direction that you think is the

      16      proper direction, to the opposite direction?

      17             TIM WEIDER:  Essentially, the budget.

      18             So, what happened was, when -- four or

      19      five years ago, when OCFS looked at the research,

      20      what they found was, again, that the behavior of

      21      many of these young people was based on the trauma

      22      they've experienced.

      23             If I grew up in a neighborhood where I

      24      regularly hear gunfire; if I personally know people,

      25      even family members who have been shot and murdered,







                                                                   109
       1      including kids, okay; if I lived in a household

       2      that's food-insecure, okay; if I'm seen as a failure

       3      in school -- et cetera, et cetera -- those are

       4      multiple areas of trauma that, in fact, change the

       5      brain structure of that child, that leads to their

       6      behavior.

       7             So, based on that research -- two of us went

       8      down to outside of New York City and were trained in

       9      trauma-informed intervention, using the sanctuary

      10      model.  Okay?

      11             And there were experts in that

      12      trauma-informed model that came into the facility,

      13      and began to train -- spent a whole year training

      14      the staff, because we need to -- as adults, and

      15      staff, need to know our trauma before we understand

      16      the kids' trauma.

      17             So, a great investment.  Okay?

      18             And then, only after the staff were trained,

      19      did we begin to roll that out with the young people

      20      in the facility.

      21             A wonderful model; it began to show success.

      22      Okay?

      23             They began -- I told the --

      24      Sandra Bloom [ph.], who was the psychiatrist at

      25      that -- who was responsible for this model, that:







                                                                   110
       1      You know, you can do this in the facility, but, send

       2      them back to the neighborhood and it will last about

       3      six seconds.  That we need to have that same

       4      perspective in the neighborhoods.

       5             That process began, okay, very hopeful.  And

       6      then the budget hit.  And we haven't seen those

       7      folks from Sanctuary Initiative in, probably,

       8      almost a year.

       9             So, we need to revisit that, okay, and

      10      reinstitute, and continue New York State along that

      11      pathway.

      12             SENATOR SAVINO::  Thank you.

      13             TIM WEIDER:  You're welcome.

      14             SENATOR GALLIVAN:  Thank you.

      15             SENATOR SAVINO:  Next is, Garth Freeman, from

      16      Monroe County Runaway Group Continuum.

      17             GARTH FREEMAN:  We have a whole bunch --

      18             SENATOR SAVINO:  Yeah, the kids are coming

      19      too; right?

      20             Yeah, come on down.

      21             CJ MOLLIS [ph.]:  Hi.  My name is

      22      CJ Mollis [ph.], and I would like to thank

      23      Senator Savino, and Gallivan, for hosting this

      24      forum, and for the outgoing commitment to the youth

      25      service and social service throughout New York







                                                                   111
       1      State.

       2             MALIKA:  My name is Malika [unintelligible],

       3      and I would also like to thank you two Senators, and

       4      their staff, for bringing this event to Rochester.

       5             Today we will like to speak about the

       6      importance and the impact of positive youth

       7      development, and runaway and homeless youth service,

       8      programs funded by the New York State Office of

       9      Children and Family Services.

      10             CJ MOLLIS [ph.]:  Youth Bureau system has

      11      provided generations of New York State youth with

      12      quality programs that have given youth, like me, the

      13      opportunity to develop leadership skills, and

      14      become engaged and connect with my community.

      15             I am currently the co-chair of Youth As

      16      Resources, a youthful [unintelligible] program of

      17      the Rochester, Monroe County, Youth Bureau, that is

      18      funded through OCFS.  I have been involved in the

      19      program for over three years.

      20             I am also involved in TLI, and other

      21      community programs.

      22             MALIKA:  I have been a board member of Youth

      23      As Resources, also known as "YAR," for over

      24      three years.

      25             CJ MOLLIS [ph.]:  We look to you and your







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       1      colleagues to be stewards and -- of these funds, and

       2      need you to be champions of all youth, and our

       3      state, and beyond.

       4             So, here are some facts.

       5             Youth Bureau funding consists of

       6      three funding streams:  Youth development, and

       7      delinquency intervention; special delinquency

       8      prevention program; and, Runaway and Homeless Youth

       9      Act.

      10             If we look at the Governor's proposal for

      11      2012 and 2013 budget, these three funding streams

      12      for the Youth Bureau in New York State will be cut

      13      at 62 percent -- 62 percent since 2007 and 2008.

      14             MALIKA:  The entire proposed New York State

      15      fiscal year 2012-2013 budget is $132.5 billion.

      16             The proposed budget for New York State youth

      17      development, and runaway and homeless youth,

      18      programs is 16.4 million; or, expressed as

      19      percentage of a whole, .12 percent of the entire

      20      proposed budget.

      21             The language in the current proposed budget

      22      makes it sound like this budget will even provide

      23      funding from last year.

      24             That is misleading, and the, State-,

      25      local-elected officials needed to be made aware of







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       1      the following facts:

       2             Our programs were cut 50 percent over the

       3      two years, in 2011-2012 budget.

       4             So, today, we are looking for another

       5      25 percent cut from the total associated in

       6      2010-2011.

       7             Simple.  Right?

       8             CJ MOLLIS [ph.]:  Actually, the cuts in the

       9      years's budget are a 33 percent cut from last

      10      year's allocation.

      11             Again, super.  Right?

      12             Unfortunately, no.  It's not simple, at all.

      13             And this is why we are urging you to share

      14      and help clarify these facts with your colleagues in

      15      Albany.

      16             And, importantly, to take us by -- supporting

      17      us, in and reinstating a $60 million to

      18      youth bureaus in New York State.

      19             MALIKA:  So back to the Youth Bureau funding,

      20      and the proposed in the 2012-2013 budget:  If

      21      passed, as is, allocates $4.44 annually, per

      22      month, ages 5 to 18, and our services really

      23      impact youth, up to 21, and beyond.

      24             That's a little more than one cent per day.

      25             Split up among all New York State







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       1      taxpayers, let me be clear:

       2             1 percent, per day, dividend among all

       3      New York State taxpayers.  Not a penny out of each

       4      person's pocket each day; one penny spent by all

       5      taxpayers.

       6             What if it was all, two cents per day?

       7             I'm just saying.

       8             CJ MOLLIS [ph.]:  So what happens when these

       9      programs and services are not funded?

      10             We believe in -- and evidence supports,

      11      that it puts our youth in greater risk of engaging

      12      in high-risk behaviors, like, drug use, violence,

      13      and as the name of the funding stream suggests,

      14      delinquency.

      15             Remember to that -- Remember, too, that these

      16      funding streams also support emergency shelter and

      17      crisis intervention programs that provide a safe

      18      bed and supportive environment for most vulnerable

      19      youth.

      20             Without these funds, youth shelters' beds and

      21      support services will be decreased.

      22             Youth will find themselves without place to

      23      stay, will be forced to put themselves in an unsafe

      24      situation that jeopardizes their future, and our

      25      future as a community.







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       1             MALIKA:  The financial cost to New York State

       2      taxpayers are also undeniable.

       3             Compared to the $4.44 per youth, annually,

       4      for the youth bureaus, to the 120,000 annual cost of

       5      keeping a youth in the secured detention.

       6             We know that these programs can't end.

       7      They're there for all juvenile detentions.

       8             But, if we could keep just one young person

       9      out of detention, we can save taxpayers,

      10      literally, hundreds and thousands of dollars per

      11      year.

      12             CJ MOLLIS [ph.]:  You may be thinking that

      13      someone else prepared these remarks, and that Malika

      14      and I are just a mouthpiece for these positions.

      15             And, in some ways you're right.

      16             However, in most ways you're wrong.

      17             We met with our adult support staff at the

      18      Youth Bureau and talked about these issues, to learn

      19      the vocabulary, terminology, and the numbers, to

      20      gain insight into the government system, and

      21      community needs; and to formulate our own opinions

      22      about what is important for ourselves, and our

      23      neighbors, communities, and the state of New York.

      24             I am a proud member of Youth As Resources, a

      25      program that is funded by New York State OCFS,







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       1      because it has impacted my life.  It has impacted my

       2      family's life.

       3             I have bettered my education.  I have the

       4      support that I do need, to move on in my life, and

       5      move from the things that I have struggled with

       6      before.

       7             I get to do things, I have the opportunities

       8      to do things, that most youth my age do not have the

       9      chance, and most adults that are older than me

      10      have not got a chance to do.  Like, doing

      11      interviews; and coming to these things; and going to

      12      conferences, traveling around the United States.

      13             I have been to Atlanta, I have been to

      14      Cincinnati, so far.  And, I will be going to Albany.

      15             So this is something that I keep dear to my

      16      heart.

      17             I have been part of Youth As Resources for

      18      five years, because I love it, and because these

      19      things are important to me.

      20             MALIKA:  That is how our youth programs

      21      function.  We work in partnership with adults, to

      22      learn and gain the valuable skills and experiences

      23      that will serve us today, and into the future.

      24             If I was not involved with YAR, I wouldn't be

      25      able to stand in front of you today to present this







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       1      information.

       2             Maybe, but I know, that without this group,

       3      and other youth groups like it, I would not be the

       4      person I am today.

       5             I am a proud member of YAR, and a program

       6      funded by New York State OCFS, because it is helped

       7      me to become a better person.  And, I also have, you

       8      know, I've also become better in my education.  It's

       9      given me more family support, and social support.

      10             And, also, to provide this information for

      11      you is a great opportunity, because, people also my

      12      age, you know, they don't get to have this

      13      opportunity as I do.  And, it's a great opportunity

      14      for me.

      15             CJ MOLLIS [ph.]:  Youth As Resources is the

      16      family.  And without this support of you, and all of

      17      the other senators, and stuff, and the funding that

      18      we need, we would not be together as we are.

      19             We are -- it's just a big family in the

      20      Youth Bureau.  And, it's something that we do need,

      21      in the county, in the state...youth bureaus all

      22      over.

      23             TRISHA GLYKOFF [ph.]:  Hi.  My name is

      24      Trisha Glykoff [ph.].

      25             I have relied on homeless youth services more







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       1      than once, and have got much support from homeless

       2      youth services.

       3             Shelters for homeless youth give children

       4      an immediate safe place to stay, rather than staying

       5      in an environment where CPS is involved, and the

       6      child just has to wait for them to investigate while

       7      they're still in an unsafe place.

       8             Shelters are immediate.  It's very

       9      important for youth to feel like they have somewhere

      10      to go if they feel unsafe.

      11             There are a lot of homeless youth today that

      12      not a lot of people recognize, and they don't pay

      13      attention to it as much.  So, they don't think that

      14      shelters are important, or the services are that

      15      important.

      16             And, youth services provide counseling,

      17      support, for the homeless, and, just emotional

      18      support too.

      19             If there weren't services like this, I

      20      personally don't know what I would have done,

      21      because they give you emotional support, and they

      22      help you through everything.

      23             SENATOR SAVINO::  Thank you.

      24             SENATOR GALLIVAN:  Thank you.

      25







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       1             SENATOR SAVINO:  I know, for both

       2      Senator Gallivan and I, these programs are top of

       3      our list of restorations.  There's not a lot of

       4      money, statewide.

       5             You know, last year we were very disappointed

       6      to see the Governor cut the Runaway Homeless Youth

       7      Program.

       8             We're got a lot of support from our

       9      colleagues in other parts of the state, and county

      10      governments, and City of New York, to demand the

      11      restoration of this money, because, as you pointed

      12      out, it could be the difference between life and

      13      death for a young person who has to leave home

      14      because they're in danger.

      15             Thank you.

      16             The big people back there, do you have

      17      anything to say?

      18             BILL GUTSCHOW:  I just wanted to say -- my

      19      name is Bill Gutschow.  I'm the program manager of

      20      the Salvation Army's Genesis House, a runaway

      21      homeless youth shelter that serves ages

      22      16 to 20.

      23             You mentioned earlier in this hearing, or,

      24      beginning of the hearing, you know:  What do you do,

      25      more with less?







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       1             SENATOR SAVINO:  Uh-huh.

       2             BILL GUTSCHOW:  And a lot of our shelters

       3      have been doing more with less.

       4             Since 2009, when funding started to get cut,

       5      we have seen a 20 percent increase in the need for

       6      services.  So, we received 80 percent cuts, and

       7      receive 20 percent increase.  And we've worked with

       8      that amount of need.

       9             We have decreased staff to the lowest, per

      10      OCFS regulations, but we have maintained bed space.

      11             Additional cuts in fundings could result in

      12      loss of beds for the Genesis House.

      13             And that's what we just wanted to call the

      14      attention to, you, for coming today.

      15             Thank you.

      16             SENATOR SAVINO:  Thank you.

      17             SENATOR GALLIVAN:  Thank you.

      18             UNIDENTIFIED SPEAKER:  I would just like to

      19      add, I want to echo, [unintelligible], and everybody

      20      coming up here today, around, permanency.

      21             The runaway and homeless youth services, for

      22      years, have provided that safety net for these

      23      other systems -- for CPS, for foster care, for

      24      juvenile justice systems -- where we, either,

      25      catch youth coming out of them, or we're helping







                                                                   121
       1      youth avoid them, or we're helping youth reconnect

       2      to the services and the systems that can really help

       3      them.

       4             And we do it really efficiently, and for not

       5      a lot of money.

       6             And, so, I think that it's important, when

       7      we're thinking about that permanency, with Hillside

       8      was talking about the family finding, runaway and

       9      homeless youth services have had to do it for years.

      10             Most of the young people we work with, go

      11      home.  That, we're creating those bridges, and

      12      building those connections, and those permanent,

      13      life-long situations where these young people can be

      14      successful.

      15             UNIDENTIFIED SPEAKER:  Thank you.

      16             UNIDENTIFIED SPEAKER:  So, I'm going to add

      17      something --

      18             And is this on?

      19             SENATOR SAVINO:  Yes, that's on.

      20             A COUNCILWOMAN:  Okay.

      21             How are you?

      22             Is it okay?

      23             I can also shout, you know that.  You folks

      24      know me.

      25             And I'm a city councilwoman.  I'm on your







                                                                   122
       1      side an awful lot.  So, I'm so grateful that you're

       2      sitting here all day, and your words are so

       3      heartwarming.

       4             We're going to give you a speaking-out piece

       5      that actually appeared in a very timely way.

       6             You may actually have it.

       7             It's not my story.  It's Kendra's story.

       8             And Kendra came to the Center for Youth,

       9      where I am the executive director, when she was in

      10      her mid-teens, totally without family support.

      11             And, today, at 24 --

      12             And this, of course, is in celebration of her

      13      24th birthday.

      14             -- she's holding a diploma from RIT.  She's

      15      enrolled in graduate school, here in the community,

      16      and, she's working, which is why she's not here

      17      today.

      18             She calls me "mom."  My kids are jealous.

      19      That's okay.

      20             So, Kendra is the reason I'm here, because,

      21      we kept her out of systems.  We kept her in

      22      cost-effective systems that made an impact on her

      23      life.

      24             And you both know, I mean, this is not news

      25      to you:  We already are not able to meet the need.







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       1             At the Center for Youth, we are the only

       2      agency that can take emergency foster -- emergency

       3      homeless -- not foster -- emergency homeless kids,

       4      12 to 15.

       5             In the last two years, we turned away as many

       6      as we took.

       7             A 12- to 15-year-old cannot be on the

       8      streets.  It's just not acceptable in our

       9      community, and in our state.

      10             I know you don't want that.

      11             We don't want that.

      12             In fact, OCFS has tried so hard to work with

      13      us, that they added a thirteenth bed when we asked

      14      them to give us another bed.

      15             So, they got it.

      16             And that's, of course, is the irony:  Adding

      17      a bed in a shelter at the same time you're taking

      18      away funding.

      19             We will not close our doors.

      20             We will not.

      21             But we can't keep the kids, the number of

      22      kids we need in our system, without your support.

      23             We can't take another 25 percent cut.  The

      24      youth bureaus can't take the cut.

      25             If they try to hold us harmless, they'll hurt







                                                                   124
       1      something else.

       2             We're all in this together.  We're in a big

       3      boat, and if you make a hole, here, we're all going

       4      go down.

       5             So, read about Kendra.  I wish she was here,

       6      so you could say "Happy Birthday" to her.

       7             She spent her 24th birthday in Las~Vegas, so

       8      it made me a little nervous.

       9             SENATOR SAVINO:  Good for her.

      10             A COUNCILWOMAN:  But you know, what?

      11             She won, and she's back, and she had the best

      12      time.

      13             And that's what 24-year-olds do.

      14             And when I met her at 15, I had my doubts

      15      about whether she would live to 24.

      16             SENATOR SAVINO:  How much of your budget do

      17      you -- are you able to derive from private

      18      donations, philanthropy?

      19             A COUNCILWOMAN:  We leverage -- I mean, let

      20      me tell you about United Way, just for that.

      21             United Way is leveraged dollars, at this

      22      point.

      23             And I think this is embarrassing:  Our

      24      United Way allocation is more than you're giving me

      25      from OCFS for my homeless shelter.  More than.







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       1             When I started at this agency 10 years ago,

       2      we had $333,000.

       3             If you cut us, the way you're projected,

       4      we're at $187,000 dollar.

       5             United Way allocation for my shelter,

       6      two twenty-seven.

       7             So I'm leveraging every second.

       8             We have private donators, funders, who

       9      give us whatever they can, but it's not going help.

      10             The other thing is, that we -- and I hope

      11      you -- I invite you back, both of you, for

      12      Fashion Week.  We run something called

      13      "Fashion Week."  We raise money.

      14             We do everything we can to leverage our

      15      dollars.  At some point, the inn is full.

      16             I'm just so grateful for your work, and,

      17      thanks so much.

      18             SENATOR SAVINO:  Thank you.

      19             SENATOR GALLIVAN:  Let me ask:  The kids that

      20      you're turning away, where do they go?

      21             A COUNCILWOMAN:  That's a good question.

      22             They couch-surf.  They end up back in unsafe

      23      situations.  We see them on street.  They end up

      24      hanging out with older kids in incredibly unsafe

      25      situations.







                                                                   126
       1             Then you have another level of crisis and

       2      trauma.

       3             So, we can't keep them safe.  That's the

       4      whole point.

       5             Everybody says:  Where do they go?

       6             They go back where they were, which was

       7      unsafe to begin with.

       8             The other thing is, our shelter's completely

       9      voluntary.  There are no mandates.  So, you know

      10      those kids are coming to us in pretty desperate

      11      situations, on their own.

      12             So, they're staying in places, they're

      13      doubling-up.  They're sleeping on the streets.

      14             You know, we've had a mild winter, but, it's

      15      still Rochester.

      16             So, thank you, Senator.

      17             SENATOR GALLIVAN:  Thank you.

      18             BILL GUTSCHOW:  [Unintelligible] to say is,

      19      abandoned houses, where drug abuse is prevalent, as

      20      well as any other type of delinquency.

      21             Obviously, the heat and utilities are not on

      22      so it's still cold in the houses.

      23             I believe earlier this year, a 17-year-old

      24      youth was -- they found dead in one of those houses.

      25             So what we -- the Genesis House, as well,







                                                                   127
       1      turns away over 150 youth a year, due to being

       2      full.

       3             And, they will find places to go, but not

       4      home, and not somewhere safe.

       5             SENATOR GALLIVAN:  Okay.  Thanks everybody.

       6             A COUNCILWOMAN:  Thank you, Senators.

       7             BILL GUTSCHOW:  Thank you for your time.

       8             SENATOR SAVINO:  And our last speaker is,

       9      Dan Ross, from the Children's Agenda.

      10             DAN ROSS:  Tough act to follow.

      11             Thank you for accommodating me, despite a

      12      foul-up on our end in making the appropriate

      13      arrangements.  I appreciate it.

      14             SENATOR GALLIVAN:  Glad you're here.

      15             Dan Ross:  I'm Dan Ross.  I'm chair of the

      16      Children's Agenda policy committee.

      17             The Children's Agenda is a local, small

      18      not-for-profit organization.  We do two things,

      19      basically:

      20             We advocate for evidence-based programs,

      21      and we do analysis of city and county and,

      22      hopefully, school district, and in future budgets.

      23             To maintain our objectivity, we do not accept

      24      funds from either government agencies or from

      25      service providers.  So, it's philanthropic, and a







                                                                   128
       1      lot of hard work to get a little money.

       2             We're a very small organization.

       3             Before I retired, I was the director of

       4      Child and Family Services for the Monroe County

       5      Department of Social Services.  So, I know many of

       6      the issues that people have been talking about

       7      today, in some ways a little better than I would

       8      like to.

       9             This decade, the twenty-first century, has

      10      been terrible for families and children.  It really

      11      has.

      12             The report I gave you is a local one, modeled

      13      on some work that I think Nick Kristof did at

      14      "New York Times," talking about "the lost decade."

      15             But, we have data from Monroe County, and,

      16      things are not getting better, they're getting

      17      worse.  And there's some areas where they're getting

      18      better, but, they're getting worse.  And we

      19      really -- really need to pay attention to that.

      20             We've also done a brief overview of the

      21      Governor's objective budget.  I'm going to have to

      22      mail that to you because, someone is out sick today

      23      and we're sort of playing catch-up.  But, I will do

      24      that.

      25             I'm going to talk about, in fairly general







                                                                   129
       1      terms, about four issues facing our families.

       2             One is, child care;

       3             One is, home-visiting programs;

       4             One is, homeless -- runaway and homeless

       5      youth services;

       6             And one is, services for children with

       7      special needs.

       8             I may actually weave my biography into this

       9      because it fits in some cases.

      10             Ten years ago, there were 12,000, slightly

      11      more, children in -- receiving daycare subsidy in

      12      Monroe County.  It's down to about 7,000.

      13             Jackie's figures are probably more accurate

      14      than mine, but it's close to a 50 percent reduction.

      15             One of the very first things I did when I

      16      came to Monroe County -- I was hired as a planning

      17      coordinator -- was -- and this was during the budget

      18      cuts during the early '80s, and we cut subsidized

      19      daycare for a large number of families then.

      20             My first task was to try to track those

      21      families.  And we tracked them, and we had a

      22      comparison group that we could compare them to.

      23             We went in, and -- because of what everyone

      24      said, and you have heard this is:  They'll go off

      25      welfare.  They'll go into welfare.  They'll quit







                                                                   130
       1      working, and go into welfare.  Well, they can't do

       2      it.

       3             And beyond that, families really want to

       4      work.  Parents want to set a good example for

       5      their children.  They want to be productive

       6      members of society.

       7             So they did not -- the rates of people going

       8      onto public assistance were no higher than they were

       9      before the programs were cut.

      10             What did happen, though, frightens me; and

      11      that is, that children became latch-key children.

      12      Children became kids who were at home, being cared

      13      for by an older, nonetheless, pre-adolescent

      14      sibling.  They became kids who spent time in four or

      15      five different care settings each week.  Grandma's

      16      one day, an aunts's another day, the neighbor when

      17      the neighbor could do.

      18             And we all know, the evidence is

      19      overwhelming, that what children need in those early

      20      years of development is, a consistent, loving,

      21      knowledgeable caregiver: a parent, a grandparent,

      22      a daycare provider.

      23             But, consistency, is really critical.

      24      Otherwise, you just don't get the kind of

      25      development you should have.







                                                                   131
       1             We make up for some of that in Monroe County

       2      with what is, arguably, the best pre-K program in

       3      the nation, that meets international standards,

       4      but, we're playing catch-up.

       5             We realize the problem is driven largely by

       6      the lack of federal funds.

       7             Monroe County invests more than it's required

       8      to, in child care.  New York State is investing a

       9      little more than it's required to, in child care.

      10      But, we need to figure out ways to do better.

      11             And, more importantly, I think we need to

      12      work together, to ensure some increase -- seems

      13      unlikely, but I'm always hopeful -- in federal

      14      funds, because that's the backbone of this service.

      15             I was very fortunate that I was supervising

      16      day care here, when -- or administering it, when the

      17      rule was:  Okay, if you can spend it, we'll

      18      reimburse you.

      19             And we grew the program to, thirteen,

      20      fourteen thousand kids.

      21             That's no longer the case.

      22             Those were all people who need.  It's

      23      probably the best indicator of the magnitude of the

      24      need:  The number we were serving who meet the same

      25      criteria, in theory, that we have now.







                                                                   132
       1             Second issue: home visiting.

       2             Monroe County is actually the home of the

       3      nurse-family partnership.

       4             Began 30 -- more than 30 years ago, at the

       5      University of Rochester.  The initial work was in

       6      Kentucky.  It's been replicated throughout the

       7      country.  And it's finally come home to

       8      Monroe County, and, to New York City.

       9             There's a big home -- there's a big

      10      nurse-family partnership program in New York.  We

      11      joined Mayor Bloomberg in supporting $5 million, to

      12      be dedicated to funding for the nurse-family

      13      partnership.

      14             But we strongly believe that the best

      15      long-term solution is to heed the Medicaid Redesign

      16      Team's recommendation to make NFD a fully covered

      17      Medicaid-preventive service for high-risk,

      18      first-time mothers, and their children.

      19             And we urge that that program be extended, I

      20      suppose, through, say, State Health Insurance

      21      Department, to private insurers.

      22             Building this kind of care into medical care

      23      is sensible, appropriate, and would really help the

      24      issue.

      25             Services for runaway and homeless youth:







                                                                   133
       1             Shelters are a part of the safety net, and

       2      the safety net is frayed.

       3             We don't want to wait for a law, a new law,

       4      to be named after an adolescent who died on the

       5      streets.  But we're going to get one if we don't

       6      pay more attention to those service.

       7             Kids need a safe place to go.

       8             I was -- this goes back a long way -- but I

       9      was chairman of the board of the Center for Youth,

      10      who you just heard speaking, a long time ago, when

      11      we bought the place that's the shelter now.

      12             It's a wonderful home.  It's a marvelous

      13      place for kids in need to be.

      14             And we need to be able to meet the needs of

      15      those kids.

      16             We cannot -- "we cannot" -- afford a

      17      33 percent reduction.  We can do better.

      18             Children with special needs:

      19             Through an accident of fate, I was

      20      responsible for Monroe County's Early Intervention

      21      Program for about three years.  And during -- so I

      22      really know how rapidly it has grown, and how

      23      expensive it has become.

      24             Nonetheless, I believe there are

      25      opportunities for us to become more efficient, to







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       1      save money, and to continue to provide top-quality

       2      services.  But we can't simply cut our way to

       3      quality.  We need some time -- some time, and spend

       4      some real energy, figuring out how to do these

       5      services better.

       6             Let's slow down just a little bit, improve

       7      the system.

       8             And we'll run into resistant service

       9      providers who say:  You can't do it better.

      10             But, we've been through that.

      11             We can do it, if we spend some time on it,

      12      and some energy on it, and we don't do the cuts up

      13      front.

      14             Make sure that we do the work effectively in

      15      the long run.

      16             Figuring those out will be difficult, but we

      17      can do better.

      18             And, finally, it's not really a program, but

      19      it fits in with the agenda of the

      20      Children's Agenda:  We really believe strongly in

      21      the importance of evidence-based programs.  And we

      22      advocate for them.

      23             Most of the programs that we work for are

      24      evidence-based.

      25             Good information about evidence program --







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       1      evidence-based programs is widely available now.

       2             There's a federal government center that

       3      collects it.  The legislature of the state of

       4      Washington has had a standing policy group doing

       5      work on evaluating evidenced programs for 10 to

       6      15 years.  There's additional work being done in

       7      California.

       8             You don't need to reinvent the wheel.  You

       9      need to figure out what's out there, that meets the

      10      needs of the group you're trying to work with, and

      11      take advantage of it.

      12             I also need to say, because, sometimes when

      13      people talk about evidence-based, it's been

      14      asserted, we don't always have to meet the highest

      15      evidentiary standards.  There is not going to be a

      16      double-blind experimental study for every kind of

      17      program.  And some of them don't need it.

      18             I would argue, the Center for Youth Services

      19      Runaway Shelter doesn't need it.  But what you need

      20      for them, is to make sure kids are safe, and, track

      21      outcomes.

      22             But, you should try, in any program, for the

      23      highest possible standard of evidence-based that is

      24      applicable to that program.  And that means, doing

      25      some work -- the state bureaucrats are pretty good







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       1      at some of this -- at figuring out:

       2             What is working other places;

       3             What the cost benefits are;

       4             And, then, probably biding -- and this isn't

       5      in here -- but what may be the most difficult bullet

       6      for people like you, and that, is:  The realization

       7      that costs are always in the short run, and benefits

       8      are always in the long run; and it really creates

       9      a dilemma for all of us.

      10             Thank you for your time.

      11             SENATOR GALLIVAN:  Thank you.

      12             SENATOR SAVINO::  That's it.  We're done.

      13             SENATOR GALLIVAN:  We're good.

      14             SENATOR SAVINO:  Yeah, we're done.

      15             SENATOR GALLIVAN:  Well, we thank those of

      16      you that have remained, for being here, and

      17      everybody who testified.

      18             Thanks.

      19

      20                  (Whereupon, at approximately 3:25 p.m.,

      21        the jointly held roundtable held by the New York

      22        State Senate Standing Committees on

      23        Social Services, and, Children and Family

      24        Services, concluded.)

      25                           ---oOo---