SB 0131 - Fiscal Note

Fiscal Note - SB 0131 - Requires the Division of Family Services to destroy records one year after finding insufficient evidence of abuse

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 0283-01

BILL NO.: SB 131

SUBJECT: Destroying Child Abuse and Neglect Records if Insufficient Evidence

TYPE: Original

DATE: January 14, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All State Funds	$0	$0	$0

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
None
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	$0	$0	$0

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 3 pages.

FISCAL ANALYSIS

ASSUMPTION

Officials from the Department of Social Services (DOSS) and Department of Health assume this proposal will not fiscally affect their agencies.

Oversight assumes the DOSS will incur some costs if this proposal is enacted. These costs would include computer programming changes and establishment of rules and regulations regarding the identification and destruction of the records. These costs are unknown and expected to be minimal.

Officials from the Office of State Courts Administrator (OSCA) indicated that they have no way of knowing the number of persons who currently petition the court for record removal, although they assume that the number is small. In Fiscal Year 1998, there were 7,195 allegations of child abuse or neglect filed in the courts. In many cases there were four or five or more allegations in each case so the actual number of children involved in smaller than the number of allegations. Also in Fiscal Year 1998, there wre 2,398 child protection orders disposed of which 1,366 (57 percent) were dismissed. Even if all of these 1,366 orders involved abuse or neglect, and if all of these dismissed cases petitioned for record removal and destruction, the numbers would not be so great as to result in any appreciable savings to the courts if DOSS was given this responsibility.

Oversight assumes there could be potential unknown costs savings to the courts if this proposal was enacted. The amount of cost savings is expected to be minimal. The costs to the DOSS will be offset by the savings from the state court system should this proposal be enacted.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
GENERAL REVENUE FUND
Savings - State Court System
Reduced Expense and Equipment Costs	Unknown	Unknown	Unknown
Costs - Department of Social Services
Programming Changes and Rule Promulgation	(Unknown)	(Unknown)	(Unknown)
ESTIMATED NET EFFECT ON
GENERAL REVENUE FUND	$0	$0	$0
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
	$0	$0	$0
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This proposal will require the Department of Social Services - Division of Family Services to destroy child abuse and neglect records after one year if there is insufficient evidence of abuse or neglect. Previously, the records could be destroyed only after court approval.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Office of State Courts Administrator

Department of Social Services

Department of Health

Jeanne Jarrett, CPA

Director

January 14, 1999