Legislative Notes - Center for the Prevention of Childhood ...



2021 South Dakota Legislative Session Center for the Prevention of Child MaltreatmentWeek 1 Update – January 12-15, 2021Legislative Notes The 96th South Dakota Legislative Session began on Tuesday, January 12, 2021. SD Governor Kristi Noem presented her 3rd State of the State address to a joint session of the State Legislature. Governor Noem discussed several priorities, including a focus on teaching civics and U.S. history in schools, state efforts to combat the COVID-19 pandemic while allowing businesses to remain open, commitment to enhancing tourism opportunities, the addition of 238 new licensed foster homes, and an increase in broadband Internet access she hopes will spark economic development and allow South Dakotans to pursue viable livelihoods in their hometowns. Governor Noem also provided an update to the budget address highlighting South Dakota’s positive economic outlook due to a predicted increase in corn and soybean production as well as investments in the agriculture industry. Additional remarks included a focus on South Dakota’s disbursement of the COVID-19 vaccine, which she categorized as the best in the nation. She also touched on an increased use of telehealth care, an expanded tuition program for veterans and contributions of military personnel and healthcare providers during the COVID-19 pandemic. South Dakota Chief Justice Steven R. Jensen provided his first State of the Judiciary address on Wednesday, January 13, 2021. He asked lawmakers for funding to raise the salaries of judges, finance a position dedicated to courthouse security and increase court staff to help tackle a continually growing case load. South Dakota judges rank last in the nation in pay, according to the Chief Justice. This discourages qualified attorneys from serving, Jensen said. The State of the Tribes address was given by Mike Faith, chairman of the Standing Rock Sioux Tribe, on Thursday, January 14, 2021. He encouraged partnership among local governments in the areas of economic development, housing and building infrastructure. He highlighted agriculture production, environmental changes, and societal issues, such as illegal drug use, that impact all South Dakotans, and that they could work together to improve. The 2021 Legislative Session will run 37 days (four-day work weeks), ending on March 29, 2021.he BillsAs of Monday, January 18, 2021, 65 House Bills and 77 Senate Bills have been submitted for consideration. CPCM is actively tracking the following bills:HB 1044: An Act to transfer the Office of Indian Education to the Department of Education.Sponsor: Representative Bordeaux, et. al. and Senator Heinert, et. mittee Assignment: House EducationHB 1044 returns the Office of Indian Education to the Department of Education. The Office of Indian Education currently resides in the Department of Tribal Relations. HB 1051: An Act to maintain the life of any child born alive.Sponsor: Representative Deutsch, et. al. and Senator Novstrup, et. mittee Assignment: House Health and Human Services HB 1051 requires a physician to attempt to save a child’s life if the child is born alive as a result of an abortion or attempted abortion. The bill includes civil remedies against a physician who did not attempt to save the life of the child. The bill also requires physicians who perform abortions to notify the Department of Health about certain outcomes of a child who survived an attempted abortion. HB 1052: An Act to provide a rebuttable presumption in favor of joint physical custody of a minor child. Sponsor: Representatives St. John and PischkeCommittee Assignment: House JudiciaryHB 1052 adds a rebuttable presumption in a custody dispute that each parent shall have equal time with the child and each parent is in the best interest of the minor child. A rebuttable presumption is an assumption made by a court that is taken to be true unless someone comes forward to contest it and prove otherwise. HB 1055: An Act to authorize certain children who are subject to a military relocation to be eligible for registration with a state-approved distance learning provider.Sponsor: Representative Deutsch, et. al. and Senator et. mittee Assignment: Military and Veterans AffairsHB 1055 allows children of a military family to be enrolled in a state-approved distance learning provider by the school district in which the parent or guardian will reside. HB 1056: An Act to authorize the designation of Purple Star schools.Sponsor: Representative Deutsch, et. al. and Senator et. mittee Assignment: House EducationHB 1056 creates the designation of Purple Star schools or schools with a designated staff member to serve as a military liaison between military families and the school district. HB 1063: An Act to make appropriation to contract for mental health insurance for certain first responder organizations and to declare an emergency. Sponsor: Representative Milstead, et. al. and Senator SmithCommittee Assignment: NAHB 1063 requires the Department of Public Safety to contract for mental health insurance for volunteer members of fire, EMT, and dispatch services, and provides funding for the act. HB 1064: An Act to make an appropriation for and the establishment of peer support and critical incident stress management training for first responder organizations.Sponsor: Representative Milstead, et. al. and Senator SmithCommittee Assignment: NAHB 1064 creates a grant program with the goal of funding the development of training and programs for first responders. The programing should help first responders with any vicarious trauma or stress due to critical incident response. SB 5: An Act to include a child’s legal parents and custodians in the list of parties who may receive information related to reports of abuse and neglect. Sponsor: The Committee on Judiciary at the request of the Dept. of Social mittee Assignment: Senate JudiciaryScheduled for hearing 1/19/2021SB 5 is a cleanup bill that clarifies the language for who can receive information in an Abuse and Neglect case. The addition of the terms “guardian or custodian” is consistent with language throughout A&N statutes. SB 7: An Act to permit Medicaid to qualify as a victim for purposes of restitution in criminal cases. Sponsor: The Committee on Health & Human Services at the request of the Dept. of Social mittee Assignment: Senate JudiciaryScheduled for hearing 1/19/2021SB 7 adds the term “a joint state-federal funding program for medical assistance” as a victim under the restitution statutes. This will allow Medicaid to be listed as a victim and potentially receive payment from a criminal if the program is financially harmed due to the criminal’s actions.SB 14: An Act to limit the time children in need of supervision are held in detention under certain circumstances. Sponsor: The Committee on Judiciary at the request of the Dept. of mittee Assignment: Senate JudiciaryScheduled for hearing 1/21/2021SB 14 will require the court to provide a written order that determines detention is the best placement for the child and the length of time for detention. The child may not be held in detention more than seven days. SB 31: An Act to provide for the release of adult abuse case information to certain parties to assist in the provision of adult protective services.Sponsor: The Committee on Health & Human Services at the request of the Dept. of Social mittee Assignment: Senate JudiciarySB 31 allows for the release of information to attorneys, agencies, and other programs assisting the victim in a case of alleged abuse, neglect, or exploitation of adults and the elderly. Upcoming DatesThe full social calendar is provided by the SD Chamber of Commerce and Industry.January 25-27, 2021: Early Learner Forum-includes ACEs training Jan. 25 January 25, 2021: SD Dental Hygienist’s Association Day January 26, 2021: YMCA DayFebruary 1, 2021: Children’s Day at the CapitolFebruary 4, 2021: Research Park DayFebruary 5, 2021: Dental Day at the Legislature February 8, 2021: SD Social Workers Legislative Breakfast February 10, 2021: SD Council of Community Behavioral Health Legislative ReceptionFebruary 11, 2021: American Foundation for Suicide Prevention- SD Chapter Day at the CapitolFebruary 23, 2021: SD Coalition of Citizens with Disabilities Day at the CapitolMarch 4, 2021: SD Association of Specialty Care Providers – legislative breakfastResourcesBills: To view a full listing of the 2021 Legislative Bills, visit the SD Legislative Research Council webpage.Legislators: There are 70 Legislators serving in the House of Representatives and 35 Legislators serving in the Senate. You can find your Legislators on the SD Legislative Research Council webpage. A complete listing of 2021 Legislators can also be found on the SD Legislative Research Council webpage. Committees: There are 26 total standing committees (13 in each house, divided by subject matter). The primary function of a standing committee is to consider each bill or resolution assigned to the committee and to make a specific recommendation on what action should be taken regarding the bill or resolution. Following the introduction and first reading of a bill in either house, the presiding officer assigns the bill to a committee based on the subject matter. Generally, bills dealing with certain subjects are assigned to the same committee.? You can find out which committees your Legislators serve on by visiting the SD Legislative Research Council webpage.Schedule: The regular schedule and room assignment for standing committees is located HERE. For an up-to-date listing of committee schedules and agendas, click HERE. The SD Chamber of Commerce and Industry provides the annual legislative handbook.Advocacy ToolkitIt’s never too early to begin reaching out to lawmakers on issues promoting the health and safety of children and families. A major legislative initiative for CPCM this session is the addition of dental hygienists to the list of mandatory reporters of child abuse and neglect already in state law. Dental hygienists have a similar relationship to patients as a nurse. They spend a considerable amount of time with each patient building a relationship of trust that can result in identifying potential cases of abuse and neglect. We have created sample social media posts regarding the mandatory reporting legislation as well as a guide to reporting abuse and neglect in South Dakota. One of the easiest ways to engage in public discussion is via social media. If you feel compelled to post about helping prevent abuse and maltreatment in South Dakota please use the hashtag #reportabuse. We’ve included a sample tweet and Facebook post below. By using hashtags we can track references to preventing child abuse and the mandatory reporter legislation and use that information to show lawmakers public support of the measure. If you use any of these strategies, please tag @sdcpcm so we know this grassroots outreach is happening. Thank you for your support! We appreciate the work you do to create resilient families in South Dakota. We will continue to post tips on advocacy in each weekly issue of the legislative updates. Sample Twitter post: Lawmakers must act NOW to support families & children across the state—add dental hygienists to the current list of those mandated by state law to #reportabuse! @sdcpcmSample Facebook post:I support the addition of dental hygienists to a list of South Dakota professionals already legally required to #report abuse. One of the strongest ways to impact the cycle of child maltreatment is for people to acknowledge and report potential abuse. These laws are in place to prevent children from being abused and end abuse or neglect at the earliest possible stage to strengthen families and empower communities across the state. Call your representative or senator today and ask him/her to support making dental hygienists mandatory reporters. #reportabuse Follow this link to learn more about Reporting Abuse and Neglect in South Dakota. @sdcpcm tAces Training Adverse childhood experiences (ACEs) are stressful or traumatic events that happen in childhood. Children who face traumas such as abuse, neglect or witnessing domestic violence are much more likely to develop social, emotional and behavioral challenges. Research shows traumas often follow children well into their adult lives. Adults who have experienced childhood trauma are more likely to develop difficulties with substance abuse, mental health, divorce, holding down a job, parenting, domestic violence and incarceration. Childhood trauma survivors also develop serious health issues such as heart disease, chronic lung diseases, diabetes, obesity and cancer. CPCM and the Children’s Home Society are offering to opportunities to better understand the impact of ACES on Jan. 25 from 3:30 to 5 pm CT during the Early Learner Forum and on Feb. 1 from 5 to 6:30 pm CT during Children’s Day at the Capitol. Please joins us for these free events! A zoom link will be available for these trainings. It is also possible to request a free ACEs training. ................
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