~,- r -_. Item # 2.2 Request for permission to establish a voluntary system whereby jurors on County juries may donate their jury fees to~the Il~ergency Fnnd of the Kerr County Child Services Board. This item was tabled and discussed but no decision was made. CoMM I SS I oNERS~ COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS RED 1F T AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Larry Arnold MEETING DATE: February 23, 1993 OFFICE: President, Child Services Board ~. `moo ~..~ TIME PREFERRED: SUBJECT: (PLEASE 8E SPECIFIC) Request for permission to establish a voluntary sysCem whereby jurors on county juries may donate their jury fees to the Emergency Fund of the Kerr County Child Services Board. EXECUTIVE SESSION REQUESTED: YES _ NO xx ~' PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: Five minutes PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESS i NG THE COURT: Larry Arnold Time for submitting this request for Court to assure that the matter is posted 1n accordance with Article 6252-17 is as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON : _ ~ ___ All Agenda Requests will be screened by the County Judge's Ottlce to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guldel Ines. Commissioner's Court Agenda Request Synopsis Several counties in Texas have established a procedure whereby jurors serving in the county's courts may voluntarily donate their jury fees to the county Child Services Board. As president of the Kerr County board I am asking your permission to set up such a system here. We have approached each of the District Court judges, the County Court at law judge, and the Precinct 1 Justice of the Peace. We asked them if they would support such a project. Each was in favor, and stated they were willing to work with us to set up as simple a system as possible. We envision giving each juror a simple form, with check boxes where they can indicate whether they do or do not want to donate and space for their signature. After the forms are turned in and jury service is complete, the court clerk would pay those jurors who indicated they did not want to donate or who did not turn in forms, and send one check to the Child Services Board for the amount that would have been paid to those jurors who did submit forms saying they would contribute. While this would initially add to the jury system paperwork, it would also reduce the number of checks written to individual jurors, thus breaking even or reducing the -- paperwork. Whatever funds are raised in this project would be placed in the KCCSB emergency fund. They would be used for worthwhile projects and expenses in behalf of Kerr County children at risk not covered by federal, state, and county appropriations, which of course are limited to necessary expenditures for those children in direct custody. Coordinated efforts to set up similar systems are underway in the other counties served by the 218th Judicial District. Copies of newspaper articles from Jefferson and Orange Counties showing their participation are attached. We feel that our position as a board appointed by, and under the supervision of, the County Court makes it appropriate for the courts to encourage the jurors for trials held in the county to assist us in this manner. We ask for your approval to proceed with this worthwhile voluntary fundraising project. J ~, r ''~ J+ ~, ~~ I ~~ 1 1. T,,,,~, k~l~iY ~:b,;19.~~' ~,~ .`".~•' ~ ~~ Sari ~~`~ on ia~',d p~,l j;' ~ a~ N~~Riva •gat4u4~~.s~tcx~ •. , ~~ C~ ~ a 4~ef 11M~ ~ {W'~l{,~wyNlrlW'~^ .e•I~ W~'~.G~' 1 ,,,,. . ; f0~er ~ig~ t~ ' tam ~` g N~" . ~` ~ n fin,., . ~ g ~ ~ n ~hlldfe. , ~ money ~ t bow tends vier, ~, '~~ ~ our.., ~ '! Idds• mca~• axamQ+cs p -,~gcts Pt0 ,, ~~ .We ~~.~~K° n0~ ,. Judy NDit ° Ott ~ ~ Sew ~ fe~ aU a ~iaoh"~d„ 20 w~ w the i ~o$tm~ c1~'f C8~ onlY testa cluldrer+ ham mou• atthehosP ~1; a ~ fede~'i fu°a~ndgo' Stu cited n~ B+y tom inB f0~ gY ~iocwi, y*Y: ~ tub ~ ttau- at-d S144adaY a. foss ~~~thas t ends nP ~`y ~ktt... ~~~. ~ tat the ~ ven a e ~~ty'she~mnN6~~~u'nog u~ ~wha- sick child, the n~ofh~°r~~ ~biirh- fosu~ ~ ~ ~st++~'~'Y t ex• ang aflat~pe18'x'pa daY fa a ng for ~ vnth a focothachildn l suPPha' ~~ts are aU ,sucb~ ~tof-po~aa ~' ass that,PaY' baby~~ ~,sc1-po fa ~ ~e a utde ~' ~~~ supPi~'~~ clod"°g ~~ ve1 ex4a' ev~~ ~ Holt sa-d• ~ 1 ~~~ a-$Y ~~ tioPai cau• ,~vd b~Ba in -a~m~' Lamina ~ ~ts~a4rom ~ ~ t bud8~' ~cir S6'p~ o. . ~'~ 4~u' a ~ A ooh fete for iniualra~ • said. daY g. „ >~ a donate. rst P~ foe f~ gahas ~r-~"s~gon ~ of ~ iafostarca~e~~'d by M ~e nor "s4ec~ ~~ the e44°~(unds can bed to ail, ~ ~. ,s~,rd of f~ ~attt~ ado- whila n~ ~ to f ~n~ve," Offain6~ area m which untY ~~~w~~ ~~ itY~ tson~e w~pnr chime t~ bndg~'We~n t ostar ~dren, xalt sai aid bcYo"d what ~ ~ , . q~ia ~gd~~y aa4~'f a iscur~-dYW U metw~ ."a '~~~'~n Ce~•~ ~to{thingsf°r "nris will SY~C° she said. natet~ cau• M~~ tingduY go1t~4 ~ of ~ ~anr-m ne sPcc~ s budBct can pa ~ ~ taaux ter D ~y Aga ir~c~ n fosta c'am' do for ~ nil~iet~round ~' ~ abarRt C°~ cavst~ thatl~~ fo~ srper~-~' f tis ann-~`Ct~ d~ etfofi is'exPp6 've set'!`ces Qt. Ft0?~ ...~/~- S~udY K° ~ psang~ tom ~ 11°w'n I the~~~ut61 c .~. . ~~~~ •~t~~,~,,r+~en":r '_l2t ~.mr° °:~crl °ntcpcn~~ •.•• . S.ix ~af thy; r ~~ nu:,-~btrc of tlic;.'T'exascommission are ind~xspy insiders. tlth~t statC:, ha gencics hcadcdby a single administr•atat ar boards with more public m ern hers. The GAO criticism of the Texas regulatory scheme comes at the conclusion of a major review of most of Texas' state-chartered credit unions by the National Cr+~ dit Union Administration as part of the program to con- concerned about the independence of the board when he was appointed to se _ u a public member by [ormer Gov, Bili Clemente . 1489. He Bald when he or other public members speak up, the industry members of the board have been willing to listen to the outsiders' views o[ credit union issues. "O['tendmos„the industry members have to be re- minded that issuCS important to them may bt perceived differently by the public; ' ht said. ,ju.i•y duty fee donation measure approved from ~mftandrrlr• r•porrs • ' a -;. Jefferson Coturty. Commissioners In Beaumont have approved a measure allowing jurors to donate their daily pay for Jury duty to children in foster care; following a lead set InrOrange last month. ~ . In Orange County. the board of judges, consisting of district judges, the county court-at-law judge and county judge, . alroady has approved a similar ~ rrieasirre ;with Court Administrator I3ebra Montague saying jurois hue should be chit to donate their S6 per day pay..bcgituiing Aug. 12,~ ~ , Orange County eommissioncrs, who do not approve measurrs the board of judges pass, Monday recorded the action in their mceting minutes. Monday's action could mean as much as S3,370 per week for foster care for Jefferson County -the amount the county spends on jurors at a rate of S6 per day. Or- ange County spends an average of S2,100 per month on jury foes, according to County Auditor Tod i4iixson. WIth the new measure, jurors will be able to designate whether they want the district clerk to send thew money to the welfare board. ' in Orange County currently, more than 61 children are in foster ctlrt.with state and federal funds'only paying s flat fee per day for the children. ' Bxtias such as birthday presents or even some neussi- ties, such as txrtain tnedicalexpenses orschool supplies, are not covered by tither state or federal funds or local budgets; Judy Holt of child protective services earlier told The Leader. Extra funds raised through the jury fee donation is ex- pected to go toward those "extras." •County commissioners have busy meeting Co~Bnued from oaas i e Road in 1?recinct 1 and on North reimbursement for road damages to Tram Road in Pnxinct 4, Bailey Road. • Travel expenses. • Line item transfers. • Setting an Aug. 5 dace for a public hearing to discuss and pos- sibly act on lowering the speed lim- its on Dawnwood Road and Starks • Officially designating a county road off Farm Road 105 that Is cur- rently known as Black Road. • Submission of Texas Depart- ment of Commerce grant for sewer • Accept for nxordittg minutes of juvutilt board, board of judges and board of district judges melting held June 13. • Accept for recording in court minutes the recent approval by the board of judges to allow petit jurors to donate the S6per day they arc paid for serving to the Orange County child welfare board. ACCENT ON HAPPENINGS; FRIDAYS IN The Orange Leader Four PackaQe~ T6ru.___. Amt Watch for Our SENIOR SPECIAL JuIY !dM fMrAuQ. Jraf ::t~~:: 4,'CE O~ ~~ :~, Tom, .~. ~~Mttv1~ G~mn,is~i~ ~ncr August 4, 1992 Texas Department of Mental Health and Mental Retarda~ion Kerrville State Hospital 21 T1~ompson thrive • K..rrvil;e, Texans 7h(128 • (5121 896-?.,211 Luthrr N'. Russ, N1. D. 5uprri:rt;'ndent Children's Services Council Board Members: ,, „ ~:; auott.LO~i ~:, til2 u.l`.~CiiQur Wi1iCa1 1S slightly OUC Oi Gate, 1 aTTi presently employed as the Director of Kerr County Community Service Center. This center provides community mental health services for the citizens of Kerr County. Please let me know if additional information is needed. Sincerely, Richard Pow, Center Director Kerr County Community Service Center 511 McFarland St . Kerrville, Texas ?8028 (512) 257-6553 RP/jsm Equal OpportunitylAfjirmative Activn Em~ioyer PERSOr~AL RICHARD POE Age: 38 Birthdate: Dec.19,1952 Marital Status: ~*4arried Address: P.O.Box 8111, Horseshoe Bay, Tx. 78654 Phone: (512) 598-5020 ~tORK EXPEP.IENCE School Psych./Counselor, Bluebonnet Coop, Burnet, Texas, June 1990 to present. Duties involve: psychoeducational assessment; consultation; initiation of day treatment programs; group, individual and family counseling. School Psychologist/Counselor, Balcones Coop, Austin, Tx., Aug. 1983 to present. Duties involve: assesment of I.Q., achievement, and psychomotor abilities; individual, group, and family counseling; supervision of interns; coordination of counseling program; consultation; initiation of day treatment program; conducting workshops. Supervision of counseling program/staff. Private Practice, June, 1985 - Dec. 1987 contracted with the Juvenile Probation Dept. of the 33rd Judicial Dist. for counseling services; individual and family counseling; contract with the Family Crisis Center, 'garble Falls, for parenting skills group. University of Texas - Austin, Dept. of Ed. Psych., Jan. 1922 - Aug. 1983: Conducted research for Dr. Guy Manaster; co-authored report on retirement for the Tx. ?dept. on Aging; co-authored an entry on retirement for ~~3iley's Enc_yclooedia of Psychology. Research and Development Center, Austin, Tx., Aug., 1981 - Jan., 1982: acted as consultant/observer for research on teacher effectiveness. O'Connell School, Galveston, Tx.,Aug., 1979 - June, 1980: taught art and counseled re. personal issues. Meridell Achievement Center/westwood Campus, Austin, Tx., Jan.,1978 - Aug., 1979: acted as instructor/counselor with emotionally disturbed adolescents; co-led groups for children of alcoholics; conducted art therapy; performed psychological testing. EDUCATION University of Texas at Austin: M.Ed. in Counseling, Dept. of Ed. Psych., Aug., 1983. Phi Kappa Phi honor society for academic excellence, grad. program, Dec., 1982. University of Texas at Austin: B.A, with honors in Art/Psych., May, 1977. ORGANIZATIONS American Association for Counseling and Development National Association of School Psychologists Texas Association for Counseling and Development LICENSURE/CERTIFICATION Psychological Associate, 1989. Licensed Professional Counselor, 1985. School Psychologist, 1989. Controverting support for 2.2 from Judge Karl Prohl. The attached is an opinion from the Judicial Ethic Committee. ~~ .~ ~ ~ __ ~_~~~ ADVISORY OPIl~IONS ON JUDICIAL ETHICS Rendered by the Judicial Ethics Committee During the Year Ending August 31, 1992 The Judicial Section of the State Bar of Texas has appointed a Committee on Judicial Ethics to render advisory opinions on the Code of Judicial Conduct. The opinions of this committee that were handed down during the fiscal year 1992 are reproduced below. Political Activity of Judge's Staff Opinion No. 145 (1992) QUESTION: Should a judge permitmembers of the judge's office staf/ to participate in political activities such as publicly supporting a candidate for election, acting as a campaign manager, and fund raising? ANSWER: No. Canon 7(3) provides that a judge shall not authorize the public use of the judges's name to endorse another candidate for any public office. The reasons for that rule are stated in the first paragraph of the answer in Opinion 130. Canon 38(2) provides that a judge should require the judge's staff, as well as other court officials subject to the judge's direction and control, to ob- serve the standards of the Code. The Committee concludes that such political activity by a member of a judge's office staff would imply, or would be likely to give the appearance of, the judge's support for the candi- date. Extrajudicial Recommendations to Board of Pardons and Paroles Opinion No. 146 (1992) QUESTION: Should a judge who has no professional connection with a criminal case make a recommendation to the Board of Pardons and Paroles RELATED QUESTIONS: The inquiring judge also asks whether a judge should permit a staff member to contrib- utemoney to acandidate. The Committee concludes that to permit such a contribution would be appropriate only under the circumstances that would allow the judge to contribute, that is, when the judge is satisfied that neither the contribution nor the public record thereof wiN receive public attention before the election. The inquiring judge also mentions the uncertain na- ture of a judge direction and control" over a county employee on the judge's office orcourt staff. The Commit- tee does not reach the issue of how that direction and control should be exercised, because it involves ques- tions of law and because it arises in so many dl/ferent situations and circumstances that it cannot be addressed in genera! terms. Therefore, this opinion is limited to the conclusion that for a judge to permit or to condone such political activity by a staf/member would be inconsistent with the ethical standards of the Code of Judicial Conduct. concerning parole of the defendant? ANSWER: No. Canon 2B provides that a judge should not use or permit the use of judicial prestige for the benefit of the judge or others. The Committee concludes that if the judge has no professional connection to the case, such as recommendations by a judge would be, or at least would give the appearance of being, an attempt to use judicial prestige for the benefit of another. This would be true even if the judge has some personal basis for the recommendation, because there is no realistic way to separate the prestige of the judge's office from the judge's personal affairs. Compare Opinion 73. ~~ Participation in Plan to Encourage Jurors to Donate Jury Pay Opinion No. 147 (1992) QUESTION: Should a judge participate in a plan to advise jurors that they may make voluntary donation of their jury pay to a "Children's Protective Services Fund?" ' ANSWER: No. Canon 5B(2) provides that a judge;~l1 not solicit funds for any educational, religious, charitable, fra- ternal, political, or civic organization. Canon 4c provides that a judge should not personally participate in public fund raising activities for an organization devoted to the improve- ment of the law, the legal system, or the administration of justice. Opinions 10, 58, 131, and 137 (Question 4) construe this Canon 4c provision. There is another consideration if the court on which the judge serves has jurisdiction in cases involving the protec- tion of children. Canon 2A provides that a judge should promote public confidence in the impartiality of the judi- ciary. The Committee concludes that a judge's participa- tion in raising money for the protection of children would create the appearance of partiality in cases involving accu- sations of abuse of, or failure to protect, children. (Com- pare Opinion 126.) 126 The Committee concludes tha. ~ judge should not participate in advising jurors that they may donate their jury pay to any cause. Service on Both County Juvenile Board and Texas Juvenile Probation Commission Opinion No. 148 (1992) FACTS ASSUMED: A district judge is the judge of a court designated as a juvenile court and serves on the County Juvenile Board, which has the statutory duty and authority ro employ juvenile probation department staff members, designate the titles of employees, and set their salaries. The same judge also serves on the Texas Juvenile Proba- tionCommission, which has the statutory duty and author- ity to allocate and distribute to juvenile boards the funds appropriated by the Legislature and to give technical assistance and training to juvenile boards and juvenile probation departments. A pertinent statute provides that two members of the Commission shall be district judges who are judges of juvenile courts. OUEST/ON: When acting as a member of the Commission should the judge vote on questions which affect /unding for the juvenile probation department supervised by the Juve- nile Board on which the judge serves and on questions concerning funding formula and guidelines that apply to all juvenile boards? ANSWER: Yes. Canon 36(1) provides that a judge should diligently discharge all administrative responsibilities. The statutory arrangement manifests a legislative intent to co- ordinate the Commission's work with that of local juvenile boards, as well as a legislative assumption that the ar- rangement itself does not create a conflict of interest. However, this Committee observes that there may be circumstances under which such a judge may decide that it would be appropriate in order to avoid the appearance of partiality for the judge to abstain from voting on a specific matterthat would have an apparent and substantially greater impact on the judge's own probation department than on other departments generally. Service As Justice of the Peace in One County and As Reserve Deputy Sheriff in Another Opinion No. 149 (1992) rUESTION: Should a Justice of the Peace serve as a Reserve Deputy Sheriff in another County? ANSWER: No. The ~~mmittee concludes that service by a Justice of the Peace as a law enforcement officer would be inconsistent with the provisipns on Canons 1 and 2 concerning the impartiality and independence of the judi- ciary. Judge As Member of Host Committee for Fund Raising Event Opinion No. 150 (1992) QUESTION: Should a judge permit the judge's name to be included in a list of the members of the "Host Committee" on an invitation to a fund raising event? ANSWER: No. Canon 5B(2) provides thatajudge;~inot solicit funds for any educational, religious, charitable, fra- ternal, political, or civil organization.' Canon 10 provides that the word "shall" when used in the Code means compul- sion. The Committee concludes that if ajudge should agree to be listed as a host in an invitation to a fund raising event, that would constitute soliciting funds for the cause ben- efited by the event and, therefore, would violate Canon 56(2). - Canon 2B is also relevant. It provides that a judge should not lend the prestige of judicial office to advance the interests of others. Such use of a judge's name would use, or at least would give the appearance of using, judicial prestige for fund raising even if the invitation does not identify the host judge as a judge, because a judge cannot realistically separate the prestige of judicial office from the judge's personal affairs. (Compare Opinions 73 and 136.) Canon 2B also provides that a judge should not permit others to convey the impression that they are in a special position to influence the judge. By hosting a fund raising event a judge would create an opportunity for a litigant to attempt to curry favor by contributing generously, and then to convey such an impression. The applicable principles are also addressed in Opin- ions 11 (1976), 16 (1977), 41 (1979), 51 (1980), 59 and 60 (1982), and 131 (1989). The same rules apply to judges' personal participation in public fund raising activities for organizations devoted to the improvement of the law, the legal system, or the administration of justice. Canon 4C. 'Committee Footnote: As the Canon 5B(2) distinction between soliciting funds, and being a speaker or guest of honor as such an event, is quite specific, the CommittBe does not reach or consider the rationale for that distinction. 127 COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: l_.~r~GuE aF' t/amE,y yc7-F~s MEETING DATE: J~Pi~'I ~ ~7 OFFICE: t'~~GRAm V~c.~-t~2eS~a-nr- TIME PREFERRED: 9~ vo >gvrl SUBJECT: (PLEASE BE SPECIFIC) ~nl~ A ~ ~~~ rK ~'~'= ~`-,e>~v"~~ - -~n'G~e~"~ L'~12/T~2 ~~f~ ~~E19, h~~ WISf-t 7-U ~'~LS~tz/r' /~ CU.~~/ OF R~CLr/>ZY LOMP~k'.ii.iV STuO~i~ ~i.=P0~7: 1„/E 1~t/1t_C .SRI ~-r- ~v H!G-r~ 1-I G/-~ T PF IIZTS ~F f`Nt= S7-c~t~y EXECUTIVE SESSION REQUESTED: YES NO X PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: ~3 /n~n'uT~ s PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: BRr293R~H 1..0+.~J~r/Ti~/~~-- ~qG -~~9~ Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows; * Meetings held on Monday: 12;00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REDDEST RECEIVED ON : ~ Ali Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. League of Women Voters Kerrville Area A Study of-Child Care in the Kerrville Area, 1991 Introduction The League of Women Voters of the Kerr- ville Area (LWVKA) has undertaken a study of child caze in the Kerrville-Ingram-Center Point azea to determine Availabllity and Need, Afford- ability and Quality of child caze. The focus group was made up of pre-school children. Two areas of care which were not included but need evaluation are: after-school care and summer care for elementary age children. Background The importance of the child care issue prompted the LWVKA to conduct a survey of parents, businesses and child care providers to determine the child care needs in the Kerrville- Ingram-Center Point area. The results of this survey are included in this report. The survey targeted pazents of children four years and under, since this group is the most likely to use child care. Single parents were targeted because the cost burden of child care plays a sig- nificant role in the level of child care available to these families. Businesses were surveyed to determine the extent of involvement in dependent caze assis- tance programs, i.e., providing child care on the premises, subsidizing child caze, utilizing avail- able tax advantages or including child care-related items as part of an employee benefit package. Caregivers were contacted to determine -the cur- rent availability of child care, training of staff, turnover of personnel and operating costs. Availability and Need for child caze was determined from the current population in day- care facilities plus an examination of waiting lists, vacancies and information from the Texas Department of Human Services (DHS) and the Alamo Area Council of Governments (AACOG). Affordability of child caze was looked at in terms of cost per child compared to average income, available subsidies and numbers of paz- ents not in training programs due to cost of child caze. Quality child care was defined in terms of training of caregivers, staff/child ratio, materials/ activities, turnover among employees, and an environment which is safe and healthy. Definitions of Child Care Facilities (based on Texas Department of Human Services definitions) Child Day-Care Center (commonly called Child Care Center): A facility that provides care for more i than 12 children under 14 years of age for fewer than 24 hours a day. Group Child Day-Care Home (commonly called Group Child Care Home): A facility that provides care for 7-12 children under 14 years of age for fewer than 24 hours a day. Registered Family Home (commonly called Family Day Home}: A home that regularly provides care in the caretaker's own residence for not more than 6 children under 14 years of age, and that provides care after school hours .for not more than 6 additional elementary school children. The maximum number of children, including the caretaker's own, does not exceed 12 at any given time. No more than 4 infants (0-17 months old) may be in care and the maximum number of children allowed is reduced depending on the number of infants. Child Care in the Kerrville Area Availability/Need The 1990 census reports 2,273 children in Kerr County four years and under, of which 75% reside in the study area. It is recognized that not every child is in need of child care. Preschool Children, Kerr County Persons by age Under 1 year ................................... 371 1 & 2 years ..................................... 934 3 & 4 years ..................................... 968 Total ............................................ 2, 27 3 Kerr County Population ('90 U.S. Census) 36,300 In the study area there are currently (December 1991} eight licensed day-care centers, two group day-caze homes and 31 regis- tered family homes. The combined capacity of these facilities is 861 children. There is also an undetermined number of unregistered family homes. Three day-care centers and several regis- tered family homes accept infants under six months. Severely handicapped and developmen- tally delayed children up to age three are main- streamed into several day-care centers from Home Spun, an early child development inter- vention program. Operating hours for child care facilities range anywhere from 6:30 AM to 6:30 PM. No facility operates on a 24-hour basis to accom- modate parents on shift work and no facilities exist for children who become ill. Fifteen percent (15%) of applicants for the federally funded Job Opportunity and Basic Skills (JOBS) program, a training program to get people off welfare, cannot enter the program because of lack of subsidized child care. The Alamo Area Council of Governments (AACOG), the agency that oversees placement of children from low income families, has 90 children from the Kerrville-Ingram-Center Point area on its waiting list. It should be noted that a name cannot be placed on this list until the paz- ent is actually employed. The fact that a parent has placed the child's name on this waiting list is an indication that there is dissatisfaction with the child's current placement. Teen parents need special attention. Tivy High School has received a $100,000 Preg- nancy, Education and Parenting (PEP) grant to begin a program for teen parents. This program will include child care services for approxi- mately 30 children while the mothers continue their education. The program is scheduled to begin operation in August 1992. Types of Facilities in Kerrville Area Classification No. Kids 'Child Day-Care Center 8 657 Registered Family Home 31 180 Group Day-Care Home 2 24 Affordability Funding sources for child care include: tuition, scholarships, United Way, USDA food subsidy, state subsidies, grants and tax benefits. Cost to Parents In the Kerrville area the commercial rate for registered homes and day-care centers ranges from $45 to $60 /week/child. Cost for a second child is generally lower. Sixty-six percent (66%) of the single par- ents and 21 percent of the non-single parents in the survey earn $10,000 or less. Parents in this group are having to spend nine to eleven per- cent of their monthly wage for child care. Operating Costs The survey of child care providers indicates that their annual budgets range from $20,000 for registered homes to more than $150,000 for licensed day-care centers. Child Care Management Services (CCMS), the program through which the Texas Depart- ment of Human Services has contracted with the city of San Antonio to manage state and federal child care subsidies, requires licensed day-care centers and registered homes to carry $300,000 liability insurance if the facility is going to accept contract (state or federally subsidized) children. 2 League of Women Voters Kerrville Area During the course of this study two day- care centers, including the only 24 hour service, have closed their doors due to cost. There are no for-profit day-care centers in the Kerrville area. Subsidies The Texas Department of Human Services in Austin subsidizes self-arranged care, a pro- gram where low income pazents place their children with relatives or in registered homes in order to enter training programs. The reim- bursement to these particular caregivers is often delayed by up to three months which places a financial burden on the caregiver and discour- ages potential caregivers from entering the program. Ken County Day Care and Sunshine Inn Day Care centers, the only two centers that Quality The Texas Department of Human Services establishes minimum standards for child care facilities to insure the health and safety of chil- accept contract children, use a sliding scale rate fee based on family income for their private clients. Child Care Management Services (CCMS) reimburses both centers at this private rate. United Way partially funds Kerr County Day Care Center. Church related child caze facilities are dependant upon some church assis- tance to keep their doors open. Many of the centers take advantage of the USDA food subsidy program. Although there are tax incentives available for private business to assist employees with dependent care, the business survey showed either a lack of awaze- ness of or interest in such incentives. Such tax benefits could help ease the high cost of day- care. dren. These standazds by law must be reviewed and updated every six yeazs. Characteristics of Quality Child Care (adapted from those of the National Association for the Education of Young Children; copied from League of Women Voters of Texas Education Fund Facts and Issues: Child Care in Texas, August 1990) * A caregiver with job-related training in early childhood education, including child development and safety; a warm, nurturing personality that encourages positive interaction between each child and the adult; and a philosophy that integrates all areas of young children's development--social, emotional, cognitive, and physical. * Staff-child ratios with sufficient staff to provide frequent individual contact between staff and children and ongoing communication with the parents. * Developmentally appropriate activities and equipment for each child provided by good teachers who combine knowledge about child development with understanding about the individual child's growth pattern, strength, interests, and experiences to design the most appropriate learning environment * Continuity of relationship between a child and caregiver. (A recent report from the National Child Staffing Study tells us, "The shortage of trained child-care teachers threatens the existing child-care delivery system...Teachers' salaries are so low at many day-care centers that personnel are leaving to work at fast-food establishments for better pay...Turnover of day-care staff tripled during the past, decade to 41°Io annually." Continuity of care is threatened both by frequent turnover of caregivers' and by shifting of children among programs when funding sources change.) * A space environment that provides ample room for indoor and outdoor activities and is cheerful and interesting. * A safe and healthy environment that includes staff trained in health, nutrition, and emergency Garegiver Training The Minimum Standards vary depending upon the type of facility. A detailed description is available in section 2100 of the Minimum Standards set by DHS. In general, a director of a day-care center must be at least 21 years of age, have a high school diploma or its equivalent plus experience in early childhood development. The director must participate yearly in at least 20 clock hours of training. Staff must take at least 15 hours of training per year. The registered home caregiver must be at 3 Child Care in the Kerrville Area least 21 years old and have a high school diploma or its equivalent; exceptions allow 18- 20 year olds to register. The caregiver is required to take a minimum of 15 clock hours annually of training in child care related areas. There are additional health and safety require- ments which are described in the Minimum Standards set by DHS. Since there is only ran- dom on site monitoring of registered homes it is uncertain if minimum standards are being maintained. The majority of licensed facilities in the Kerrville area require additional (beyond Mini- mum Standards) training for their staff. The Texas Agricultural Extension Service through the Ken County Extension Office offers the following programs for child care providers: A seven hour training course for child care providers each year. A home study (20 hours) course through which day-care providers may earn Con- tinuing Education Units from Texas A&M University. Pazenting Young Children (16 hours) course. Additional teaching aids and resources are provided free to child care providers for in-house training. Since Schreiner College does not offer course work in eazly childhood development most of the caregivers must travel to San Anto- nio for such courses. Staff/Child Ratios The Minimum Standards require specific staff/child ratios depending upon the age range of the children. Many Kerrville directors stated a need to reduce the number of children each caregiver is responsible for, noting the difficulty in providing quality Gaze with the current staff/child ratios. Developmentally Appropriate Activities The Minimum Standards encourage use of developmentally appropriate activities. Basi- cally, providing such activities is left up to the director. Continuity of Relationship The wages paid to caregivers has a direct bearing on the continuity of relationship. Reseazch shows there is a direct relationship between low wages and frequency of staff turnover. A survey of the five largest child care cen- ters in the Kerrville area showed that 73% of the employees earned between $5,000 and $10,000; of these, 76% were employed for two or fewer years and 48°!0 of these employed one year or less. The one facility that had a higher starting salary also had less turnover of staff. Space Environment, Safety and Health Environment The Minimum Standards spell out require- ments for space, and for a safe and healthy envi- ronment for child care facilities. According to many of the Kerrville day-caze center directors, space requirements are inadequate to provide quality care. In general, these directors felt the safety and health requirements were adequate. The Department of Human Services (DHS) uses a monitoring plan to oversee the compli- ance of Minimum Standards. Aday-care center is listed under one of three plans. Facilities which are inspected every 3-5 months are in Plan 1. These facilities usually have health and safety violations which are of risk to children and have difficulty maintaining the Minimum Standards. Facilities which are inspected every 6-9 months are in Plan 2. These facilities usually are able to maintain Minimum Standards but still have some health and safety risks to children. Facilities which are monitored every 10-12 months are in Plan 3. They have few if any non-compliance citations and have virtually no health and safety risks to children. Parents and interested citizens may request to see the most recent inspection report for paz- ticular day-care facilities either from the local DHS office or from individual directors. Beginning in 1992 DHS will have an initial inspection and will increase the random moni- toring of registered homes to 30 percent. Both licensed and registered facilities are required to provide parents a handbook which gives them infosznation to help evaluate the quality of care provided. The parent has the primary responsibility to insure the health and safety of their children. The League survey indicated that the paz- ents' primary concerns in seeking child care were cost and safety. Forty percent (40%) of the parents who responded to the survey indicated that they did not believe quality care was avail- able in the Kerrville area. 4 League of Women Voters Kerrville Area Licensed Day-care Facilities Kerrville -Ingram -Center Point December 1991 (Texas Department of Human Services, Licensing Division) Name of Facility Ages Capacity Group (Child) Day-care Home City: Center Point Susie's Day-care ........................................... 2 yrs to 13 yrs..............12 City: Ingram Younger Years ............................................. 3 yrs to 6 yrs................12 ACCEPTS CG/Y'TiE'g LT CHi~~eeN City: Kerrville None Day-care Centers -Five Day City: Center Point None City: Ingram Proud Crowd ............................................... 0 yrs to 10 yrs..............34 City: Kerrville Children's Ark .............................................. 0 yrs to 5 yrs.............. 140 First Assembly Child Development Center .. 6 mos to 13 yrs ............34 Holy Cross Lutheran School Study Care...... 4 yrs to 13 yrs ..............50 Kerr Countv Day Care Center ...................... 18 mos to 12 yrs ..........66 St. Peter's Episcopal Day School .................. 2yrs to 12 yrs............ 116 Sunshine Inn Day Care Center ..................... Oyrs to 13 yrs............ 102 Zion Lutheran Church Children's Center...... ~yrs to 1~.yrs............ 115 Day-care Centers -Three Day Cities: Ingram, Center Point None City: Kerrville Children's Corner First Presbyterian ............. Oyrs to 13 yrs.......,.... ..75 First Baptist Church Preschool ..................... Oyrs to 5 yrs................85 5 Child Care in the Kerrville Area Summary Conclusions: There are no facilities that are open 24 hours or on weekends. Parents on shift work have no access to organized child care outside ordi- nary weekday work hours. There are no facilities devoted to the child with special needs. Only a few developmentally delayed children are mainstreamed into some of the day-case centers. Not all such children are being served. There are no facilities to care for children who become ill. Day-care budgets range from $20,000 for regis- tered homes to $150,000 for day-care cen- ters. Virtually all day-care centers need some type of subsidy to remain open. There are no for-profit day-care centers in the Kerrville area. Only two day-care centers, Kerr County Day Care Center and Sunshine Inn Day Care Center, accept state subsidized children. Fifteen percent (15%) of applicants for the federally funded JOBS program cannot begin training because of a lack of child care. Child Care Services of the Alamo Area Council of Governments has a child care waiting list containing names of 90 children of low income working parents who need child care. The Texas Department of Human Services in Austin has delayed payment by up to three months to caregivers in the self- arranged care program. This discourages eligible persons from entering the program. Only 30% of registered homes are inspected annually after the initial inspection. Staff/child ratio is too great to allow for quality care. Staff training is minimal and difficult to receive because of lack of local training programs. There is a high ttunover in day-care staff. Sev- enty-three (73%) of caregivers in the five largest day-care centers earn between $5,000 and $10,000; of these, 76% have been in their current employment two years or less with 48% being employed one year or less. Businesses are not currently involved in work- ing with their employees to take advantage of tax benefits through dependent care pro- grams. Sources League of Women Voters Kerrville Area. (1989). Child Care Providers Survey; Business Survey; Parent Survey League of Women Voters of Texas Education Fuud, (1990). Facts and Issues: Child Care in Texas Lein, Louise and Nosworthy, Carol. (1988). Employer Assisted Child Care in Texas. United Way of Texas Child Care Working Group. Texas Child Care Resources. Clearinghouse News, Volumes 1 and 2, 1989-1990. Texas Child Care Resources. Clearinghouse News, Special Edition, "Dependent Care Options for Texas Employers" Texas Department of Human Services, Regulation of Child Care Facilities, Chapter 42, 1989. Texas Department of Human Services, Registered Family Home Manual, 1990. Texas Department of Human Services, Minimum Standards, Group Day-Care Homes, 1985. Texas Work & Family. Clearinghouse News, Volume 3, 1991. Copyright 1992. Published by League of Women Voters Kerrville Arca, P.O. Box 303, Kerrville, Texas 78029-0303. This study was conducted by the Lea~~ue of Women Voters Kerrville Area, Ruth Hall, President; Barbara Lowenthal, Program V.P.; Jean Tally, Child Care Committee Chairman; Sue Dyke, Consultant; Mary Lou Zachary, Consultant. A special "drank you" to members of the LWV Child Care Committee, to the many directors and specialists in the child care industry, to the parents and to the businesses who generously gave of their time and expertise during the course of this study. 6 League of Women Voters Kerrville Area ADpendix LEAGUE OF WOMEN VOTERS OF TEXAS POSITION CHILD CARE IN TEXAS Adopted November 11, 1990 THE LEAGUE OF WOMEN VOTERS OF TEXAS SUPPORTS POLICIES, LEGISLATION, AND PROGRAMS THAT ADDRESS THE NEEDS OF ALL TEXAS CHILDREN AND FAMILIES FOR ACCESSIBLE, AFFORDABLE, AND GOOD QUALITY CHILD CARE. The League believes that all children in child care are entitled to a safe, nurturing environment and developmentally appropriate activities. Caring for children is a societal as well as a family responsibility and the state should play a role in meeting child care needs. The League supports the development, adoption, and implementation of a comprehensive state child care policy that includes, but is not limited to: * minimum standards, effectively enforced, for child care services * programs designed to provide an adequate supply of accessible child care * measures to promote good quality child care * programs designed to make child care affordable to all * coordination of child care programs, services, and funding * encouragement of cooperation among groups and agencies involved in child care * access to information that will help families recognize and choose good quality child care * a provision for parental choice in the selection of subsidized child care * a state model-employer program that makes good quality, affordable child care available to state employees * consistent and reliable funding, administered efficiently, and used effectively * financial support from a variety of sources including: -federal grants and matching funds -state funds -local government funds -employer contributions -fees for service -private philanthropy. 7