1. 1 The 82 nd Texas Legislature: Update and Implications for Social Workers Susan P. Milam, Ph.D., LMSW Director of Government Relations National Association of Social Workers/Texas Chapter June 25, 2011 www.naswtx.org

2. 2 Today’s Agenda  NASW/Texas Legislative Update – Dr. Sue Milam  Healthcare – Dr. Ed Codina  Juvenile Probation – Richard Garcia  Homeless – Erika Hizel  Aging – Alvin Loewenberg  Children – India Chumney  U.S. Legislative Update – Congressman Lloyd Doggett

3. 3 National Association of Social Workers/Texas Chapter Board NASW/Texas will advocate for actions that will enable professional social workers to provide high quality, effective services to strengthen Texas communities.

4. 4 Social Workers are critical to assist Texans obtain, retain, or regain their independence and self- sufficiency.

5. 5 Ethics  Our ethics of social justice and political advocacy make us different from other disciplines  Our mission is to enhance well-being and help to meet the basic needs of all persons, especially those who are vulnerable, oppressed, and living in poverty  We promote social justice and social change with and on behalf of our clients  Our core values: service, social justice, dignity and worth of the person, importance of human relationships, integrity, competence  Political action, lobbying, and advocacy thus is a unique and essential component to social work

6. 6 Social Workers in Politics  Necessary to reassert our role in social welfare policy  Necessary to represent populations who are marginalized and hold little power  Necessary to stabilize authority, rights, and power for the social work profession

7. 7 Social Workers and the Democratic Process “In a democracy, where every vote and voice count, doing nothing is a political act.” Nancy Amidei

8. 8 Basic Legislative Process 1. Representative drafts bill and files it. 2. Speaker of the House assigns bill to a committee. 3. Committee chair schedules a hearing to hear public testimony for the bill. 4. Committee issues favorable report on bill. Goes to House floor. 5. House votes on bill. If it passes, goes to Senate. Start at Step 2 in the Senate. 6. Senate passes bill. 7. Governor signs bill.

9. 9 General Facts about the Texas Legislature  There are 150 Texas Representatives  There are 31 Texas Senators  Both houses are in session for 5 months (January thru May) every odd year  In 2011, 5,796 bills were filed; 1,387 passed Nearly 80% of all House bills died About 70% of all Senate bills died 26% of Republican bills (797) and 19% of Democratic bills (585) were sent to the governor Governor Rick Perry vetoed 24

10. 10 Texas 82 nd Legislature Demographics House Senate  Male11825  Female 32 6  Democratic 49 12  Republican 10119  Incumbent 12529  Freshman 26 2  Caucasian 10322  African-American 17 2  Hispanic 28 7  Asian-American 2 0

11. 11 Social Workers in the Texas Legislature Elliott Naishtat, Texas Representative o He has served District 49 in Austin since 1990 o Holds social work and law degrees o Worked as VISTA volunteer for LBJ’s War on Poverty

12. 12 Legislation Originated by NASW/Texas  H.B. 1779, by Representative Elliott Naishtat (S.B. 1188, by Senator Watson) – Private Investigator License  H.B. 823, by Rep. Jessica Farrar (S.B. 1090, by Senator Rodriguez) – Liability Protection  H.B. 2068, by Rep. Elliott Naishtat, (SB 1023, by Senator Rodriguez) – Social Work Center for Workforce Studies

13. 13 NASW/Texas 2011 Legislative Agenda – How We Fared 1.Establish pay levels of entry-level baccalaureate social workers (BSWs) that are comparable to entry-level baccalaureate teacher pay levels. Given that no bill with a fiscal note (that cost money) was being considered for this session, we were not able to accomplish this goal. However, HB 753 by Raymond includes a study of the impact of salary on retention of CPS workers. We will continue to educate leadership and advocate for change on this level in the future. 2. Create a social worker loan repayment program (possibly funded by tobacco settlement funds). Although we did not have legislation that addressed this during the legislative session, we are advocating for this issue to be considered as an interim study item for the Senate Higher Education Committee. 3. Establish a Social Work Center for Workforce Studies (possibly funded by a surcharge on social work licensing fees). H.B. 2068, by Rep. Naishtat, (SB 1023, by Senator Rodriguez) - This bill establishes a Social Work Center for Workforce Studies. Attached to the Department of State Health Services, staff would conduct research on issues concerning the employment of social workers in Texas: workforce trends, areas of practice, workplace and work environment issues, compensation and benefits, professional challenges. This bill passed out of the House Human Services Committee, but died in House Calendars. We will explore other avenues to establish the center during the interim.

14. 14 NASW/Texas 2011 Legislative Agenda – How We Fared 4. Fund research at Texas Schools of Social Work. Given that no bill with a fiscal note was being considered, we were not able to accomplish this goal; We will continue to educate leadership and advocate for change on this level in the future. 5. Include social workers as providers of any and all services for which they are trained (assessment, diagnosis, treatment, testimony in court proceedings). HB 164 – Rep. Raymond agreed to include Social Workers as providers of evaluations of youth in the juvenile justice system, but unfortunately, this bill did not pass. HB 1994- Rep. Weber agreed to introduce a substitute that included Social Workers as providers in this first offender prostitution prevention program bill – PASSED HB 1797, by Rep. Naishtat – Allows people to sit for the Social Work licensing exam if they are from a school that is a candidate for Social Work accreditation. We testified for this bill – PASSED HB 2229 – Rep. Coleman passed a bill that creates an HIV Medication Advisory Committee with a designated slot for a social worker.

15. 15 NASW/Texas 2011 Legislative Agenda – How We Fared 6. Raise the classification level of social work positions in state government. Though we laid the foundation for change on this level by educating legislators about what social workers do and the value that goes along with that, we were not able to have the classification level raised. We will continue to push forward with this during the interim. 7. Work with our partners and coalitions to ensure appropriate funding for social service programs in the state budget. We worked with Texas Forward, Texans Care For Children, Mental Health Association of Texas, and the Texas Child Protection Roundtable, to name a few, to fight draconian budget cuts and preserve valuable social service programs. While many programs were cut, we did have some successes. (See bill list below). 8. Hire licensed professionals (including social workers) in state agencies and nonprofits. HB 753, by Rep. Raymond– NASW/TX was able to get Rep. Raymond to include hiring preferences for Social Workers as entry-level caseworkers - PASSED

16. 16 NASW/Texas 2011 Legislative Agenda – How We Fared 9. Give preference in hiring to and employ effective retention strategies for social workers in Protective Services entry-level positions. HB 753, by Rep. Raymond– See above 10. Enact liability protections for social workers who serve as volunteers during a disaster and exempt social workers from being licensed as private investigators when performing the work of a mitigation specialist. H.B. 823, by Rep. Farrar (S.B. 1090, by Senator Rodriguez). A bill that limits the liability of Social Workers who volunteer for charitable organizations. It adds a licensed social worker or a retired social worker to the definition of “volunteer health care provider” under the Texas Charitable Immunity and Liability Act of 1987. This will protect social workers as volunteers from civil liability, thereby encouraging volunteers to perform essential services on behalf of charitable organizations in a time of need. This bill passed out of the House Judiciary and Civil Jurisprudence Committee, but unfortunately died on the House floor on a point of order. H.B. 1779, by Representative Elliott Naishtat (S.B. 1188, by Senator Watson). A bill that exempts social workers from being licensed as a private investigator when performing the work of a mitigation specialist. – PASSED

17. 17 Other Legislation Directly Related to Social Workers  HB 285, Rep. Lucio III – Relating to the employment of certified counselors by school districts. We lobbied to get the Representative to introduce a substitute that would allow school districts to hire a Social Worker in lieu of a Counselor, if the need existed. Unfortunately, this bill did not receive a hearing.  HB 1192, Rep. Castro – Relating to the requirement and study of insurance coverage for serious emotional disturbance of a child. We spoke to staff to advocate for a substitute to include Social Workers as providers in this bill. The bill did not pass, but staff agreed to include us in future discussions.  HB 1797, by Rep. Naishtat – Allows people to sit for the Social Work licensing exam if they are from a school that is a candidate for Social Work accreditation. We testified for this bill in its original form. Sen. Huffman added the text of HB 3331 (see below) which NASW/TX was neutral on – the entire bill PASSED.  HB 3331, by Rep. Coleman – Relating to the exemption of certain persons who teach social work at institutions of higher education from the licensing requirements for Social Workers. This bill was successfully amended onto HB 1797, by Rep. Naishtat (above).  SB 243, by Sen. Patrick – Relating to the re-establishment of the Texas Bleeding Disorders Advisory Council. Adds a Social Worker to the Council – did not pass.  SB 681, by Sen. West – Relating to the establishment of a task force to study the assessments of children in the child welfare system. Includes an NASW member on the task force – Did not pass

18. 18 Social Work Practice Areas Impacted by Legislation  Child Welfare  Mental Health  Substance Abuse  Poverty  Aging/Geriatrics  Healthcare  Veterans Services  Schools  Juvenile Justice  Homelessness  Social Justice  Immigration  Community Development

19. 19 Budget Legislation – HB 1  Cuts Medicaid reimbursement rate for social workers by 5%  Funding for CPS direct delivery staff slightly increased from 2010-2011 levels  Cuts Prevention and Early Intervention funding by 30%; Cuts other At-risk Prevention programs by 74%  Restores funding to Nurse-Family Partnership  Holds most state agency programs to 2010-2011 levels  Creates Texas Juvenile Justice Department  Decreases the average number of Early Childhood Intervention (ECI), requiring DARS to narrow eligibility  Cuts public education by $4 billion  Increases Crime Victim Compensation funds by $4 million  Does not cut rates for doctors, dentists, nursing facilities or community care  Maintains current state and community mental health hospital bed capacity  Underfunds Medicaid services by $4.8 billion

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21. 21 How to Do Grassroots Advocacy: Advocate: to speak or write in favor of; support or urge by argument; recommend publicly

22. 22 Advocacy/Lobbying Strategies and Skills  Use other Social Workers as your power base.  Inform your legislator that other Social Workers are involved in the same process.  Know your issue thoroughly.  Anticipate oppositional claims and formulate persuasive rebuttals.  Think about if the issue you address is better attacked through incremental or fundamental changes.  It takes small steps to get to a big goal.

23. 23 What Can I Do… As an individual:  V O T E !  Write letters, make phone calls, sign petitions to include on line, e-mail, and visit my representative and senator  TELL A FRIEND about this issue, and get their support to include on-line buddies.  Join/Invite others to join NASW.  Join NASW/TX “Take Action Now” List serve  Get involved in a candidate’s race  Run for public office!  Join a NASW Critical Issue Advisory

24. 24 What Can We Do... As part of a statewide movement:  Be an advocate for your area of interest  Plan on attending advocacy days when they are held  Plan on attending a local advocacy activity if you can’t come to the Capitol  Testify at public hearings – in writing or in person

25. 25 Possible Local Social Work Advocacy Day/Social Work Month Activities  Request citation from City Council or Commissioner’s Court on local social work contributions to the community; have a social work contingency receive that citation at a council or court meeting that week  Have a letter writing campaign (letters to the editor) to the local paper regarding the many ways social work impacts the community  Host a benefit for a local charity using a local personality and featuring social work/social workers  Ask local paper or news outlet to do a feature on social work  Do a project that gets media attention such as painting someone’s house, getting blankets or socks for the homeless, providing a dinner to the elderly, repairing someone’s home, helping with people’s taxes, etc.

26. 26 Possible Local Social Work Advocacy Day/Social Work Month Activities continued  Have a Guinness Book of Records attempt, like the most social workers who volunteer at local schools in a day, etc.  Use a major news story of the day or week to point out how social workers can impact that situation for the better  In groups of 3-4, meet with every City Council Member and Commissioner’s Court Member in your community and talk about social work  In groups of 3-4, meet with every state representative and senator in your district(s)  Buy a billboard and promote social work for the day or month  Create a mural about social work and display it at a local mall or gathering place  Compile a book of testimonials from clients who appreciate the work of social workers

27. 27 Possible Local Social Work Advocacy Day/Social Work Month Activities continued  Reach out to employers who employ lots of social workers and ask for their cooperation and involvement  Give a “Good for Texas” award to a local official or personality who has supported social workers in the past  Have branch members sign a petition in favor of a particular issue and send it to state representatives and senators  Create some local statistics that you can use to impress the public, for example, # of vets receiving services from social workers, # of students seen daily by school social workers, # of elderly receiving APS visits, # of people placed by nursing home social workers, # of mental health visits daily, etc.  Make up your own!!!

28. 28 What Does a Texas Social Work Advocate Look Like? Meet April Young, UT School of Social Work MSW student, who chaired the 2011 NASW/Texas Advocacy Day Committee