Some states will celebrate.  Others will cringe.  Policymakers, bureaucrats and child advocates are sure to thumb through the pages of the first-annual Right for Kids Ranking to see how their child welfare system compares to every other states’ and the District of Columbia’s.

The 2012 Right for Kids Ranking, authored by Foundation for Government Accountability Chief Executive Officer Tarren Bragdon, is a first-of-its-kind report that scores each state’s child welfare system performance overall, and in 11 key outcome areas.  The ranking methodology relies on 41 different data measures uniformly reported to the federal government, and a state’s 2012 ranking compared to its ranking in 2006.

A state’s child welfare system typically operates out of the public eye unless a tragedy, often the death of a child, pulls the system from the shadows to the front page.  It shouldn’t be this way, Bragdon said.  1,770 children in America die from abuse each year, and at least 740,000 more are abused or neglected.  The Right For Kids Ranking shows which states are doing the best job for vulnerable kids, and serves as a guide for states to improve in the 11 key outcome areas.

The report identifies the overall Top Five Right for Kids states as: Idaho (1), New Hampshire (2), North Carolina (3), Florida (4), and New Jersey (5).  The Bottom 5 Wrong for Kids states are: South Dakota (47), Illinois (48), Oregon (49), Massachusetts (50), and Washington D.C. (51).  RightForKids.org, a companion Web site to the report, presents nine years of child welfare data in an interactive way, and allows users to chart information unavailable in the report.

A state’s overall rank is important, but its rank in each of the 11 key outcome areas is also meaningful.  A state may perform well overall, but may need improvement in a specific outcome area.

New Hampshire ranks second overall in the 2012 Right for Kids Ranking, but ranks 36^th in Outcome 4—length of time before a state safely returns children to their biological families whenever possible and appropriate.

The Granite State could learn how to improve its Outcome 4 performance from a state like Mississippi.  Although Mississippi ranks a disappointing 43^rd overall, its Outcome 4 fourth place rank is impressive.

A rare showing of bipartisanship made it easier for a state’s child welfare system performance to improve.  Last fall, Congress gave states tools for child welfare reform, including flexible funding waivers with the freedom to dedicate resources toward prevention strategies.

Every state, regardless of their overall rank, can and should improve its child welfare performance, Bragdon explained.  Now that Congress has given states the tools and flexibility, governors and state policymakers should use the 2012 Right for Kids Ranking as a handbook to guide reform.

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Read the full report here

Visit the companion website at www.RightForKids.org
________________________________________________________________

CONTACT:
Chris Cinquemani, Chief Operating Officer
239.244.8808 (o), 207.240.7090 (m) chris@FloridaFGA.org

Georgia State Representative Jason Spencer, sponsor of HB 668, invited Bragdon to testify in support of his bill after studying earlier FGA research on Florida’s welfare cash drug testing requirement.  FGA analysis of state-generated data from the first quarter of the Florida law showed a 48 percent drop in monthly cash assistance approvals and a drug-related denial rate of 19 percent.  In all, Florida taxpayers saved an estimated $1.8 million.

In December, Bragdon gave a similar presentation on Florida’s welfare cash drug testing law to the Health and Human Services Task Force of the American Legislative Exchange Council, an association of public, private and non-profit policy leaders who collaborate to develop ideas that address common challenges faced by the states.

“Drug testing ensures taxpayers’ generosity won’t fund illegal drug addiction by setting reasonable parameters for welfare cash,” Bragdon explained.  “Florida’s law proves this welfare accountability measure achieves major taxpayer savings.  It preserves benefits for the truly needy, and keeps children safer by no longer enabling meth moms and dope dads with no-strings welfare cash.  Representative Spencer’s bill will accomplish these same positive results.”

Georgia State Representative Jason Spencer (left) with Foundation for Government Accountability CEO Tarren Bragdon (right) at a legislative hearing on Rep. Spencer's bill to require drug testing for welfare cash applicants in Georgia.

Like Florida’s law, the Georgia bill requires welfare cash applicants test negative for drug use before receiving welfare dollars and compels the state Department of Health and Human Services to provide a list of area drug treatment facilities to applicants who test positive.  The Georgia bill specifically exempts applicants’ drug testing results from public records laws and criminal investigations.

“It’s critical for both taxpayers, and for the children state welfare programs are meant to protect that welfare cash assistance is not used to subsidize an illegal addiction.  My bill in Georgia is one part of a broad and important nation-wide movement toward welfare accountability,” Rep. Spencer said.  “I’m grateful the Foundation for Government Accountability has done such great work researching the success of Florida’s law.  Tarren’s testimony is important for my colleagues in the Georgia Assembly to hear and understand.”

According to recent media reports, up to 37 states are considering welfare cash drug testing.  Besides Florida, Arizona and Missouri have already passed such legislation.  Many reject the activist ruling of pro-addict federal Judge Mary Scriven temporarily halting Florida’s law.  State leaders understand her decree—criticized by legal scholars and child advocates—is wrong and puts kids at risk.  Governor Rick Scott has appealed her decision.

“The success of Florida’s welfare cash drug testing law is clear, and I am encouraged that Georgia and other states are headed in the same direction,” Bragdon said.  “Representative Spencer should be commended for his leadership on this important issue.  The Foundation for Government Accountability supports his efforts, and the work of other state leader looking to protect kids and save taxpayer dollars.”

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CONTACT
Chris Cinquemani, Vice President
239.244.8808 (o), 207.240.7090 (m), chris@floridafga.org

U.S. District Court Judge Mary Scriven's pro-addict ruling blocked Florida's successful welfare cash drug-testing law on October 24, 2011.

Governor Rick Scott has since appealed Scriven’s ruling; a decision FGA has praised.

And based on a paper released last week by the National Center for Public Policy Research, Gov. Scott was right to appeal.

The author, Horace Cooper, former constitutional law professor at George Mason University, took Scriven to task:

Legal scholar Horace Cooper disagrees with Judge Scriven's ill-conceived ruling.

 

[The ruling] “is really predicated on an outdated idea that [welfare cash] recipients have either an entitlement or other heightened legal claim on the benefits they receive from taxpayers.”

Scriven doesn’t believe her opinions are outdated at all, and isn’t bothered by our tax dollars funding illegal drug addiction.  From her opinion:

“[T]hose welfare recipients who screened and tested positive for the use of illicit substances were found to be just as likely to work and just as likely to use social service benefits as those who screened and tested negative.”

Other studies refute the idea that drug addicts are just as productive members of society as non-addicts.  Scriven doesn’t seem to be moved by facts.

But Longwood Mayor Joe Durso, who also serves as vice president of a child services agency, is a leader who is moved by facts (maybe the biggest difference between the elected official accountable to taxpayers and the unelected judge accountable to no one.)

In an Orlando Sentinel Op/Ed, Mayor Durso expresses support for welfare cash drug testing based on his experiences as both an elected official and a child advocate:

Longwood Mayor and child advocate Joe Durso believes strongly in welfare cash drug-testing to help keep Florida kids safe.

“I feel strongly that public servants, whether elected or appointed, should be responsible stewards of your tax dollars.  Florida legislators demonstrated such fiscal accountability by passing this law.  When a policy achieves both greater child safety and taxpayer savings, I feel doubly compelled to speak in support.”

Mayor Durso also highlights FGA research that found welfare cash drug testing saved Florida taxpayers an estimated $1.8 million in three months.

Despite significant taxpayer savings, more welfare accountability, increased child safety, and legal precedent, Scriven ruled in favor of addicts, and put Florida kids at greater risk.

In his paper, Horace Cooper summarizes the impact of Judge Scriven’s ruling to a tee:

“As a precedent, Judge Scriven’s ruling is off the mark and epitomized judicial micromanagement of American domestic and social policy.”

The battle for welfare accountability is not over—not in the courts or in state governments across the nation.  Hopefully, Judge Scriven’s ruling will be overturned.

“Child advocates and welfare watchdogs are proud of Governor Scott today for fighting Judge Scriven’s dangerous decision enabling addict parents with more welfare cash.  Our tax dollars should not be used to fund illegal drug addiction that traps children in unsafe homes.”

“Judge Scriven put Florida kids at greater risk and terminated a welfare accountability program that achieved major savings for Florida taxpayers.  During the three months welfare drug-testing was law, the state saved $30.64 in drug-related denials for every $1.00 spent reimbursing applicants who were drug-free.  That’s $1.8 million in savings and peace of mind that welfare dollars were reserved for people who were honestly in need of a temporary hand up.”

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Contact:

Chris Cinquemani, Vice President
239.244.8808 (o), 207.240.7090 (m)
chris@floridafga.org

“Judge Scriven’s ruling against Florida’s drug-testing requirement for taxpayer-funded welfare cash is disappointing, and removes needed accountability from our welfare system.  Our analysis of the law shows that the requirement is saving the state millions in welfare benefits, and helps ensure taxpayer dollars are reserved only for the truly needy.”

“The Foundation for Government Accountability rejects the notion that setting parameters around the distribution of welfare cash is unconstitutional.  This law does not require universal drug testing.  Rather, it places the reasonable requirement of sobriety on those who wish to benefit from taxpayers’ generosity.  I urge Governor Scott and Attorney General Bondi to fight this decision, and to explore even more ways to improve accountability for welfare cash.”

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CONTACT:

Chris Cinquemani, Vice President

239.244.8808 ext. 2, chris@floridafga.org

NAPLES, FLORIDA – The rates of drug-related denials for welfare cash vary widely between Florida counties, while the new drug testing requirement state-wide continues to achieve major taxpayer savings, according to a first quarter analysis of the program published today by the Foundation for Government Accountability (FGA).

The analysis, Florida’s Drug Test Law for Welfare Cash Assistance: First Quarter Facts, authored by FGA President and Chief Executive Officer Tarren Bragdon reports that the state has an overall drug-related denial rate of 19 percent in the first quarter.  Mainly as a result of these substantial drug-related denials, the state experienced a 48 percent drop in monthly welfare cash approvals since the testing requirement began.  With a savings of approximately $1,125 for every drug-related denial, taxpayers saved an estimated $1.8 million during the first quarter alone.

Also, 28 percent of applicants who tested negative for drug use applied for reimbursement of drug testing fees, costing the state $58,000.  The report found that for every $1.00 the state spent reimbursing negative drug test results, taxpayers saved $30.64, indicating a significant return on investment.

“Our drug testing requirement to receive welfare cash is achieving tremendous savings for Florida taxpayers,” Bragdon said.  “More importantly, this requirement ensures welfare cash will not be used to subsidize an illegal drug habit, and will be reserved only for those drug-free and accountable individuals in need of a temporary hand up.”

FGA’s paper also examines county-level drug-related denial reporting during the program’s first quarter.  The results show wide and dramatic variances in drug-related denial rates by county.  11 of Florida’s 67 counties had a denial rate of 33 percent or higher for otherwise eligible applicants during the program’s first months.  Ten counties had no drug-related denials, meaning all welfare cash applicants tested negative
for drug use.  Interestingly, counties with no drug-testing sites have among the lowest rates of drug-related denials.  Population and geography
do not seem to be an indicator of drug-related denials either.

“County-level reporting reveal that drug-related denials rates do not seem to correlate population, geography, or even number of drug testing sites,” Bragdon said.  “What we do know is that Florida’s drug testing requirement for welfare cash is saving taxpayers money and preserving
precious dollars to maintain a critical safety net for those in need. Other states should look to Florida as a model to help achieve compassionate,
accountable welfare reform.”

CLICK HERE TO VIEW THE REPORT

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CONTACT:

Chris Cinquemani, Vice President

239.244.8808 ext. 2, chris@floridafga.org

ABSTRACT

Florida’s Welfare Cash Assistance Drug Testing requirement has been law for one full quarter.  Florida is the first state in the last decade to implement a drug testing requirement for adults otherwise eligible for welfare cash assistance (TCA).  The impact of the new law has been profound, with a 48 percent drop in monthly cash assistance approvals, 19 percent of otherwise eligible applicants being denied for a drug-related reason, and savings of $30.64 for every one dollar spent on the new requirement.  At the county level, eleven Florida counties have a drug-related denials rate of greater than one in three, while ten counties have had no drug-related denials over the full three months.

BACKGROUND

Beginning in July 2011, Florida began requiring adults who were otherwise eligible for welfare cash assistance to submit a negative drug test before receiving benefits.  Since the program has been in effect for a full quarter, this report looks at the state’s experience during these first three months, and updates projections of the law’s likely fiscal impact during the first full year of operation.  The program is currently subject to a lawsuit in federal court filed by the ACLU of Florida challenging the constitutionality of this requirement, which is explicitly allowed by federal law.

FIRST QUARTER RESULTS

• 48% drop in cash assistance approvals since drug test requirement

The impact of drug testing for welfare cash assistance is having a dramatic impact on approvals for cash assistance.  Approvals for September 2011 (for cash assistance applicants for eligible adults subject to the drug testing requirement) were 62 percent lower than September 2010 and 48 percent lower than in June 2011, the month before the drug testing requirement took effect.[1]

This reduction is exclusive to cash assistance.  Food Stamps and Medicaid approvals are consistent with levels seen throughout 2010 and to date in 2011, as shown in Chart 1.

• $58,000 in drug testing fees reimbursed

In the first quarter, 7,028 applicants completed the drug test and tested negative for drug use, completing their eligibility requirements for welfare cash assistance.  Of these 7,028 approved applicants, only 2,163 adults (from 1,971 families) requested and received reimbursement for their drug testing fees.  That means just 28 percent of approved applicants have requested and received reimbursement in the first quarter.  Average reimbursement per adult is $26.78 with a total of $57,920.95 in testing fees reimbursed.

• 19 percent (First Quarter) and 35 percent (September 2011) of otherwise eligible applicants received a drug-related denial

For the 7,028 welfare cash assistance applicants approved in the first quarter of the drug testing requirement, another 1,629 were denied for a drug-related reason.  All but 32 of these denials were because the applicants did not get the required drug test at one of 350 drug testing sites across the state.  Thus, in the first quarter, 19 percent of otherwise eligible applicants were denied for a drug-related reason.  For September, these drug-related denials were an astounding 35 percent of all otherwise eligible applicants, as shown in Table 1 on page 3.

• $1,125 –taxpayer savings for each drug-related denial

The Department of Children and Families reports that the average cash assistance recipient family with an eligible adult receives a monthly cash benefit of $250 and receives cash benefits for an average of four and one-half months.  Thus, each drug-related denial results in savings to taxpayers of $1,125 ($250 average monthly benefit times 4.5 months).[2]  Using this average savings, Table 1 shows that the total first quarter savings from all drug-related denials is $1.8 million.  Monthly savings from August and September denials account for almost all of this $1.8 million.  This suggests that total annualized savings from the drug testing requirement could approach $11 million, based on the experience in August and September projected forward for a full 12 months.

• $30.64 –savings for every $1 spent reimbursing drug test fees for those testing negative

With almost $58,000 spent reimbursing drug test fees and total savings from drug-related denials at $1.8 million, the drug test requirement is saving Florida taxpayers $30.64 for every $1 spent.  More importantly, that is $1.8 million in welfare cash denied to individuals unwilling to confirm it will not be used to subsidize an illegal drug addiction.

County-Level Results for Florida’s 67 counties

County-level reporting for the first quarter shows that drug-related denials vary dramatically by county.  In Liberty County, there was a 100 percent drug-related denial rate as the one otherwise eligible applicant never went for a drug test.  However, in Hendry and Jackson Counties, half of otherwise eligible applicants were denied for a drug-related reason.

Table 2 shows county-level denials for the first quarter.  Eleven counties have a drug-related denial rate of 33 percent or higher.  And ten counties had NO drug-related denials.  Interestingly, rates do not vary significantly based on the number of drug testing sites in the county, also shown in Table 2 on pages 4 and 5.  Counties with no drug-testing sites have some of the lowest rates of drug-related denials.

National Implication

If Florida’s policy were replicated nationwide, the fiscal savings would be substantial.  According to the U.S. Department of Health and Human Services, there was an average of 140,842 Temporary Assistance for Needy Families (TANF) applicants approved each month during Fiscal Year 2011.[3] If, like in Florida, a similar 19 percent were denied for drug-related reasons (26,760) with a similar annualized savings as Florida’s, then nationally, a drug testing requirement just for new applicants for just TANF alone could save American taxpayers more than $361.3 million every year.  Even accounting for the expense of reimbursing all testing costs for negative results ($26.78 times 114,082 applicants monthly with a negative test =  $3,055,116) would achieve net savings of  $324,598,338 annually for federal and state budgets.

Conclusion

The first quarter results show the dramatic impact of Florida’s drug testing requirement for applicants for welfare cash assistance.  This requirement has led to a dramatic 48 percent drop in monthly approvals, an overall drug-related denial rate of 19 percent, and almost $1.8 million in savings to taxpayers.  Denials vary greatly by county, with at least one in three applicants being denied for a drug-related reason in 11 counties and no drug-related denials in another ten counties.

The Foundation for Government Accountability will continue to monitor the impact of Florida’s drug testing requirement with regular reports.

Sources:

1. All data taken from a public records request to the Department of Children and Families completed on October 7, 2011, unless otherwise noted.

2. Department of Children and Families public records request on October 10, 2011.

3. “TANF: Average Number of Applications Approved: Fiscal Year 2011.” U.S. Department of Health and Human Services’ Administration for Children and Families.  July 25, 2011.  Available at: http://www.acf.hhs.gov/programs/ofa/data-reports/caseload/applications/tanf_fy_tappsapprv_2011.htm

View a PDF of the report

The report is getting extensive coverage, including in today’s Florida Independent.

The Attorney General references the Foundation for Government Accountability’s latest report.  FGA’s report showed that 9.6 percent of applicants who would have been otherwise approved for cash assistance were denied for a drug-related reason during July 2011 and that the drug testing requirement could save up to $9 million a year.

FGA’s report has received extensive coverage including in the Sunshine State News, the Broward Palm Beach – New Times, the Miami Herald, the Sun-Sentinel, the Lakeland Ledger, and the Orlando Sentinel.  In addition, the report is now being cited in other states considering similar legislation.