Child Fatality Task Force to convene in anticipation of 2025 General Assembly recommendations

Posted on by Matthew Sasser

The Child Fatality Task Force will convene in a series of meetings over the next few months in anticipation of submitting its annual report to the General Assembly prior to the legislative session. 

Kella Hatcher, executive director of the Child Fatality Task Force, said this study cycle over the next few months will include three meetings each of the Intentional Death, Unintentional Death and Perinatal Health subcommittees. Three meetings of the Child Fatality Task Force will consider recommendations from the subcommittees to propose to the General Assembly. 

Hatcher noted that although the task force’s 2024 recommendations received little traction, 2023 saw legislative successes on various fronts. 

Task force recommendations that were passed included funding for the State Office of Child Fatality Prevention with the North Carolina Department of Health and Human Services, which was restructured and strengthened through the 2023 budget — $550,000 was allotted for the operational costs of the office, and $189,000 was distributed across all 100 counties for the 2024-25 fiscal year to support changes in child death review teams. 

North Carolina’s Safe Surrender Law was amended in 2023 to allow parents to legally and anonymously surrender an infant up to 30 days old to a designated safe person, defined as a health care provider, first responder or on-duty social worker. 

Other task force recommendations addressed in 2023 included passing a firearm safe storage and prevention law, creating funding for resources to prevent sleep-related infant deaths, increasing funding to increase the Medicaid maternal bundle rate to improve birth outcomes, and funding for comprehensive toxicology testing for all medical-examiner jurisdiction child deaths. 

Yearslong advocacy for increasing funding for more school nurses, social workers, counselors and psychologists was partially addressed in last year’s budget, Hatcher added.

“We’re far below nationally recommended ratios on those positions, and they play a really important role with suicide prevention and promotion of mental health and identifying kids in crisis,” Hatcher said, adding that the 120 positions approved for funding fell far short of the existing need.

When Hatcher last Thursday provided a legislative update on the task force’s 2024 recommendations to the second meeting of the Perinatal Health Committee of the year, she acknowledged the update would  be short and sweet. 

“As our legislative members know, there’s not a lot to tell you about what happened with respect to task force recommendations [in 2024],” Hatcher said, with Sen. Jim Burgin, R-Harnett; Sen. Gale Adcock, D-Wake; and Rep. Carla D. Cunningham, D-Mecklenburg, in virtual attendance. 

“The fact that the Legislature has not passed a comprehensive budget bill this year means there wasn’t the same sort of opportunity for our recommendations to be addressed,” Hatcher added in a follow-up interview with State Affairs. 

A partial 2024 General Assembly victory from a task force recommendation was securing $67.5 million in funding toward child care centers, which face losing federal dollars. Like the school nurse and social worker funding, Hatcher said, the approved funding does not rise to the need experts say exists. 

Hatcher credits state legislators who have championed task force recommendations and passed corresponding legislation. Though 2023 saw legislative movement on issues that had been percolating for years, Hatcher said 2024 recommendations such as legislation to address addictive algorithms in social media, Medicaid reimbursement of doula services and support for Fetal and Infant Mortality Reviews could return to their recommendation list for the longer legislative session.  

“We’re often revisiting [former recommendations] because the issues that prompted the task force to make a recommendation are still an issue,” Hatcher said. “They haven’t gone away.”

The Child Fatality Task Force will submit its annual report with General Assembly recommendations before the 2025 long session begins.

For questions or comments, or to pass along story ideas, please write to Matthew Sasser at [email protected] or contact the NC Insider at [email protected] or @StateAffairsNC 

More wrangling in the Prescott rodeo-gift clause lawsuit

Posted on by Yellow Sheet Report Staff

A Maricopa County Superior Court judge allowed for additional emails to enter the record and ordered a re-do on briefing in the legal fight over whether a $15.3 million legislative infusion to the Prescott Frontier Days Rodeo in the FY2024 budget violated the Arizona Constitution’s Gift Clause. In a filing Thursday, plaintiffs, represented by attorneys from the Arizona Center for Law in the Public Interest, flagged previously concealed internal emails from the Treasurer’s Office showing the development of a request for information process for pork fund recipients to ensure “legal cover” after the lawsuit was filed. The emails, the plaintiffs say, further contradicted the defendants’ position that the Treasurer’s office has the legal authority to administer funds, not just distribute funds, and could do so to make the appropriations above board and in line with the state constitution’s Gift Clause. Attorney Nicholas Ansel noted one exchange in which former assistant deputy treasurer Mark Swenson wrote current deputy treasurer Jeff Kros and said he was, “not a fan of the term administering as we were just tasked with distributing . . . but hey its (sic) yours and Jackie’s problem as I’m outta here soon! LOL.” In a statement sent to our reporter, Kros noted the Treasurer’s office “must ensure that appropriations made by the Legislature are distributed under the requirements of all the applicable laws to properly effectuate the Legislature’s intent, particularly if the language in an appropriations bill is vague or unclear. The processes we follow in these cases are required by state law and done with transparency.” He said the RFI process was carried out in a similar legislative appropriation in 2022. As for the cited emails, Kros said, “Statements made by the Treasurer’s staff were conflated amongst the several appropriations in the Legislature’s main spending bill and were made prior to determining that the grant approval process was necessary to carry out the appropriations.” He further clarified the treasurer’s office had not carried out a RFI process or distributed funds to the rodeo but has the “legal mechanisms to ensure the appropriation is granted to an eligible organization as intended by the Legislature” and “looks forward to receiving the court’s guidance on this important matter.” The parties were initially set to argue their respective motions for summary judgments Monday, but on Friday, Judge Scott Blaney, a Ducey appointee, reset the hearing to instead consider the motion to supplement the record. In court today, Danny Adelman, attorney for the plaintiffs, said though the claim that the legislature violated the Gift Clause does not turn on the recent evidence and could stand on its own legal ground, the recent emails undermine the defense presented by the treasurer’s office and the state. Brett Johnson, attorney for the Treasurer’s Office, and Kara Karlson, attorney for the state, contended the emails entered into the record are “undoubtedly protected by attorney-client privilege” given that “each communication constitutes requests for legal advice or were for the purpose of gathering information for legal advice, and therefore cannot be introduced as supplemental evidence,” and opposed the motion to supplement the record in a response filing. In a hearing today, Kathryn Bouton, attorney for the state, noted it did not have any opposition to supplementing the record with non-privileged documents and requested a “parallel opportunity to respond,” but did oppose allowing privileged documents into the record. Even so, attorneys for both the Treasurer and the State said there was nothing improper about the communications, “particularly when those communications led nowhere other than for the Treasurer to seek legal advice and to proceed with the grant solicitation process, again, a legal process,” attorney Ryan Regula said. “Had the Treasurer made distributions and carried out what was being requested in these emails, that would be a wholly different issue than the one that is before this court.” After hearing from the parties, Blaney, a Ducey appointee, said he ordered the Treasurer’s Office, the State and Prescott Frontier Days, and plaintiffs, Arizona residents, represented by the Arizona Center for Law in the Public Interest, to submit revised motions for summary judgment, responses and replies. Blaney sealed three exhibits temporarily as the parties conferred on privilege.

Hoffman urges Trump supporters to burn their vacations to chase ballots

Posted on by Yellow Sheet Report Staff

Arizona’s Freedom Caucus leader was a speaker featured at the Arizona for Trump rally in Glendale on Friday. Hoffman opened his remarks by addressing the audience as a “group of patriots who want to put America first.” In an energized five-minute speech, he criticized the DNC, took jabs at presidential candidate Kamala Harris and urged support for the former president and presidential candidate Donald Trump. He gave a shout out to Maricopa County Recorder candidate Heap, who the Freedom Caucus has largely backed since he announced he was running. “I’ve got a good friend, Justin Heap… He’s going to be on this stage a little bit later…and we are going to secure our elections here in Arizona,” Hoffman said. The tail end of his address was focused on Turning Point Action’s latest “Chase the Vote” initiative, when he thanked TPA’s Founder Charlie Kirk for “building the largest ballot chasing operation in the history of the Republican party.” Hoffman said TPA’s Chase the Vote initiative has hired “thousands of staff” to make sure that “every last vote is counted.” The group is actively hiring for over 100 full-time ballot chasing positions in Arizona, according to their website. TPA will cover lodging for out-of-state volunteers to fly to Arizona or Wisconsin to help register voters from Oct. 7 to Nov. 7, according to its website. “Do the work. Spend your vacation time saving America,” the website reads. He closed his remarks with a quote from founding father Patrick Henry, “Give me liberty or give me death,” he said, urging attendees to volunteer as ballot chasers. “You don’t have to give up your life, you just have to give up a little bit of time, you just have to get involved and commit to chasing 100 ballots.” 

Are the Democrats here in the room with us?

Posted on by Yellow Sheet Report Staff

While Republicans spent hours railing against the Left and riling up the audience at Friday’s Trump rally in Glendale, Heap tried to appeal to Independents and Democrats during his remarks. “To the independents and Democrats in the room today, and for those across Maricopa County, this is my message to you: join me,” Heap said to a stadium of reportedly 17,000 Trump supporters. “Free and fair and honest elections is not a Republican issue, it is an everyone’s issue.” The crowd was noticeably less energized by Heap’s speech in which he twice encouraged Independents and Democrats to vote for him and even referred to Harris. “If she were here today, I imagine that she would say that she would like to see our elections for what they can be, unburdened by what has been,” Heap said. His Democratic opponent in the Maricopa County recorder’s race, Tim Stringham, is hoping to sway moderate Republicans who voted for Richer over Heap in the primary. Heap also seems to be reaching across the aisle, but he couldn’t resist taking shots at the size of Harris’ Glendale rally earlier this month or the “Democrat-controlled media.” Heap declined to talk to our reporter at the rally about the recorder’s race. 

Arizona’s Thin Blue Line backs Gallego for US Senate

Posted on by Yellow Sheet Report Staff

The Arizona Police Association, the umbrella organization for much of the state’s police and public safety associations, endorsed Ruben Gallego over Kari Lake today. The APA cited Gallego’s efforts to secure more than $168 billion in law enforcement funding and support of legislation to address hiring and retention, mental health resources for officers, safety and de-escalation training and benefits for families of law enforcement officers. “As a Marine combat veteran, we know Congressman Gallego understands the complexities of modern policing in American society, while at the same time recognizing the public’s expectations,” APA president Justin Harris said in a statement. “The APA does not take our endorsement lightly; we recognize the importance of having a U.S. Senator that can bring people together to improve society for all. We believe Congressman Gallego will be that U.S. Senator.” Gallego’s law enforcement seal of approval comes after Harris took the stage and endorsed Trump at a rally Friday. The association endorsed Lake for governor in 2022 but declined to do so now. Lake has since responded on her X account by claiming her campaign has “overwhelming support from Arizona Law Enforcement” and claimed Gallego “marched in anti-cop protests” and “called police officers the bad guys.” GOP consultant Chuck Coughlin said the endorsement of Gallego “fits” given his military record and will assist in deflecting Lake’s criticism that Gallego is “soft on crime.” In Lake’s case, Coughlin said the endorsement “unquestionably hurts her campaign by undermining her credibility with the law enforcement community.” 

So-called ‘fake electors’ trial not likely to be heard till next year

Posted on by Yellow Sheet Report Staff

A judge set a tentative trial date for Jan. 5, 2026 in the case against the alternate electors and their co-conspirators in a complex case scheduling conference today. At any eventual trial, the state intends to call about 80 witnesses. The date and formation of further criminal proceedings against the indicted electors and their allies comes as their attorneys argue for the charges to be dismissed. They claim the indictment is insufficient as a matter of law and under the state’s anti-SLAPP statute, a state law barring criminal and civil lawsuits premised on preventing the exercise of a constitutional right, or in this case the right to free speech and to petition. Maricopa County Superior Court Judge Bruce Cohen, a Napolitano appointee, heard from attorneys for former Senate candidate Jim Lamon, and former Trump attorneys Rudy Giuliani and John Eastman today on the motions to dismiss as a matter of law and started to suss out arguments on the anti-SLAPP law. Cohen extended the proceedings into Tuesday to continue to delve into the anti-SLAPP motions to dismiss. Ten electors and six Trump allies remain in the case after elector Lorraine Pellegrino pleaded guilty to a single misdemeanor, which is punishable by three years unsupervised probation with community service as part of a plea deal, and Jenna Ellis, a former Trump attorney, saw her charges dismissed in exchange for cooperation with the prosecution.  

State budget rosier in July than expected

Posted on by Yellow Sheet Report Staff

JLBC’s August fiscal highlights report indicates revenue in July was 15% higher than July 2023, leading to an $83 million increase from the enacted budget’s revenue forecast. Most of that revenue came from corporate income tax, which was $53 million more than the forecast and 74% above corporate income tax collections in July 2023. JLBC analysts noted in the report the corporate income tax revenue is surprising because July typically shows less volatility for the tax category. Total collections in corporate income tax was nearly $142 million. “This was by far the highest level of net CIT ever collected in the month of July,” JLBC’s report states. Individual income tax was nearly 10% higher this time last year and generated $18 million above the forecast, while insurance premium tax collections generated a $12 million forecast gain at a 22% increase from July a year ago. Sales tax collections resulted in about a $9 million decrease from the forecast but was 2.6% above July 2023’s collection in the category. Overall, state revenue is projected to be $412 million above the enacted budget revenue forecast, but JLBC is unable to determine a total net gain to the state budget without state spending data. The office is reviewing initial spending data and will have an estimate of the ending balance by September.

Lawmakers reflect on legacy of Marvin Robinson

Posted on by Matt Resnick

The Aug. 22 death of Rep. Marvin Robinson II, D-Kansas City, caught many lawmakers by surprise. 

Multiple government officials told State Affairs that Robinson, 67, was battling a serious ailment that he only recently discovered. 

“I’m heartbroken and saddened about the passing of Marvin, and did not even realize he was as sick as he was,” Kansas Democratic Party Chair Jeanna Repass said. “And so we send our deepest condolences to him and his family, friends and community that supported him.” 

Robinson’s funeral service is tentatively scheduled for Sept. 7 at Young Memorial Church of God in Kansas City, Kan. The start time for the service has not yet been announced. 

“We are deeply saddened by this great loss,” House Speaker Dan Hawkins, R-Wichita, said Friday on Facebook. “Please join me in prayer for his family, friends, and colleagues. Rest in peace, friend.”

“I pray his friends and family find comfort in his memory as they mourn,” said House Minority Leader Vic Miller, D-Topeka, in a statement issued on Monday.

Robinson served one term as a representative for House District 35. He sought to retain the seat but was defeated by Wanda Brownlee Paige on Aug. 6 in a crowded primary field. 

Robinson’s term doesn’t expire until Jan. 2025, but Wyandotte County Democratic party officials may tap Robinson’s’s replacement during a meeting scheduled for Thursday. The agenda will likely include an official vote on the matter by Wyandotte County precinct captains, according to Repass. 

 “It is our hope and desire that they pick Wanda because she is the person the people have chosen to represent them,” Repass told State Affairs on Monday. 

Robinson often broke ranks with Democrats on major policy issues, even casting the decisive vote that overturned Gov. Laura Kelly’s veto of legislation cementing a transgender athlete ban at colleges and K-12 schools. And despite Miller’s many “political differences” with Robinson, he called him “a friend and mentor to many.”

“There’s no question he contributed in historic ways to his community, following in the footsteps of his family’s leadership,” Miller said, referencing Robinson’s cousin and House District 35 predecessor, Broderick Henderson. 

Repass said Robinson’s overall voting record “did not reflect the will of his constituency,” but added that she respected his advocacy efforts aimed at preserving the Quindaro townsite ruins in Kansas City, Kan. 

Quindaro was considered a vital entry point to Kansas for escaped Missouri slaves along the Underground Railroad beginning in 1857. 

“Quindaro is a significant part of Kansas’ history in the fight for freedom and equality, but for too long, our community has lacked the proper investments needed to preserve this important site,” U.S. Rep. Sharice Davids, D-Kansas, said in a news release last year  during a push for Quindaro townsite to receive designation-status as a historic landmark.

Sen. David Haley, D-Kansas City, said Robinson’s activism related to Quindaro dates back at least three decades. He said that Robinson’s advocacy efforts, “sometimes with a bullhorn,” aided Quindaro township from being converted into a landfill. 

“And that reverberated over 30 years ago,” Haley said, adding that Robinson used his unique knowledge of Quindaro townsite to educate the general public and elected leaders about its historical context and true meaning as a community treasure. 

“And its meaning to American society as well,” Haley said. 

Robinson was also a military veteran, having served in the Navy. Kelly has ordered flags on all state buildings, grounds and facilities to be flown at half-staff until sundown on the day of Robinson’s burial service.

“Representative Robinson showed a commitment to public service throughout his time in the Navy and the Kansas Legislature,” Kelly said in a news release. “My thoughts go out to his friends and family during this difficult time.”

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected]

Supreme Court won’t hear fight over Rokita job opinion

Posted on by Tom Davies

The Indiana Supreme Court has declined to take up a case seeking to force the public release of an ethics opinion on whether Attorney General Todd Rokita could continue working for a private business while serving in office.

The Supreme Court did not explain its decision not to consider an appeal of an April decision issued by the state Court of Appeals that sided with Rokita. The Supreme Court said Monday all five justices concurred with the action.

The appeals court’s 3-0 decision rejected arguments that the Legislature violated the state constitution by retroactively changing the law amid an ongoing lawsuit over Rokita’s refusal to release the ethics opinion from the state Inspector General’s Office.

Rokita cited that advisory opinion in his decision to continue working for the Indianapolis-based Apex Benefits after taking office as attorney general in January 2021.

The appeals court’s decision reversed a Marion County judge’s order that the ethics opinion issued to Rokita in 2021 should be released under the state public records law.

Attorney William Groth, who represents voting rights activist Barbara Tully in the lawsuit, argued the Legislature’s action in passing a retroactive law violated the separation of powers between the legislative and judicial branches.

The appeals court, however, ruled that such a constitutional violation had not occurred since the lawsuit against Rokita had not reached a final action by a Supreme Court decision or a lower court opinion that had not been appealed.

Rokita announced in March 2021 he was giving up his involvement with Apex, but Tully filed the lawsuit against him after the Attorney General’s Office turned down her public records request for the ethics opinion.

Groth told State Affairs on Monday that he hoped “for the sake of transparency” that Rokita would now release the inspector general’s opinion.

Groth pointed out that Republican legislators acted in 2023 to protect the opinion issued to Rokita just months after the Marion County judge had ruled the ethics opinion should be released.

“We will leave it to others to opine whether allowing the Legislature to interfere in ongoing litigation in this manner is sound public policy or consistent with the separation of powers,” Groth said.

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

Wichita psychiatric hospital construction set for 2025

Posted on by Bryan Richardson

The South Central Regional Psychiatric Hospital is on track to start construction in February, a Kansas Department for Aging and Disability Services official said Monday.

The psychiatric hospital — Kansas’ third, with the other two in Larned and Osawatomie — will be built at MacArthur Road and Meridian Avenue in southwest Wichita.

Scott Brunner, deputy secretary of hospitals and facilities, said the project reached a significant milestone when the Sedgwick County Commission approved the land donation agreement. The closing date is Aug. 30, he told the Bethell Joint Committee on Home and Community Based Services and KanCare Oversight.

“We’ve not run into any significant problems with the closing process,” Brunner said, “so hopefully we’ll have our site all buttoned up and ready to start the construction process by the end of this month.”

The department expects construction to last from February 2025 to August 2026.

“We hope we can announce a groundbreaking early in 2025 to stay on that timeline,” he added.

Brunner said the department on Friday received 50% of the construction documents for the facility’s design.

The request for proposals will open Oct. 24, with responses due by Nov. 22 and the selection process taking place in December, according to meeting documents.

Sedgwick County is leading the proposal process, Brunner said.

In May, Gov. Laura Kelly signed an omnibus bill that included $26.5 million for the hospital to build 104 beds instead of 52 as originally proposed.

“That’s the recommendation that our advisory panel made and you all have endorsed that as well,” Brunner said. “That gets us on a very good footing. As we put the bid documents out, we’re not putting it out in phases. It’s all one project.”

FY 24 reimbursements

The department spent $9 million in fiscal year 2024 to reimburse entities for their care of patients going to the state’s two existing psychiatric hospitals.

Brunner spoke to the committee about two 2023 bills that directed the department to provide reimbursement for costs related to delays in admission to the two state hospitals in Larned and Osawatomie.

Senate Bill 228 reimburses counties $100 per day for holding a person in custody while awaiting an evaluation or treatment to restore competency to stand trial.

House Bill 2184 provides payment for health care providers, law enforcement and other county entities for observation and transportation of someone being involuntarily committed.

The department paid out $7.85 million under SB 228 and $1.2 million under HB 2184.

Brunner said judges, not law enforcement, decide whether patients require their competency evaluated or restored. He said he doesn’t believe the incentives are there for law enforcement.

“We’ve made this process as simple as we can figure it out, but I don’t think it’s so easy that there’s enough incentive to try to game the system to have the counties make money off this,” he said. “At $100, they’re not making money on this at all.”

Committee chair Rep. Brenda Landwehr, R-Wichita, said her county’s sheriff “would love to see [patients] out of his facilities.”

A goal of the new Wichita hospital is to shorten the wait times on pending evaluations and treatments.

Bryan Richardson is the managing editor at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @RichInNews.

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