How a Small Coalitions Leveraged Resources To Protect Children

1. Advocacy and Elected Officials:
How a Small Coalition Leveraged
Resources to Protect Children
Kim Day
Deputy Director
National Children’s Alliance
November 24, 2014
3:15 – 4:45 PM

2. Tennessee Capitol

3. Agenda
• Understand the impact legislative advocacy has on our
elected representatives.
• Review and learn keys to advocacy at all levels of
government.
• Discuss real life example of advocacy impacting change
and creating the Commission to Eliminate Child Abuse
and Neglect Fatalities.

4. What is Legislative Advocacy?
• Advocacy can be challenging because there is
no one set of instructions on how and where to
begin, and what is effective.
• Advocacy definitions are sometimes used
interchangeably, which can blur their
understanding.
– For example, terms such as advocacy, lobbying and
education are all used interchangeably.

5. Legislative Advocacy –
Nonprofits
• Nonprofit advocacy can mean different things to
different people and is usually at the heart of an
organization’s activities, strategies, mission,
core values and overall effectiveness.
• Advocacy is about speaking out and making the
case for something important.
• Everyone can be an advocate!

6. 2009
Summit to End Child Abuse &
Neglect Deaths In America
• 150 child welfare experts from
across the country
• Developed recommendations to
reduce CAN fatalities

7. NCANDS
Child Abuse and Neglect Deaths in U.S.?
• Federal data: 18,548 children died
from 2001-2012
• In 2012: 1,593 children died
How old were the victims?
• 79% of victims under 3 years of age
• 48% of victims <1 year

8. Unknown Scope of Problem
of Fatal Maltreatment
• Several studies: significant
undercounting of maltreatment deaths;
true number is several thousands more
over 10 years
• 2,500+ CAN deaths in U.S. every year
• 7-8 children are killed every day

9. Why Most Americans Do Not Know
about 2,500 Deaths
1. Actual number of children who die is unknown
2. National press limits its coverage to
sensational and individual cases
3. Confidentiality laws
• Interfere with information gathering/sharing
• Hinder public understanding
• Shield elected officials

10. Surveillance: Where Child Maltreatment
Deaths are Registered and Counted
• Death Certificates
• State Child Abuse Reports Submitted
to NCANDS
• Police Records to Uniform Crime
Statistics
• State Child Death Review Data
• Individual State Reporting Sources

11. Areas We do not
Count/Respond to Well
• Neglect
• Poor supervision
• Drug-exposed or FAS infants
• Failure to thrive
• Failure to use safety devices
• Allowing developmentally inappropriate activities
• Suffocation by overlay or positional asphyxia
• Deaths occurring while caregiver is intoxicated
• Caregivers with disabilities, impairments

12. How Cases are “Missed”
• Lack of knowledge
• Limited investigations
• Failure to report by emergency departments
• Different definitions and standards in states
• Minimum federal standard
• Lack of communication (CPS, law
enforcement, medical examiner/coroner)

13. Baby Albert
• 4 month old baby boy, born drug exposed.
• Sleeping on couch with mom and dad, found at 2
am not breathing.
• EMS responded, found both parents intoxicated
and drug paraphernalia.
• 8 year CPS history on both parents, rights
terminated on 4 other children.
• Mother lost 2 children in a fire when a drug deal
went bad-house was firebombed.

14. Death Certificate: Natural, SIDS
Law Enforcement: No report
CPS: Neglect, suffocation
CDR: Accidental suffocation and neglect

15. Baby Steven
• Child born drug exposed to cocaine, premature.
• Birth mother had 10 other children removed at
various points.
• At two months, baby died due to respiratory
distress, conditions related to perinatal conditions.
• Baby severely underweight for age.
• Baby had not had any other medical
appointments since leaving hospital.
• Mother actively using.

16. Death Certificate: Natural, related to perinatal
conditions.
Medical Examiner: not notified
Law Enforcement: no report
CPS: Not reported

17. About Coalition Members

18. Coalition’s Approach
to National Problem
1. Elevate national attention/action to
prevent CAN fatalities
2. Target efforts to lawmakers, the federal
government and the public

19. Lobbying: In-person
meetings with Elected Officials
• Elected officials can be visited on the job either
in Washington, Nashville, City/County chambers
or back home in their respective districts.
• 5 things to discuss when visiting elected officials:
– Who you are and where you live
– Group membership advocating for the issue being discussed
– What you would like to discuss
– Any action items
– Leave-behind material about the topic

20. Accomplishments
2010
• Met with the Government Accountability Office
(GAO) as consultants for their study of Child
Fatalities Associated with the Child Welfare System-get
on the train
• Released the second edition of the report We Can
Do Better: Child Abuse and Neglect Deaths in
America-educate
• Held a press conference featuring experts from the
five national member organizations, resulting in 25
national media stories on child abuse deaths-elevate
attention
• Held a briefing hosted by Sen. Susan Collins of
Maine

21. Key Reports

22. Accomplishments
• Conducted congressional briefing with honorary
sponsor Chairman David Camp (R-Michigan), of
the Committee on Ways and Means
• Worked with Senator John Kerry (D-MA) to
develop language for the Protect Our Kids Act.
The Act (S.1984) was sponsored by Senator Kerry
and Maine Republican Senator Susan Collins. An
identical bill was introduced in House (H.R. 3653)
by Representative Lloyd Doggett (D-TX)

23. Lobbying:
Writing your Elected Official
• Elected officials pay attention to their mail!
• Letters/emails to policymakers at all levels should:
 Be concise, informed and polite
 Be brief (1-2 pages, a few paragraphs)
 State your purpose in the first paragraph
 Include your full name and home address
• If your letter is about a bill or specific policy:
 Cite the bill/policy
 Say whether you support/oppose the policy
 Speak from personal experience
 Ask for their views/help with issue

24. Lobbying:
Calling your Elected Official
• Elected officials also pay attention when individuals take
time to call and express their views – and the same
general rules for writing apply.
• The federal government, and some states, have a toll-free
line into their Capitol while they are in session.
• The U.S. Capitol Switchboard toll-free numbers:
– 1-800-828-0498 /1-877-762-8762 /Or by directly calling 202-224-3121
• To find contact information for your Tennessee elected
officials, visit: http://www.capitol.tn.gov/legislators.

25. National Spokesperson

26. Congressional Briefings
and Hearings

27. Garnered Media Attention

28. More media

29. Protect Our Kids Act of 2012
The National Commission to
Eliminate Child Abuse Fatalities
• December 2011 Senator Kerry
“Mr. President, Currently, the United States does not
have a comprehensive strategy for addressing child
abuse fatalities. We also lack a national standard for
reporting these fatalities, leaving many of these deaths
to be largely underreported. That is why today I am
introducing the Protect Our Kids Act, which will
establish the Commission to Eliminate Child Abuse and
Neglect Fatalities.”

30. National Endorsements
• American Academy of Pediatrics
• A Child Is Missing, Inc.
• American Psychological Association
• Alliance for Children and Families
• American Professional Society for the Abuse of
Children
• Benedictine Sisters
• Catholic Health Initiatives
• Center for Public Policy Priorities
• Children’s Advocacy Institute
• Children Without A Voice USA
• Child Welfare League of America (CWLA)
• Coalition on Human Needs
• Community Action Partnership
• Council for Opportunity in Education
• Every Child Matters Education Fund
• First Focus
• First Star
• Franciscan Action Network
• National Alliance of Children's Trust and
Prevention Funds
• National Association of Social Workers (NASW)
• National Center for the Review and Prevention
of Child D 2011
• National Child Protection Training Center
• National Child Abuse Coalition
• National Children’s Alliance
• National Coalition to End Child Abuse Deaths
• National Collaboration for Youth
• Orthodox Catholic Church
• Parents and Teachers Against Violence in
Education
• Prevent Child Abuse America
• Sisters of Presentation
• Sisters of Mercy of the Americas
• Stop It Now!
• United Methodist Women
• Women’s International League for Peace and
Freedom
• World Knowledge Bank

31. Protect Our Kids Act
H. R. 6655
AN ACT
To establish a commission to develop a
national strategy and recommendations for
reducing fatalities resulting from child
abuse and neglect.

32. Lobbying?
• Organizations shy away from direct
lobbying of Congress because of a
predisposed position that nonprofits are
not allowed to lobby.
• In fact, congress would like nonprofits and
advocacy groups to help better educate
them on topics impacting their
communities.

33. Lobbying!
• Someone WILL educate them-who should
that be?
• 20 % Rule
• Direct impact

34. Federal Lobbying Rules/
Disclosure
• In 2007, Congress passed a law establishing new thresholds
that determine what “is” a lobbyist and who must register at
the federal level.
• A person is required to register as a “lobbyist” if
– (1) they have “more than one lobbying contact”; and
– (2) their “lobbying activities” during a quarterly period
constitute at least 20% of the individual’s time.
• If the definition of “lobbyist” is met, the organization is only
required to register if it spends more than $10,000 on lobbying
activities.
• Each state has its own separate rules related to lobbying.

35. Tennessee Lobbying Rules/
Disclosure
• In Tennessee, a lobbyist is a person who paid to
communicate, directly or indirectly, with state
government officials for the purpose of influencing
action.
• The term lobbyist does not include an employee of a
governmental entity.
• Note: A third party contracted to lobby for governmental
entity is included in the definition of lobbyist
• For more info on lobbying rules and TN, visit:
http://www.tn.gov/sos/tec/Lobbyist%20and%20Employers%20of%20Lobbyist/FAQ%2
0lobbyists%20Employers.html

36. Nonprofits and Lobby Registration
• Federal lobbying rules have different requirements for
nonprofit organizations.
• The rules make a distinction between education and direct
lobbying activities – with only direct lobbying requiring
disclosure.
• For example, if a nonprofit meets with a House or Senate
member to educate them about CACs, or is called to testify on
child abuse, neither action is considered lobbying activity.
• However, meeting with Congress to advocate for our federal
funding in the CJS appropriations bills is considered lobbying
– at which point the previous rules on registration apply.

37. 114th Congress/
New TN Legislative Sessions
Action items as we go forward:
• Write a welcome letter to all new and returning elected
officials (all levels) congratulating them on their win and
introducing (or reintroducing) them to CACs.
• Identify elected officials that are potential supporters for
legislation.
• Schedule follow-up in-person visit with member or staff to
discuss CACs and our issues.
• Consider a media strategy for editorials and letters to the
editor.

38. Questions & Answers
Any questions?