Advocacy and Elected Officials:

How a Small Coalition Leveraged

Resources to Protect ChildrenKim Day

Deputy Director

National Children’s Alliance

November 24, 2014

3:15 – 4:45 PM

Tennessee Capitol

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.

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.

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!

2009

Summit to End Child Abuse &

Neglect Deaths In America

• 150 child welfare experts from

across the country

• Developed recommendations to

reduce CAN fatalities

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

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

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

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

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

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)

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.

Death Certificate: Natural, SIDS

Law Enforcement: No report

CPS: Neglect, suffocation

CDR: Accidental suffocation and neglect

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.

Death Certificate: Natural, related to perinatal conditions.

Medical Examiner: not notified

Law Enforcement: no report

CPS: Not reported

About Coalition Members

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

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

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

Key Reports

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)

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

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.

National Spokesperson

Congressional Briefings

and Hearings

Garnered Media Attention

More media

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.”

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

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.

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.

Lobbying!

• Someone WILL educate them-who should

that be?

• 20 % Rule

• Direct impact

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.

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

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.

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.

Questions & Answers

Any questions?