Legislature(1995 - 1996)
1996-04-09 House JournalFull Journal pdf
1996-04-09 House Journal Page 3665 HB 339 The following, which was advanced to third reading from the April 4, 1996, calendar (page 3644), was read the third time: CS FOR HOUSE BILL NO. 339(JUD) An Act relating to children-in-need-of-aid proceedings; allowing termination of parental rights with respect to a child in need of aid as a result of parental conduct or parental incarceration if the conduct or incarceration is likely to continue to exist sufficiently long to seriously damage the parent and child relationship or to cause serious emotional or physical harm to the child; and providing for an effective date. Representative Brown moved and asked unanimous consent that CSHB 339(JUD) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Brown: Page 1, line 1 (title amendment): Delete "allowing termination of" Insert "relating to the termination of parental rights of incarcerated parents; and" Page 1, lines 2 - 5 (title amendment): Delete all material. Page 1, line 12, through page 3, line 3: Delete all material and insert: "* Sec. 2. AS47.10.080 is amended by adding a new subsection to read: (o) For purposes of terminating a parent's parental rights under the standards in (c)(3) of this section, the court may determine that incarceration of the parent is sufficient grounds for 1996-04-09 House Journal Page 3666 HB 339 determining that a minor is a child in need of aid under AS47.10.010(a)(2)(A) as a result of parental conduct and that the conduct is likely to continue if the court finds, based on clear and convincing evidence, that the (1) period of incarceration that the parent is scheduled to serve during the child's minority is significant considering the child's age and the child's need for an adult's care and supervision; and (2) parent has failed to make adequate provisions for care of the child during the period of incarceration that will be during the child's minority." Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 339(JUD) am An Act relating to children-in-need-of-aid proceedings; relating to the termination of parental rights of incarcerated parents; and providing for an effective date. The question being: Shall CSHB 339(JUD) am pass the House? The roll was taken with the following result: CSHB 339(JUD) am Third Reading Final Passage YEAS: 29 NAYS: 4 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Hanley, Ivan, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: James, Kelly, Ogan, Vezey Excused: Foster, Grussendorf, Masek, Nicholia, Parnell 1996-04-09 House Journal Page 3667 HB 339 Absent: Moses, Navarre Kubina changed from "Nay" to "Yea". And so, CSHB 339(JUD) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kubina gave notice of reconsideration of his vote on CSHB 339(JUD) am.