2005-01-26                     House Journal                      Page 0166
HB 112                                                                                            
HOUSE BILL NO. 112 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to child protection, including forensic interviews                            
     and transportation of children; and providing for an effective                                 
     date."                                                                                         
                                                                                                    

2005-01-26                     House Journal                      Page 0167
was read the first time and referred to the Health, Education & Social                              
Services and Judiciary Committees.                                                                  
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Health & Social Services                                                         
                                                                                                    
The Governor's transmittal letter dated January 25, 2005, follows:                                  
                                                                                                    
"Dear Speaker Harris:                                                                               
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to child protection, including forensic                                
interviews and transportation of children.                                                          
                                                                                                    
Under current AS 47.17.064, the Department of Health and Social                                     
Services (department) may take photographs of areas of trauma visible                               
on a child, and have x-rays and medical examinations done, without                                  
first notifying the child's parents, if the department has reasonable                               
cause to suspect that the child has suffered physical harm as a result of                           
child abuse or neglect.  This bill would amend AS 47.17.064 to permit                               
the department, or certain persons authorized by the department, to                                 
conduct, without first notifying the child's parents, a forensic interview                          
of a child suspected of suffering sexual abuse or physical harm as a                                
result of child abuse or neglect.                                                                   
                                                                                                    
Implicit in the existing statute is the recognition that the department                             
has the authority to transport a child in order to take the photographs                             
or to have the medical examination or x-rays done.  This bill would                                 
amend AS 47.17.064 to make it explicit that the department has that                                 
authority, as well as the authority to transport a child for purposes of                            
conducting a forensic interview authorized by the bill.  The clear                                  
authority to transport the child for these procedures is key to ensuring                            
that they can be conducted in an appropriate environment that is not                                
threatening to the child.                                                                           
                                                                                                    
The bill also would give the state and the department, its officers, its                            
employees, and its agents certain immunity for certain actions taken                                
related to the transportation of a child under AS 47.17.064.                                        
                                                                                                    

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I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"