Legislature(2005 - 2006)SENATE FINANCE 532
05/08/2005 01:00 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB26 | |
| HB94 | |
| HB53 | |
| HB279 | |
| HB130 | |
| HB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 26 | |||
| + | HB 94 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 53 | TELECONFERENCED | |
| += | HB 98 | TELECONFERENCED | |
| += | HB 279 | TELECONFERENCED | |
| += | HB 130 | TELECONFERENCED | |
SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(JUD)
"An Act relating to child-in-need-of-aid proceedings; amending
the construction of statutes pertaining to children in need of
aid; relating to guardianships; relating to the
confidentiality of investigations, court hearings, court
records, and public agency records and information in child-
in-need-of-aid matters and certain child protection matters,
to immunity regarding disclosure of information in child-in-
need-of-aid matters and certain child protection matters, to
proceedings regarding voluntary relinquishment and termination
of a parent and child relationship, to eligibility for
permanent fund dividends for certain children in the custody
of the state, and to juvenile delinquency proceedings and
placements; reestablishing and relating to a state citizens'
review panel; amending the obligation of a public agency to
disclose agency information pertaining to a child in need of
aid; relating to disclosure of confidential or privileged
information about children and families involved with
children's services within the Department of Health and Social
Services to officials for review or use in official
capacities; relating to reports of harm and to adoptions and
foster care; relating to consent for the medication of
children in state custody; prescribing the rights of family
members related to child-in- need-of-aid cases and
establishing a familial priority for adoption; modifying
adoption and placement procedures in certain child-in-need-of-
aid cases; relating to the admissibility into evidence of the
prior recorded statement of a crime victim less than 16 years
of age; amending Rules 9 and 13, Alaska Adoption Rules, Rules
3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of
Procedure, Rules 14 and 15, Alaska Rules of Probate Procedure,
and Rule 801, Alaska Rules of Evidence; and providing for an
effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Co-Chair Green reminded the Committee that as several issues were
raised during the first hearing on this bill, some amendments have
been developed through which to either address concerns or to
clarify certain points of the legislation.
Amendment #1: This amendment deletes Sec. 14(t) on page ten lines
20 through 23. The language being deleted reads as follows.
(t) The court may not terminate parental rights solely on the
basis that the parent did not complete treatment required of
the parent by the department for reunification with the child
if the treatment required was unavailable to the parent and
the department did not provide the treatment.
Co-Chair Wilken moved Amendment #1.
Co-Chair Green explained that this amendment would delete language
prohibiting the termination of parental rights due to their non-
completion of a specified treatment plan.
REVINA MOSS, Staff to Representative John Coghill, stated that,
while the Department of Health and Social Services would have
strived to insure that parents completed their treatment plan,
there was concern that the inclusion of this language would have
provided parents "a piece of ammunition" through which to delay the
process of getting treatment.
There being no objection, Amendment #1 was ADOPTED.
Amendment #2: This amendment deletes the phrase ", the legislature,
or the governor" following "the department" from Sec. 23(b)(12) on
page seventeen, lines six and seven. The revised language reads as
follows.
(12) a review panel established by the department for the
purpose of reviewing the actions taken by the department in a
specific case.
Co-Chair Wilken moved for the adoption of Amendment #2.
Co-Chair Green stated that this amendment would delete the words
"'department and legislature' in order to comply with federal
requirements that confidential information can only be reviewed by
the Department and the State Review Panel".
[NOTE: Co-Chair Green inadvertently stated "department and
legislature" rather than the correct reference to "the legislature
and the governor.]
Ms. Moss noted that the federal Child Abuse Prevention and
Treatment Act would require that the confidentially of records be
restricted to the department. Therefore, the inclusion of the
Legislature or the Governor in this regard would have "placed
federal dollars at risk".
Senator Hoffman asked for confirmation that the words "the
legislature or the governor" would be deleted by the amendment.
Co-Chair Green affirmed. The amendment language was correct; she
had misspoken. She also noted that in order to further clarify the
issue, the amendment is accompanied by a memorandum, dated April
11, 2005 from Jean Mischel, Legislative Counsel, Division of Legal
and Research Services, and addressed to Representative Coghill.
There being no objection, Amendment #2 was ADOPTED.
7:04:22 PM
Amendment #3: This amendment deletes the words "foster parent" and
inserts the words "out-of-home care provider" following the words
"Grandparent or" in Sec. 51(c) on page 26, line ten.
In addition, the amendment deletes the words "foster parent or
other" following "and the" in Sec.51(c) on page 26, line 11.
Co-Chair Wilken moved Amendment #3.
Co-Chair Green stated that replacing the words "foster parent" with
"out-of-home care provider" would make the language consistent with
the Statutory change specified in Sec. 10 page six, line 18 through
page seven line 24 regarding the sideboards for closing hearings to
the public.
Ms. Moss furthered that this amendment would be required to align
Sec. 10 language with revisions in the bill that expand rights
previously provided to foster parents to include other out of home
care providers such as adult family members and family friends.
Co-Chair Green qualified therefore that the proposed language would
more clearly define who would be involved.
Without objection, Amendment #3 was ADOPTED.
Amendment #4: This amendment deletes the words "in the proceeding"
following "further hearings" in Sec. 52(f)(5) page 27 line 28.
Co-Chair Wilken moved the amendment.
Co-Chair Green stated that the purpose of this conforming amendment
would be to clarify that any person banned from one CINA hearing
could be banned from all such hearings.
Ms. Moss affirmed that the amendment would make the language
consistent with language in Sec. 10.
There being no objection, Amendment #4 was ADOPTED.
7:05:55 PM
Amendment #5: This amendment deletes all language in Sec. 59 on
page 31 lines four through 24. The language being deleted reads as
follows.
Sec. 59. The uncodified law of the State of Alaska is amended
by adding a new section to read:
DIRECT COURT RULE AMENDMENT. Rule 801(d), Alaska Rules of
Evidence, is amended by adding a new paragraph to read:
(3) Recorded Statement by Child Victims of Crime.
The statement is a recorded statement by the victim of a crime
who is less than 16 years of age and
(A) the recording was made before the
proceeding;
(B) the victim is available for cross-
examination;
(C) the prosecutor and any attorney
representing the defendant were not present when the statement
was taken;
(D) the recording is on videotape or other
format that records both the visual and aural components of
the statement;
(E) each person who participated in the taking
of the statement is identified on the recording;
(F) the taking of the statement as a whole was
conducted in a manner that would avoid undue influence of the
victim;
(G) the defense has been provided a reasonable
opportunity to view the recording before the proceeding; and
(H) the court has had an opportunity to view
the recording and determine that it is sufficiently reliable
and trustworthy and that the interests of justice are best
served by admitting the recording into evidence.
Co-Chair Wilken moved Amendment #5.
Co-Chair Green stated that this amendment would remove language
adopted by the Senate Judiciary Committee, as "that language is
standard for a criminal trial not a civil trial". Removal of this
language would maintain the order of civil trail proceedings.
7:06:31 PM
Senator Hoffman asked the reasons for the action of the Senate
Judiciary Committee.
Ms. Moss responded that the intent of the Committee was to
incorporate language from another bill into this bill. However,
this bill relates to civil rather than criminal law.
Co-Chair Green stated that the [unspecified] bill from which the
language was fashioned related to criminal rather than civil
statutes.
Senator Hoffman acknowledged.
Without objection, Amendment #5 was ADOPTED.
Co-Chair Wilken moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objection, SCS CS SS HB 53(FIN) was REPORTED from
Committee with $82,700 fiscal note #12 dated April 27, 2005 from
the Public Defender Agency, Department of Administration; $161,300
fiscal note #13 dated April 27, 2005 from the Office of Public
Advocacy, Department of Administration; $94,900 fiscal note #14
dated April 27, 2005 from the Alaska Court System; $142,700 fiscal
note #15 dated April 26, 2005 from the Office of Children's
Services, Department of Health and Social Services; $106,200 fiscal
note #16 dated April 27, 2005 from the Front Line Social Workers
component, Office of Children's Services, Department of Health and
Social Services; and $586,400 fiscal note #17 dated April 27, 2005
from the Department of Law.
AT EASE 7:07:41 PM / 7:12:09 PM
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