Legislature(1993 - 1994)
02/24/1994 01:40 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 45
"An Act relating to persons under 21 years of age;
providing for designation of `safe homes' for runaway
minors; and providing for an effective date."
SENATE RANDY PHILLIPS emphasized that the intent of HCS CSSB
45 (JUD) is to balance the rights of parents and children.
PAT O'BRIEN, SOCIAL SERVICES PROGRAM OFFICER, DIVISION OF
FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES explained that the state of Alaska currently
assists youths that have abuse and neglect issues. She
observed that the state has a substantial runaway problem.
She explained that HCS CSSB 45 (JUD) would create shelters
to serve as short term safe places for runaways until other
plans can be made for their care. She noted that
communities across the state have an informal network to
deal with runaways. Shelters would be created through
private agencies. She noted that there are approximately a
dozen licensed child placement agencies. She anticipated
that many of the private agencies would not be interested in
participating in the program. She stressed that staff from
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the Division of Family and Youth Services (DFYS) would need
to work with communities to begin the program. She added
that there may be some evaluation of homes by the Division.
Ms. O'Brien referred to the fiscal notes by DFYS. She
explained that $20.0 would be used to create a task force to
write regulations. Three community care licensing
speciallist positions would be funded. The first year a
position would be added in South Central Alaska. The second
year a position would be added in Northern Alaska. The
third year a position would be added in Southeast Alaska.
Representative Brown noted that there are five fiscal notes
from DFYS. Ms. O'Brien explained that a fiscal note was
submitted for each region. In addition, a fiscal note was
submitted for the task force and one was submitted for the
Delinquency Prevention Component.
In response to a question by Representative Brown, Ms.
O'Brien clarified that the state does not provide funding
for the current system. She observed that runaway programs
are operated by nonprofit organizations. She emphasized
that the legislation would effect smaller communities that
do not have nonprofit entities that can compete for existing
federal funding. The legislation would provide for smaller
scale safe homes.
Representative Brown referred to licensing requirements.
Ms. O'Brien observed that regulations governing licensing
will be drafted. She stressed the need for a task force to
help draft the regulations.
(Tape Change, HFC 94-41, Side 1)
JERRY BURNETT, STAFF, SENATOR PHILLIPS explained, in
response to a question by Representative Martin, that
references to individuals between the ages of 18 and 21 were
deleted from the legislation.
Ms. O'Brien clarified that the composition of the task force
has not been decided. She explained that fiscal notes
reflect COLA variations between regions.
Ms. O'Brien noted that police could take juveniles to safe
homes. Senator Phillips observed that page 6, line 19
addresses the issue of police discretion.
In response to a question by Representative Brown, Ms.
O'Brien clarified that the legislation provides the police
officer with two options. He can take the child home or to
the Department of Health and Social Services.
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Representative Brown stressed that it is not the intent of
the legislation to presume that the child be returned home.
Senator Phillips agreed that the child can be returned home
or if physical or sexual abuse is suspected the child can be
taken to the Department of Health and Social Services for
further placement.
Representative Brown noted the current language that allows
minors to determine if they will be returned to their
parents was deleted in the House Judiciary version. Ms.
O'Brien pointed out that the House Judiciary Committee added
language on page 6, lines 23 - 26 to assure that the officer
would not return juveniles to their home if "the officer has
reasonable cause to suspect that the minor has experienced
physical or sexual abuse".
Representative Martin questioned whether 12 hours was
sufficient time to allow the Department of Health and Social
Services to notify parents of the custody of their child.
Ms. O'Brien observed that 12 hours is a standard time frame
employed for purposes of litigation.
Representative Therriault referred to sections 12 and 16.
He clarified that these sections were included at the
request of the Juvenile Justice Committee. He stressed that
minors that choose not to return to their home are not
placed in state custody. He observed that minors brought to
shelters in Fairbanks check themselves in and then
immediately return to the street.
Representative Parnell referred to provisions for
emancipation. He observed that parents are allowed to
petition for emancipation from their child. Senator
Phillips gave the example of a child who stole their
parent's car and charge card. The child was responsible for
excessive damages and bills. The parent lost custody of the
child but was still responsible for the bills. He asserted
that parent's rights are being eroded as children's rights
are being enhanced.
Representative Parnell questioned if under those
circumstances it would be in the best interest of the minor
to be emancipated from the parent.
Representative Brown expressed concern that the Sponsor
Statement contradicts testimony regarding the intent of the
legislation to allow police officers to take minors to the
Department of Health and Social Services. She noted that
the Sponsor Statement states that "HCS CSSB 45 (JUD) would
require the peace officer to return a minor to his/her
parents or legal guardian, unless there is evidence that
the minor has been abused." She stressed that it would be
the officer's discretion to take the minor home or to the
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Department of Health and Social Services. She added that if
the officer had reasonable cause to suspected physical or
sexual abuse they could not exercise the option of taking
the minor home. Ms. O'Brien agreed that the House Judiciary
version agrees with Representative Brown's interpretation.
Senator Phillips agreed with Representative Brown's
assessment.
Representative Brown suggested that language in section 12
prohibiting incarceration of minors in adult prisons may be
in conflict with laws allowing juveniles to be waived into
the adult system and incarcerated as an adult.
DONNA SCHULTZ, ASSOCIATE COORDINATOR, DIVISION OF FAMILY AND
YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES
noted that abused and neglected minors were being held in
adult jails in lockups due to a lack of other community
facilities. The language in section 12 is a result of
federal mandates created to address this problem. According
to the Department's fiscal note, the Division receives a
minimum annual allocation of $325.0 thousand dollars in
federal funding through the U.S. Department of Justice,
Office of Juvenile Justice and Delinquency Prevention. This
funding will be discontinued if the state of Alaska does not
come into compliance with the Juvenile Justice and
Delinquency Prevention Act, prohibiting the incarceration of
juveniles in the safe facility as an adult. Passage of HCS
CSSB 45 (JUD) would bring the state into compliance. She
emphasized that minors waived into adult status are
considered an adult.
ELMER LINDSTROM, DEPARTMENT OF HEALTH AND SOCIAL SERVICES
reiterated that a juvenile waived into adult status is not a
juvenile in the mind of the federal government.
Representative Brown stressed the need to use consistent
terminology.
Representative Brown referred to section 10. She noted that
employment of minors would be restricted. A minor "may not
be employed or allowed to work after 10:00 p.m. on the night
before the minor's school is in session unless the minor has
graduated from secondary school or its equivalent; however,
a minor under 16 years of age may not be employed to work
after 9:00 p.m." Mr. Burnett pointed out that provisions
preventing 16 year olds to work past 9:00 p.m. are in
current statutes. Senator Phillips emphasized that section
10 was added as a response to requests by parents. Co-Chair
Larson questioned how section 10 would affect an emancipated
minor trying to support themself while attending school.
Representative Parnell noted that section 2, line 20 reflect
the purpose of the parents.
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Representative Brown observed that once a minor is
emancipated they are not eligible for services provided by
the Department of Health and Social Services, such as
emergency shelter. She suggested that involuntarily
emancipated minors continue to be eligible for services
provided by the Department. She provided members with
AMENDMENT 1 (copy on file). Amendment 1 would require that
"upon request of a minor whose disabilities of minority have
been removed for general purposes under AS 09,55.590, the
department shall offer available counseling services,
emergency shelter care, medical care, and other services
determined appropriate by the department considering the
minor's circumstances."
Ms. O'Brien pointed out that a parent may not seek to
emancipate a child unless the child is capable of self
support and independence. Ms. Schultz emphasized that
children are rarely emancipated. Ms. O'Brien stressed that
it would be inconsistent to allow emancipated minors to
obtain services after emancipation.
(Tape Change, HFC 94-41, Side 2)
Representative Brown emphasized that a minor who is capable
of self support could need temporary emergency services.
She suggested that the ability to grant temporary services
would allow a "safety net" in granting emancipation to the
parents. She stressed that a child could not stay in a
shelter if they were emancipated from their parents.
Senator Phillips reiterated that emancipations are difficult
to achieve. He asserted that the option of parental
emancipations will provide parents with a tool to control
their children.
Representative Hanley stressed that the court requires that
the minor can sustain self support, manage their financial
affairs and consent to emancipation. The court can waive
the juveniles consent if the court determines it is in the
best interest of the minor. Ms. O'Brien suggested that
regulations could allow emancipated minors to reside in
shelters as a boarder if space is available.
Senator Phillips maintained that emancipated minors are
responsible for their own actions.
Co-Chair MacLean suggested that minors be granted a three
month temporary access to services provided by the
Department of Health and Social Services.
Co-Chair Larson summarized the Committee's concerns in
regards to HCS CSSB 45 (JUD). He questioned the need for a
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task force. HCS CSSB 45 (JUD) was assigned to a
subcommittee consisting of Representative Therriault as
Chair and Representatives Parnell and Brown.
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