Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/16/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB134 | |
| HJR21 | |
| HB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 134 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| + | HB 123 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | SB 81 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 44 | TELECONFERENCED | |
SB 134-TERMINATION OF PARENTAL RTS;GUARDIANS
1:37:40 PM
CHAIR COGHILL announced the consideration of SB 134. He noted
there was one person online to testify on the bill.
1:38:12 PM
SENATOR BERTA GARDNER, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 134, advised that the gentleman on the phone
brought the issue to her attention, but the bill is not an
attempt to intervene in his ongoing case about a custody issue.
That contact did highlight the issue about parental rights when
a child is the result of rape or sexual assault. Existing
statutes do cover this. Parental rights may be terminated in
three ways: 1) a child in need of aid (CINA) case where the
child has been abused, neglected, or abandoned; 2) a child can
be freed for adoption under certain circumstances; and 3) when
the child is conceived in rape. The problem is that despite the
statutory language, some people dispute that parental rights can
be terminated based on the child's conception. The bill seeks to
clarify the existing policy that termination of parental rights
should be with court approval and in the best interests of the
child. Not many Alaskans are affected by this, but it is a huge
issue for the people that are.
She said we believe it is important for a women who is pregnant
by rape to be confident that she can avoid being locked into a
long-term relationship with the person who raped her if she
chooses to keep the child. She noted that the statutes are
gender neutral.
1:41:21 PM
NATHANIEL GRABMAN, Staff, Senator Berta Gardner, Alaska State
Legislature, Juneau, Alaska, stated that in 1987 AS
25.23.180(c)(3) was enacted. The legislative intent was to
create a mechanism for a woman to terminate the parental rights
of a father. In 2015, Congress passed the Rape Survivor Child
Custody Act that allocated money for states that passed laws
that allowed for the termination of parental rights in cases
where the child was conceived in rape. Alaska has received that
money each of the last two fiscal years and recently applied for
the upcoming year. The reason for the bill is that AS 25.23 is
specific to adoption and some family law attorneys and judges
may be unaware of the provision to terminate parental rights in
the circumstance of rape. In at least one case a judge
interpreted the statute as not relevant to a case which did not
involve adoption or Child in Need of Aid proceedings. The bill
seeks to clarify the existing language and raise awareness of
its existence.
CHAIR COGHILL asked Mr. Grabman to go through the sectional
focusing on the key element and conforming parts.
1:43:43 PM
MR. GRABMAN said most of the sections in the bill reference
Section 11 so he would start there.
Section 11. Restructures AS 25.23.180(c) to clarify
that termination for parental rights may be ordered in
an independent proceeding on the grounds that a parent
committed an act constituting sexual assault, sexual
abuse of a minor, or incest that resulted in the
conception of a child.
Sections 1 and 2. are conforming language.
Section 3. Authorizes the court to appoint a guardian
ad litem for cases involving petitions for the
termination of parental rights of a parent who has
committed an act constituting sexual assault, sexual
abuse of a minor, or incest that resulted in the
conception of a child under section 11 of this bill.
Sections 4 through 10. are conforming language.
Sections 12 through 15. are conforming language.
Section 16. Adds a new subsection to AS 25.23.180 to
clarify that a petition for termination of parental
rights for the grounds specified in section 11 of the
bill may be filed to initiate an independent
proceeding not connected to a petition for adoption or
a proceeding under AS 47.10.
Section 17. is conforming language.
Section 18. Describes how AS 25.23.180, as amended by
this bill, has the effect of changing court rules.
He noted that the Tracy Spartz Campbell, the deputy director of
the Office of Children's Services, and Nancy Meade, the general
counsel of the Court System, were available to answer questions.
1:45:44 PM
CHAIR COGHILL asked Ms. Meade to talk about the effect of the
court rule modification and how the new petition will work.
1:46:23 PM
NANCY MEADE, General Counsel, Administrative Office, Alaska
Court System, Anchorage, Alaska, explained that because the
court has rules on a similar subject in the adoption area, the
court will look at whether this statutory change would cause the
court to change the wording in the court rule. Generally, the
court puts a notation on the rule so people know they can take
advantage of this statutory process. Thus, a direct court rule
change may not be necessary.
CHAIR COGHILL asked if the petition for termination of parental
rights referenced in Section 16 is in existing statute that the
bill makes it more explicit.
MS. MEADE said yes. If the bill passes, the court will look at
whether the existing petition to terminate parental rights needs
modification to accommodate termination in the circumstance of
rape.
1:48:46 PM
CHAIR COGHILL asked Tracy Spartz Campbell if the proceeding in
AS 47.10 referenced in Section 11 is a common civil proceeding
for terminating parental rights.
TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
Juneau, Alaska said that's correct.
CHAIR COGHILL asked if it asks for any new information.
MS. SPARTZ CAMPBELL replied we don't see that the bill will
change the way OCS currently does business.
1:49:41 PM
CHAIR COGHILL opened public testimony on SB 134.
1:50:04 PM
MILES CURTIS, representing self, Petersburg, Alaska, stated
support for SB 134. He said he is the grandfather of a child
conceived in rape and his family has been involved in a five-
year custody battle. His daughter was young when she was raped
and he raised the child for the first six years. At age six the
child was placed with the offender in Petersburg. He said the
custody battle will probably go on until the child reaches age
18. The court did not recognize the existing law. Senator
Gardner's bill will clarify the law but it is not the higher
standard that other states are implementing. He suggested
amending the language to require the unfit parent to prove they
are fit. He said the biggest issue in his case is that the
abuser has court support and can continue to be abusive to the
victim. He would like a statutory amendment to change the
court's direction. For example, Washington State passed a law
making it easier for the victim to petition the court for
termination outside the custody case. He continued to relate the
particulars in his case.
CHAIR COGHILL asked the sponsor if she had any final comments.
1:56:36 PM
SENATOR GARDNER said Mr. Curtis has a heartbreaking tale and was
instrumental in bringing the issue to her attention, but the
bill is not trying to influence his case. She agreed that a
person who has a child as a result of rape should have control
over any contact afterwards. It is also appropriate that a judge
should make the determination assisted by a guardian ad litem
who makes recommendations about what is in the child's best
interest.
1:58:10 PM
CHAIR COGHILL said he was willing to move the bill.
1:58:54 PM
SENATOR WIELECHOWSKI moved to report SB 134, version A, from
committee with individual recommendations and zero fiscal
note(s).
CHAIR COGHILL announced that without objection, SB 134 moved
from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 44 - Explanation of Changes (ver. R to ver. N).pdf |
SJUD 4/16/2018 1:30:00 PM |
HB 44 |
| CS to HJR 21 - Version J.pdf |
SJUD 4/16/2018 1:30:00 PM |
HJR 21 |
| SB 134 - Sponsor Statement.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Sectional Analysis (ver. A).pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Economist - A Question of Proof.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - CNN Article.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Examples Where AS is Misinterpreted.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Leg. Research Report.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Supporting Document - Juneau Empire Article.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |
| SB 134 - Letter of Support - Miles Curtis.pdf |
SJUD 4/16/2018 1:30:00 PM |
SB 134 |