Legislature(1993 - 1994)

02/24/1994 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  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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