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
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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 5 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. 6 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 7 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. 8 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 9 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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