Legislature(2007 - 2008)HOUSE FINANCE 519
03/27/2008 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB367 | |
| HB419 | |
| HB400 | |
| HB50 | |
| HJR37 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 50 | TELECONFERENCED | |
| + | HB 314 | TELECONFERENCED | |
| + | HJR 37 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 419 | TELECONFERENCED | |
| += | HB 367 | TELECONFERENCED | |
| += | HB 400 | TELECONFERENCED | |
2:31:39 PM HOUSE BILL NO. 50 An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date. RYNNIEVA MOSS, STAFF, REPRESENTATIVE JOHN COGHILL, directed her comments to Representative Coghill's involvement with the legislation. She stated that HB 50 provides provisions for adoption of a new Interstate Child Placement Compact (ICPC). The current ICPC was drafted in 1959 to assure that children placed across state lines were placed with the same protections and services as children placed intrastate. Through the years, it has become evident that the ICPC has resulted in unnecessary delays in moving children across the state lines, lack of accountability and an outdated administrative process. The current ICPC applies to all interstate placements such as placement with relatives and residential treatment centers, not just placements involving children in state custody. Ms. Moss continued, the new compact would hold states to a higher standard of duty, eliminating regulation of children not in state custody, making provisions for private child placement agencies and bringing the administrative process into current times with home study incentives, definitions for new terminology requiring consideration of interstate placements, cooperation between member states in sharing information and providing foster parents more participation in the process. Ms. Moss stated that HB 50 provides state child placement agencies and courts, the tools to make faster interstate placements and holds all parties accountable for providing a safe, reliable home for children in out-of-state placement. 2:34:27 PM MARSHA PICKERING, DEPUTY COMPACT ADMINISTRATOR, SOCIAL SERVICES PROGRAM COORDINATOR, OFFICE OF CHILDREN'S SERVICES (OCS), DEPARTMENT OF HEALTH AND SOCIAL SERVICES, addressed the ICPC, which attempts to bring more uniformity to the process because under the current compact, the rules and regulations that have been developed were not drafted under the Administrative rule process. The Department wanted to determine accountability for the receiving state. The new compact offers the opportunity to come up with rules & regulations that all states follow and requirements will include enforcement. There would also be a required mediation structure, allowing for lawsuits in federal court. The reprecosity element will be a continuation of current practice with more uniform guidelines. Ms. Pickering noted that the compact has been endorsed by the National Council on State Human Services & the National Association of Public Child Welfare Administration & other agencies. Ms. Pickering commented that another opportunity under the ICPC will be uniform data collecting, sharing & guidelines involving tribal governments. Under the new commission, the State would have opportunities to actually work with the tribes to determine a mechanism for the placements. The legislation will provide for provisional approval. She commented on the length of time it takes for placements. The new compact provides the Division the opportunity to offer provisional approvals based on local background checks. Ms. Pickering added that the new compact deletes the requirement for parents to go through the compact to place their children in residential treatment centers. It no longer applies to foreign adoptions or families making decisions among themselves regarding the placement with someone that is not an actual relative but a part of the family. The compact will require a State advisory committee for oversight, which will be represented from each branch of government. 2:40:09 PM Representative Joule asked about the fiscal costs. Ms. Pickering anticipated two years for all states to enact the legislation; it will take approximately another year to determine the rules and regulations. At that time, the Department will be able to determine what is needed for compliance and the associated costs. Co-Chair Meyer asked if thirty-four other states would need to approve before going into effect. Ms. Pickering said yes. Representative Gara asked if the proposed compact had the same language as the one put before the other states. Ms. Pickering said it was the same with the addition of statues to support the provision to renumber. Ms. Moss interjected that the provision that was renumbered was an indirect court rule that applies only to the State of Alaska. 2:42:35 PM PUBLIC TESTIMONY CLOSED Ms. Moss noted that the sponsor decided to hold the first draft of the compact as he wanted to be guaranteed that it would not supersede State law and wanted to make sure that any threat to State sovereignty was eliminated. Through negotiations with the Division, language concerns were removed. 2:43:40 PM Representative Kelly asked if those comments had been directed to Page 2, the Department of Health and Social Services fiscal note reference to tribes. Ms. Moss said no; however, the old version stated that regulations adopted by the commission would supersede State law. She provided examples of language that had been removed. Representative Kelly asked assurance that was no longer a concern. Ms. Moss agreed. 2:44:54 PM Co-Chair Meyer referenced the Department of Health and Social Services fiscal note. MIKE LESMANN, COMMUNITY RELATIONS, OFFICE CHILDREN'S SERVICES (OCS), DEPARTMENT OF HEALTH AND SOCIAL SERVICES, explained the fiscal note, which does reflect that in the first two fiscal years, OCS would not be requesting additional resources; beginning in 2011, that would change depending on ratification of the thirty-four other states. Representative Kelly mentioned the size of the note and asked what would happen if it was not passed. Ms. Moss pointed out that the fiscal notes reflect the administration of the commission. She did not believe that they "fairly reflect" that and less expense would be incurred by OCS from the quickness of placement, putting children with family rather than into foster homes. She reiterated, the fiscal note does not adequately reflect the real fiscal impact. Representative Kelly asked if the sponsor believes the actual cost would be lower. Ms. Moss said yes. Representative Kelly advised that family should be taking care of these concerns and that they should not be paid. Ms. Moss responded that there are incidences where the State does pay family in situations which the children have either physical or mental problems that need medical attention and Medicaid assistance. 2:48:03 PM Representative Hawker MOVED to REPORT CS HB 50 (JUD) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 50 (JUD) was reported out of Committee with a "do pass" recommendation and with zero note #1 by the Department of Administration and fiscal note #2 by the Department of Health and Social Services.
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