Legislature(1999 - 2000)
02/29/2000 03:46 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 392 - CONTINUANCES OF CINA HEARINGS CHAIRMAN DYSON announced the next order of business as House Bill No. 392, "An Act relating to continuances for temporary placement hearings that follow emergency custody of a minor; and amending Rule 10, Alaska Child in Need of Aid Rules." Number 1937 REPRESENTATIVE JIM WHITAKER, Alaska State Legislature, sponsor, came forward to present HB 392. He explained that this change in the law is simple and yet meaningful. The genesis for this legislation is concern, distress and probable near-panic in which parents or guardians may find themselves. This minor law accomplishes one thing: it requires that the judge presiding at the CINA [Child in Need of Aid] hearing inform each parent or each guardian that he/she has a right to request up to a seven- day continuance - that he/she has a right to have time to think and to defend himself/herself. REPRESENTATIVE WHITAKER said hopefully, given time, the parent will become introspective and contemplate what positive action he/she can take to reunite the family, rather than having time to only react angrily and negatively, which pits him/her against the system, a reaction which only keeps the family apart. The bill requires the judge to tell the parents/guardians that they have a right to take enough time to think and "get their act together." CHAIRMAN DYSON said he understands that judges can do this now and perhaps should, and this only makes it clear in the law that the judges are required to do it. REPRESENTATIVE WHITAKER answered that is correct. REPRESENTATIVE GREEN made a motion to adopt the proposed committee substitute (CS) for HB 392, version 1-LS1224\D, Lauterbach, 2/29/00, as a work draft. There being no objection, Version D was before the committee. CHAIRMAN DYSON invited the sponsor's staff to explain the changes. LORI BACKES, Staff for Representative Jim Whitaker, came forward to explain the changes in the proposed CS. She explained that all the changes came about as a result of comments received from Blair McCune and Elmer Lindstrom. In the original bill, the hearing was referred to as a temporary placement hearing. That has been changed to refer to those hearings as temporary custody hearings. The reference to "up to seven days" has been taken out so there is not a limit, and it would be up to the presiding judge's discretion whether it would be necessary to have a two- day limit or an 11-day limit, so it would not be unnecessarily restricted. On page 2, line 1 of the original bill, the following was deleted: "the court may not grant more than one continuance before a temporary placement hearing is held." Number 1728 REPRESENTATIVE BRICE expressed concern that by removing that cap of up to 7 days, it is possible that the judge could grant a continuance up to 60 days and stop the clock on the 90-day hearings for complete custody or for the process. MS. BACKES indicated it is the intention that these proceedings don't take longer than is absolutely necessary. She hasn't received any response that it may be extended extraordinarily to the degree suggested. Number 1635 GLADYS LANGDON, Children Services Manager, Southcentral Region, Family Services, Division of Family & Youth Services (DFYS), Department of Health & Social Services (DHSS), came forward to testify. She acknowledged support of the amended changes from the committee. In addition to that, the department is asking that there be one additional change to be consistent with recent legislative and court rules, to make a distinction between children in need of aid and delinquent minors. The department recommends changing the word "minor" everywhere it appears in the bill, including the title, to "child". CHAIRMAN DYSON asked if the title can be changed. ELMER LINDSTROM, Special Assistant, Office of the Commissioner, Department of Health & Social Services, came forward to answer. He stated that the title can be changed. He explained that a few years ago, the juvenile and child-in-need-of-aid statutes were one body of statutes. Subsequently, AS 47.10 became the CINA statute and AS 47.12 became the juvenile statute, but there is still some residual misuse of names. The department wants to refer to "child" in AS 47.10 and to "minor" in AS 47.12. CHAIRMAN DYSON asked if there was any objection to adopting a conceptual amendment that would delete "minor" and replace it with "child" wherever it appears in the CS. There was no objection; therefore, the amendment was adopted. Number 1432 MS. LANGDON stated that the department supports this bill. This is already occurring in regions across the state. DOUG WOOLIVER, Administrative Attorney, Administrative Staff, Office of the Administrative Director, Alaska Court System, responded to a question by Chairman Dyson, saying the court has no objection to the bill. CHAIRMAN DYSON stated that if this bill passes or not, the fact that parents have a right to ask for a continuance ought to be clearly stated in the brochure put out by DHSS. MS. OLMSTEAD noted this is a wonderful change. Number 1324 MARCI SCHMIDT testified via teleconference from the Matanuska- Susitna Legislative Information Office. She expressed her support for HB 392. Number 1316 CLYDE LORENZ testified via teleconference from Fairbanks. He expressed his satisfaction with HB 392. Number 1309 MR. CALDER said he didn't have any objections. He suggested dual or parallel sections to do the same for parents involved in juvenile cases. CHAIRMAN DYSON said Mr. Calder's point was well taken. Number 1252 SARAH SHORT testified via teleconference from Anchorage. She believes this is a good bill. She is concerned about protecting the rights of parents to be able to have visitation during the time the child is in limbo when the state has custody, but when there hasn't been a court hearing to say whether the child is really in need of aid. Number 1197 BLAIR MCCUNE, Deputy Director, Public Defender Agency, Department of Administration, testified via teleconference from Anchorage. He expressed support for HB 392. CHAIRMAN DYSON asked if language should be added to suggest that the judge make provision for the family to be able to visit the child, or to direct the department to make the provision during this continuance. Or is that a "given," and the department is already supposed to do that? MS. LANGDON answered that the department is already making those arrangements. CHAIRMAN DYSON noted that there is concern that it sometimes - or perhaps even often - doesn't happen. MS. LANGDON said it is already an expectation and part of the policy that the department provides visitation for families. To that extent, she doesn't see that there needs to be additional orders from the court. REPRESENTATIVE BRICE made a motion to move CSHB 392, version 1- LS1224\D, Lauterbach, 2/29/00, as amended, out of committee with individual recommendations and the zero fiscal note. There being no objection, CSHB 392(HES) moved from the House Health, Education and Social Services Committee.
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