Legislature(2001 - 2002)
03/29/2001 03:05 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 164-GRANDPARENTS' RIGHTS REGARDING CINA CHAIR DYSON announced that the final order of business would be HOUSE BILL NO. 164, "An Act prescribing the rights of grandparents related to child-in-need-of-aid hearings; and amending Rules 3, 7, 10, 15, and 19, Alaska Child in Need of Aid Rules." CHAIR DYSON, speaking as the sponsor of HB 164, explained that about three years ago he worked on adding foster parents to the list of people who had the right to be heard in CINA (child-in- need-of-aid) case hearings, which is what HB 164 is trying to do. He noted that [grandparents] are not parties in a legal sense. Number 0645 WES KELLER, Staff to Representative Fred Dyson, Alaska State Legislature, gave the sectional analysis of the bill: Section 1 inserts "grandparents" into the list of those who must receive a notice of court proceeding that could result in the termination of the rights and responsibilities for CINA kids - to determine whether or not they're CINA kids. ... Section 2 specifies that the department will give notice to the grandparent if the grandparent has contacted the department and has provided evidence of being a grandparent and a current address, or if the department is aware that there is a grandparent. It leaves it so the department does not have to seek out every grandparent that might exist. ... Section 3 requires the grandparent notification when there is an informal court hearing related to custody and gives them the right to be heard in that context with the parent that tried, the foster parents and everybody else. Section 4, then, requires grandparent notification for permanency hearings. ... And Section 5 amends the Court Rules 3, 7, 10, 15, and 19. MR. KELLER explained that [Court] Rule 17 was missed; therefore, there is a proposed amendment that addresses this. The first part of the amendment includes the actual rule in the bill, and the second part makes grandparents aware of the predisposition report. Number 0835 BETTY SHORT, President, Grandparents Rights Organization, testified via teleconference. She stated: We are very pleased with the HB 164, which we feel is in the best interest of the child. The best interest of the child is our main concern. Most grandparents are a stable unit for these children, and when they are torn from their immediately family by strangers, it's very devastating to them, and a familiar face of a grandparent would be very welcome. Being put with strangers, we feel, is mentally and emotionally upsetting. Plus, it costs money for foster care, whereas a lot of times the grandparents could take them in without pay or at least till the situation got a little more resolved. And it should take only 48 hours, according to DFYS [Division of Family and Youth Services], to investigate a grandparent or grandparents, but that investigation doesn't always protect the children. ... Division of Family and Youth Services, actually, on their own could recognize and work with the grandparents. It would sure make their job, we think, a lot easier. But instead they have chosen to tell us that we have no rights and that we are nothing more than strangers and that we are not a party to the case. ... According to Alaska Statute [AS] 25.05 they recognize the grandparents' rights. AS 47.14.100(e) (1) provides that the state department cannot place a child in foster care if a blood relative [requests] placement. And AS 47.10.080(p) provides the department may deny visitation to parents or guardians or family members only if there is clear and convincing evidence that it is not in the best interest of the child. LINDA SLONE, Grandparents Rights Organization, testified via teleconference. She stated: I am the parent of four children, adoptive parent of three of those children, and a grandparent. As a grandparent I ask you to please pass HB 164. It is vitally important to the safety and well-being of our grandchildren. Our grandchildren are extensions of ourselves - put simply, one more for us to love. Grandparents are an integral part of the family and they need to be involved in that process. When grandparents are willing and able to step up to be caretakers for their offspring, the state and the court system should be required to allow that to happen. The best hope for providing for the children is the family or extended family rather than the system. In order to have the best interest of the child in mind, you first need to know what the best interests are, and you could always get that from the grandparents. Number 1120 JOANNE GIBBENS, Program Administrator, Division of Family & Youth Services (DFYS), Department of Health & Social Services, came forth in support of HB 164 as it currently stands. She said [DFYS] would have some concern about the amendment in regard to the predisposition report, not in regard to notification of the hearing. The predisposition generally goes to the parties only, and this piece of legislation does not make grandparents parties in terms of [Court] Rule 2, which legally defines who the parties of the case are. She explained that the predisposition report often contains confidential information regarding the parents, such as extensive mental health histories. CHAIR DYSON stated that he is not going to pass [the bill] out today and will allow [DFYS] to work that issue out. ME. GIBBENS added that [DFYS] had some initial concerns about grandparents who potentially had a [mental health] history, but she said she thinks that is already covered in the requirement regarding the hearing's being in the best interest of the child. [HB 164 was held over.]
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