02/14/2002 03:02 PM House HES

HB 252-STANDARD OF CARE FOR CINA SERVICES                                                                                     
                                                                                                                                
CHAIR DYSON  announced that the  next order of business  would be                                                               
HOUSE  BILL NO.  252, "An  Act  relating to  the construction  of                                                               
certain statutes relating  to children; relating to  the scope of                                                               
duty and  standard of  care for persons  who provide  services to                                                               
certain  children and  families; and  providing for  an effective                                                               
date."   [Version J, 22-LS0454\J,  Lauterbach, 2/11/02,  had been                                                               
adopted as a work draft and amended on February 12, 2002.]                                                                      
                                                                                                                                
Number 1659                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL, sponsor of  HB 252, referred to Amendment                                                               
1, 22-LS0454\J.1, Lauterbach, 2/14/02, which reads:                                                                             
                                                                                                                                
     Page 1, line 5 - 13:                                                                                                       
          Delete all material and insert:                                                                                       
        "* Section  1.  The  uncodified law of the  State of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE INTENT.  By the amendment of AS                                                                           
     47.10.005  in  sec.  2 of  this  Act,  the  legislature                                                                    
     intends  to   express  its  recognition   that  parents                                                                    
     possess  inherent,  individual  rights  to  direct  and                                                                    
     control   the  education   and   upbringing  of   their                                                                    
     children.                                                                                                                  
        * Sec. 2.  AS 47.10.005 is amended to read:                                                                           
          Sec. 47.10.005.  Construction.  The provisions of                                                                   
     this chapter  shall be liberally  construed to  the end                                                                    
     that  a child  coming  within the  jurisdiction of  the                                                                    
     court  under   this  chapter  may  receive   the  care,                                                                    
     guidance, treatment, and control  that will promote the                                                                    
     child's welfare  and the  participation of  the child's                                                                
     parents in the child's upbringing."                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 1:                                                                                                            
          Delete "Section 1 of this Act takes"                                                                                  
          Insert "Sections 1 and 2 of this Act take"                                                                            
                                                                                                                                
REPRESENTATIVE COGHILL  said Amendment  1 takes the  language out                                                               
of the construction  section and puts it into  an intent section.                                                               
It  leaves  the  participation  of the  child's  parents  in  the                                                               
construction section.                                                                                                           
                                                                                                                                
Number 1645                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL moved  to adopt Amendment 1.   There being                                                               
no objection, Amendment 1 was adopted.                                                                                          
                                                                                                                                
Number 1629                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA  referred to  Amendment 2,  "Amendments for                                                               
HB 252," which reads [original punctuation provided]:                                                                           
                                                                                                                              
     1.    Sec.  3:  AS  47.10.086  (a)  (3)  following  "or                                                                    
     available"   insert   "and  enumerating   the   reasons                                                                    
     specific  to the  case for  providing Intensive  Family                                                                    
     Preservation Services"                                                                                                     
                                                                                                                                
                                                                                                                                
     2.    Sec.  6:  AS 47.10.520  (2)  (c)  change  "family                                                                    
     conflict" to "any mitigating factor  that could lead to                                                                    
     out-of-home  placement not  already  covered under  (A)                                                                    
     and (B)"                                                                                                                   
                                                                                                                                
                                                                                                                                
     3.  Sec. 6: AS 47.10.520 (b) (5) delete "unduly"                                                                           
                                                                                                                                
                                                                                                                                
     4.     Sec.   7:  AS   47.10.990  (28)   (A)  following                                                                    
     "competence"  delete "and  by  solving"  and insert  ",                                                                    
     solve  day  to  day";   following  "stress"  insert  ",                                                                    
     identify the factors which created  the risk of out-of-                                                                    
     home placement and assist in  the development of a case                                                                    
     plan"                                                                                                                      
                                                                                                                                
["Sec. 3" should  read  "Sec. 2";  it refers to Section  2 of the                                                               
amended CS, Version J.]                                                                                                         
                                                                                                                                
REPRESENTATIVE  CISSNA   offered  that  the  rationale   for  the                                                               
proposed  change  in  Section  [2]  is  to  "conform  with  other                                                               
divisions' concerns."  She said,  "Everything we're doing here is                                                               
trying  to 'marry'  everybody in  this building  and every  other                                                               
building in town, so that everyone's happy."                                                                                    
                                                                                                                                
Number 1546                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA referred to  the proposed Section 6 changes                                                               
in  Amendment  2.   The  first  change  is  proposed due  to  the                                                               
ambiguity of  "family conflict"; she  said, "This really  says it                                                               
the way  it needs to  be said."  She  stated that the  reason for                                                               
the  second  change  to  Section  6  is  because  "threatened  is                                                               
threatened."                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA  explained  that  Section  7  changes  are                                                               
intended to  more clearly define  "solving".  "We're  solving the                                                               
small ...  problems, and ... helping  to work out a  plan for the                                                               
future  for this  family, because  they will  be working  out ...                                                               
their case plan for some time," she concluded.                                                                                  
                                                                                                                                
Number 1398                                                                                                                     
                                                                                                                                
CHAIR DYSON asked Representative Cissna  if she had discussed the                                                               
aforementioned changes  with the Department of  Health and Social                                                               
Services.                                                                                                                       
                                                                                                                                
REPRESENTATIVE CISSNA replied that she had.                                                                                     
                                                                                                                                
CHAIR  DYSON noted  that Theresa  Tenoury, Director,  Division of                                                               
Family  and  Youth  Services, Department  of  Health  and  Social                                                               
Services, indicated that she had  no objections to Representative                                                               
Cissna's amendments.                                                                                                            
                                                                                                                                
Number 1387                                                                                                                     
                                                                                                                                
CHAIR DYSON asked if there  were any objections to [Amendment 2].                                                               
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
CHAIR DYSON  announced that  HB 252  would be  held by  the House                                                               
Health, Education and Social Services Standing Committee.