Legislature(2001 - 2002)
02/21/2002 03:04 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 252-STANDARD OF CARE FOR CINA SERVICES TAPE 02-16, SIDE A Number 0001 [Technical difficulties precluded taping the first moments of the reconvened hearing.] CHAIR DYSON announced the next order of business, 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." Attention was drawn to the unresolved issue of whether language in HB 252 creates a liability for the state. [Taping begins at this point.] REPRESENTATIVE COGHILL suggested the House Judiciary Standing Committee (HJUD) should review the bill for this reason. SUSAN COX, Chief Assistant Attorney General, Civil Division (Juneau), Department of Law, said it would be fine with her. Number 0042 REPRESENTATIVE COGHILL moved to adopt the proposed committee substitute (CS) for HB 252, 22-LS0454\O, Lauterbach, 2/20/02. There being no objection, Version O was adopted. REPRESENTATIVE COGHILL moved to adopt Amendment 1, which read [original punctuation provided]: Page 6, Line 10: Delete line 10 and insert: *Sec. 9. AS 47.10.960 is amended to read: Sec. 47.10.960. Civil liability [DUTY AND STANDARD OF CARE] not created. Failure to comply with a provision of this title or a regulation adopted under this title is not a basis for civil liability, but may be the basis for employee discipline or administrative action authorized by law [NOTHING IN THIS TITLE CREATES A DUTY OR STANDARD OF CARE FOR SERVICES TO CHILDREN AND THEIR FAMILIES BEING SERVED UNDER AS 47.10]. REPRESENTATIVE COGHILL explained that this language was suggested by the Department of Law. The department had suggested two versions, and he'd selected the one he preferred. He indicated a HJUD hearing would be requested. There being no objection, Amendment 1 was adopted. Number 0105 REPRESENTATIVE CISSNA moved to adopt Amendment 2, which read: Page 2, lines 8-9: Delete "available for the purpose" Insert "identified by the department for the specific purpose of intensive family preservation services" Page 3, lines 26-27: Delete "the purpose, provide intensive family preservation services on a statewide basis" Insert "intensive family preservation services, develop and implement intensive family preservation services systematically and over time, with the ultimate goal of providing intensive family preservation services on a statewide basis." Page 3, line 31: Following "awarded", insert "or renewed" Page 4, line 1-10: Delete subsections (b) and (c) Page 5, line 19: Delete "persistently" and "but provided" Page 5, lines 26-28: Delete wording under (v) and replace with "are provided on a time limited basis by a single caseworker whose caseload is congruent with the intensive family preservation services standards established by the Child Welfare League of America. Caseloads should be kept low to allow for the necessary intense level of interaction with the family. Services should be most intensive at the time of a crisis." CHAIR DYSON objected for purposes of discussion. REPRESENTATIVE CISSNA noted her appreciation for the committee's willingness to have this discussion. She explained that the model [called for in Version O] is entirely different from the one in place. The names sound the same - "family preservation" and "intensive family preservation" - but the models are distinctly different. Amendment 2 has six parts. She drew attention to the first part of Amendment 2, pertaining to page 2, lines 8-9, of Version O. She explained that its purpose is to ensure that people differentiate between intensive family preservation services and other types of family preservation services. She added, "It was told to me it was important to put this in." Number 0155 REPRESENTATIVE CISSNA explained that the second part of Amendment 2 pertains to page 3, line 26-27. The rationale is to allow the state to systematically put this program in place over time. The third part of Amendment 2 changes page 3, line 31, of Version O, "for obvious reasons." The fourth part of Amendment 2, addressing page 4, lines 1-10, streamlines language following a discussion with the [Department of Health and Social Services]. The fifth part of Amendment 2 pertains to page 5, line 19, and is included because "persistently" was legally troubling and "but provided" needed to be removed. Number 0393 NATE MOHATT, Staff to Representative Sharon Cissna, Alaska State Legislature, in response to some confusion, clarified that the fifth part of Amendment 2 deletes both "persistently" and "but provided". The amended language would read "offered at the family's option". Number 0465 REPRESENTATIVE CISSNA advised members that the sixth part of Amendment 2, which addresses page 5, lines 26-28, Version O, is included to bring in national standards. CHAIR DYSON removed his objection. There being no objection, Amendment 2 was adopted. Number 0564 CHAIR DYSON turned attention to a draft fiscal note prepared by Theresa Tanoury, Director, Division of Family and Youth Services, Department of Health and Social Services. The fiscal note included $80,000 for FY 03, and $50,000 for each FY 04 and FY 05. Number 0651 ELMER LINDSTROM, Deputy Commissioner, Department of Health and Social Services, indicated the department could revise the fiscal note by the morning of February 22. He stated that there would be some language changes on page 2, related to the appropriation language, to make the fiscal note consistent with [Amendment 2]. The amount of the fiscal note will remain unchanged, he offered. CHAIR DYSON asked about passing the bill out with a draft fiscal note pending the approved version. Number 0651 MR. LINDSTROM replied that Chair Dyson would be given the fiscal note by the morning of February 22. CHAIR DYSON stated that he did not want to hold the bill up for another week. MR. LINDSTROM suggested language, "[A] fiscal note in the amount of $80,000 to [be] prepared by the Department of Health and Social Services and delivered to the committee by 10:00 a.m. tomorrow." Number 0668 REPRESENTATIVE COGHILL moved to report CSHB 252 [version 22- LS0454\O, Lauterbach, 2/20/02, as amended] out of committee with individual recommendations and the accompanying, pending fiscal note. CHAIR DYSON added, "And the understanding that we are asking for a [House Judiciary Standing Committee] referral, correct?" REPRESENTATIVE COGHILL replied, "Correct." There being no objection, CSHB 252(HES) was reported out of the House Health, Education and Social Services Standing Committee.
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