Legislature(2003 - 2004)
03/30/2004 03:06 PM House HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 288-TEMPORARY CHILD CUSTODY HRNGS/PLACEMENT Number 0440 CHAIR WILSON announced that the next order of business would be SENATE BILL NO. 288, "An Act relating to certain determinations concerning placement of a child in emergency custody and temporary placement hearings in child-in-need-of-aid proceedings; and providing for an effective date." Number 0457 SENATOR LYDA GREEN, Alaska State Legislature, sponsor of SB 288, testified on the SB 288 and answered questions from the committee. She explained that SB 288 defines language that a judge must use at a hearing when a child is being assessed or is being determined as a child-in-need-of-aid. This bill says that the judge must use the phrase "contrary to the welfare of the child", she stated. Senator Green emphasized that this bill has nothing to do with the process used in making that determination. This bill only refers to the language the judge must use at the time the decision is made, she reiterated. Senator Green pointed out that this has grave consequences for the lifetime of the child in custody because without this language federal funding will be denied until the child "ages- out" of the system. It could be a loss of hundreds of thousands of dollars over a child's lifetime. She stated that this language must be in statute in order to properly capture those funds. CHAIR WILSON asked if this is a new requirement. SENATOR GREEN responded that she does not know if this requirement is new. Number 0588 JACQUELINE TUPOU, Staff to Senator Lyda Green, Alaska State Legislature, testified on SB 288 and answered questions from the committee. She explained that all the state laws are in place that dictate this process, this bill only conforms the language that the judge must use to be in compliance with federal requirements. Ms. Tupou told the members that this language will ensure that the state will receive an estimated $500,000 in federal [Title IV-E] funds in FY05 with the passage of this legislation. Number 0637 REPRESENTATIVE WOLF referred to the last sentence in the sponsor statement which reads as follows: The Office of Children's Services estimates that passage of this legislation will result in an increase in federal Title IV-E receipts of $500,000 in fiscal year 2005. REPRESENTATATIVE WOLF commented that as a parent he finds this sentence troubling. While he has no problem with the bill, he stated he is really concerned when getting more money is linked to kids [being removed from their homes]. SENATOR GREEN reiterated that nothing about this bill changes the way the department or agency goes about making a determination for children. REPRESENTATIVE WOLF replied that he understands that. It is the linking of receipts of money to the welfare of children that is bothersome, he reiterated. Number 0730 REPRESENTATIVE CISSNA agreed with Representative Wolf on that point. She added that the state does not do everything it can to provide services to families. Many times services which would be helpful [in keeping families together] do not get to the families who have slipped through the cracks of the system. If the resources could be made available just before the judge is ready to make a decision, that is the teachable moment for the parents to change their lives, Representative Cissna said. Budget cuts that effect kids are scary. Number 0814 REPRESENTATIVE WOLF moved to report SB 288(JUD), Version V, out of committee with individual recommendations and the accompanying fiscal notes. Number 0847 REPRESENTATIVE CISSNA objected. She said she would feel more comfortable with this bill if the department would make more of a commitment to keep kids in their homes and/or return them to their homes. Number 0907 JOANNE GIBBENS, Program Administrator, Office of Children's Services, Department of Health and Social Services, testified on SB 288 and answered questions from the members. REPRESENTATIVE CISSNA noted that there is a shift from using state general fund dollars to obtaining as much in federal funds as possible. In making this change there is a certain amount of risk because the federal government disallows a lot of the billings sent to them through Medicaid. She said she has been working for six years to get intensive family services in place at that moment when the judge is about to determine that the home is not safe. It is that moment many families can be helped, but the state is not offering these services, she added. The foster care system funding has been whittled away, so there is little training there too, and that is where the children will go. MS. GIBBENS replied [what happens next] depends on the judge's determination. REPRESENTATIVE CISSNA said the money is an incentive to remove the child, but the system is overwhelmed. The state is not helping families keep their kids, or there would not be so many kids in the system, she added. Money isn't going into the foster care system either. Representative Cissna told the members that she wants commitments from the department. CHAIR WILSON commented that there are many changes taking place in the system now. Next year may be a better time to make demands because many of those changes will be in place. She agreed with Representative Cissna on the funding issue and offered to speak with members of the House Finance Committee on that point. Number 1136 REPRESENTATIVE SEATON asked for clarification on Representative Cissna's question. He questioned whether she believes passing this bill at this time, which would provide access to federal funds, would then influence judges to pull more kids from their families. REPRESENTATIVE CISSNA replied that the incentive would not be for the judge to make that determination; it would be an incentive to the state and incentives matter. It is an additional $500,000 that the state would receive. Representative Cissna told the members that it has been known for six years that intensive family services work. CHAIR WILSON urged Representative Cissna to sponsor a bill to implement intensive family services. She asked Ms. Gibbens to respond to Representative Cissna's comments. MS. GIBBENS responded that this bill requires that the judge make a certain ruling at the first hearing that concerns the placement of the child. She explained that part of the reason this language is a requirement for Title IV-E funding is because the federal government wants to ensure that the parent's rights and the child's rights are protected. If the judge does not make that ruling, then the child would be returned to his/her home, she said. The federal government is very clear that the judge has made that ruling before providing funds. MS. GIBBENS pointed out that the Office of Children's Services is undergoing a tremendous amount of change at the present time. Keeping children in their own home and preventing removal is one of the major areas of the program improvement plan, she said. That is one of the reasons why the department has implemented the new Family-to-Family Project. The number one priority is to keep kids safe, and families together if at all possible, she summarized. Ms. Gibbens told the members that she is very comfortable making that commitment on behalf of the Office of Children's Services. CHAIR WILSON commented that next year she hope the House Health, Education and Social Services Standing Committee would be briefed on the progress the Office of Children's Services has made in achieving these goals. She added that she hopes that next year there will be additional funding to address [some of the concerns Representative Cissna mentioned]. Number 1360 A roll call vote was taken. Representatives Wilson, Wolf, Coghill, Seaton, and Gatto voted in favor of SB 288. Representatives Cissna voted against it. Therefore, CSSB 288(JUD), version V, was reported out of the House Health, Education and Social Services Standing Committee by a vote of 5- 1.
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