Legislature(2007 - 2008)CAPITOL 106
02/20/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| Presentation: No Child Left Behind | |
| HB29 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 29 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 97 | ||
HB 29-SAFE HAVEN FOR INFANTS 4:17:38 PM CHAIR WILSON announced that the next order of business would be HOUSE BILL NO., 29, "An Act relating to infants who are safely surrendered by a parent shortly after birth." REPRESENTATIVE GABRIELLE LEDOUX, Alaska State Legislature, speaking as a prime sponsor, explained that she believes this "safe haven" bill has the potential to save an infant's life. It allows a parent to safely surrender an infant to a peace officer, physician, hospital employee, firefighter, or community health aide within 21 days of the child's birth without fear of criminal prosecution. Currently 47 states have some type of safe haven law. She said that the intent of the bill is to deter young unmarried women who conceal their pregnancies and give birth in private from disposing of their newborn's bodies. 4:19:38 PM REPRESENTATIVE NEUMAN moved to adopt the proposed committee substitute (CS) for HB 29, Version 25-LSO192\M, Mischel, 2/20/07. There being no objection, Version M was before the committee. 4:20:03 PM REPRESENTATIVE FAIRCLOUGH asked why the time period of 21 days was chosen. REPRESENTATIVE LEDOUX replied that any number could have been chosen however, she said she believes the 21-day period was chosen by consensus by last year's House Health, Education and Social Services Standing Committee. 4:20:58 PM REPRESENTATIVE GARDNER agreed this was an important life saving bill. However, she expressed concern as to how quickly a child can be released for adoption and whether the issue of paternity is considered. CHRISTINE R. MARASIGAN, Staff to Representative Gabrielle Ledoux, Alaska State Legislature, explained that some states use a registry system to find fathers of abandoned infants. She noted that the Alaska legislation allows either a father or mother to surrender an infant. She went on to say that there are already abandonment statutes in place; this legislation eliminates criminal prosecution if the infant is safely surrendered to certain professionals as listed in the bill. Issues of adoption would be covered by other statutory provisions. 4:23:22 PM CHAIR WILSON asked what would happen under current laws if a two week old infant was brought to a church, for example, and left. 4:23:52 PM TAMMY SANDOVAL, Deputy Commissioner, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), replied that whomever the child was surrendered to would contact the nearest OCS and that agency would make sure the child was safely placed in a foster home. The OCS would then try to locate the absent parent. This is the same process used for situations when a child is abandoned. REPRESENTATIVE NEUMAN said that it is important to locate the father or the mother, and that is why this bill refers to the parent. 4:25:06 PM REPRESENTATIVE GARDNER asked how long it may take to locate a parent in cases where a child is abandoned. MS. SANDOVAL replied that it really depends on the situation and whether the parent is forthcoming with information when they surrender the child. It can take quite a bit longer if OCS has no knowledge of the parent. Sometimes the community can help to identify relatives who may assume custody of the child. If no one comes forward, OCS must go through the regular legal procedures required to be followed before a child is adopted. 4:27:10 PM REPRESENTATIVE CISSNA expressed her sympathy to Representative Gardner's concerns and reminded the committee that the system is not set up to expedite adoption proceedings for a child whose custody has been surrendered. She asked whether there was information on how often parents change their minds after surrendering custody of a child. MS. SANDOVAL stated that she was not aware of what percentage of parents in the aforementioned situation changed their minds, but could review that issue. She reminded the committee that AS 47.10.013, the abandonment statute, covers situations where a parent or guardian, without justifiable cause, has left a child without provisions for the child's support and without meaningful communication with the child for a period of 3 months. In general, this seems to indicate a three-month minimum time period before any adoption proceedings can start, she indicated. She distinguished the abandonment situation from the situation where OCS is trying to work with parents and children in what can be a lengthy rehabilitative process. She offered that in a situation where a parent truly abandons an infant, the infant would likely move through the adoption process more quickly than an older child. 4:31:20 PM REPRESENTATIVE CISSNA asked about the time period for infant adoption proceedings. MS. SANDOVAL said that her agency is not aware of any time in the recent past when an infant has been surrendered. She said that it is a different situation where OCS is involved with a parent in a Child in Need of Aid proceeding. REPRESENTATIVE CISSNA queried whether younger children are adopted faster, regardless of how they come to be in the state system. MS. SANDOVAL explained that the situation of abandonment may result in a speedier adoption because OCS would not be involved in a case plan with a parent. She said that she surmises that adoption proceedings for a surrendered infant would be speedier because there is no parent to work with in a rehabilitative process. 4:34:06 PM CHIP WAGONER, Lobbyist, Executive Director, Alaska Conference of Catholic Bishops, reminded the committee that the position of the Catholic Church is to support life from the moment of conception until natural death, and this bill may save a life. The church also supports the integration of the bill's provisions with the current OCS system and is satisfied with the 21-day limit in the bill. 4:36:42 PM REPRESENTATIVE GARDNER moved to report CSHB 29, Version 25- LS0192\M, Mishcel, 2/20/07, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 29(HES) was reported from House Health, Education and Social Services Standing Committee.
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