Legislature(2007 - 2008)CAPITOL 106
02/21/2008 03:30 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SCR17 | |
| HB274 | |
| HB50 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 274 | TELECONFERENCED | |
| + | SCR 17 | TELECONFERENCED | |
| *+ | HB 50 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 50-CHILD PLACEMENT COMPACT 4:43:09 PM CHAIR WILSON announced that the final order of business would be HOUSE BILL NO. 50, "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date." 4:43:27 PM REPRESENTATIVE ROSES moved to adopt CSHB 50, Version 25- LS0265\E, Mischel, 2/19/08, as a working draft. Hearing no objection, Version E was before the committee. 4:43:54 PM REPRESENTATIVE JOHN COGHILL, Alaska State Legislature, informed the committee that he introduced the bill after hearing a Council of State Governments presentation regarding the Interstate Compact for the Placement of Children (ICPC). Representative Coghill noted that the present day compact has failings; however, in reading the new compact last year he concluded that it held overreaching language that put the state in the position of surrendering too much sovereignty. Representative Coghill worked with other states and the compact commissioners to solve some of the problems, although the state only has the choice to sign on or not, and can not request changes to the language. He noted that some of the reasons to have an interstate compact are to get children out of Alaska to relatives out-of-state, and to arrange for a home visit out-of- state for an Alaskan parent. Representative Coghill observed that the old compact was effective in 1960, and he recommended that the committee review and approve HB 50, Version E. Thirty- five states have to pass the compact prior to its enactment and he stressed that Alaska should move forward due, in part, to its transient society and large numbers of military families. The new compact will hold Alaska and the other members accountable and sets effective rules for matters of adoption and child-in- need-of-aid. He stressed that administration laws and many of the rules of adoption and child-in-need-of-aid have changed significantly over time. Representative Coghill said that the American Public Human Services Association was instrumental in the development of Version E, and he urged the committee to begin the state's process of entering into the compact. 4:49:19 PM REPRESENTATIVE CISSNA recalled looking at changes to a compact eight years ago. REPRESENTATIVE COGHILL responded that there was an amendment to this section in 2003 or 2004; however, there was not a replacement compact. 4:50:26 PM CHAIR WILSON surmised that this is essentially a new compact. REPRESENTATIVE COGHILL said yes. 4:50:42 PM REPRESENTATIVE SEATON asked whether the sponsor statement of September 14, 2007, addresses Version E. REPRESENTATIVE COGHILL answered that the sponsor statement does apply to Version E. 4:51:18 PM REPRESENTATIVE GARDNER pointed out the memorandum in which the state attorney general advised Commissioner Karleen Jackson, Department of Health and Social Services (DHSS), not to adopt the compact. 4:51:48 PM RYNNIEVA MOSS, Staff to Representative John Coghill, Alaska State Legislature, informed the committee that the memorandum Representative Gardner referred to concerned the old version of the compact. 4:52:06 PM REPRESENTATIVE GARDNER asked whether the state attorney general's office has recommended that Commissioner Jackson sign the current form of the proposed new compact. MS. MOSS said yes. There is an assistant attorney general available to testify, if needed. 4:52:54 PM CHAIR WILSON asked whether the memorandum from Jean Mischel dated September 11, 2007, applied to Version E. MS. MOSS stated that the memorandum applied to [Version A]. 4:53:40 PM MARCIA PICKERING, Deputy Compact Administrator; Social Services Program Coordinator, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), advised the committee of her experience as an Interstate Compact for the Placement of Children administrator and read [original punctuation provided]: The current compact was written in 1959/60 and enacted by the first state in 1960. Alaska joined in 1976. The compact was written before the US created an interstate highway system, before the concept of Administrative Law, and before the home use of computer technology. The proposed legislation before you offers an opportunity for states to renew their commitment to the safe and timely interstate placements of children in foster care and more expedient interstate placements for private adoptions. The new compact is intended to bring: Uniformity to the process Accountability Continued Reciprocity and insure Safe and Timely placements And it has been endorsed by the Executive Committees of the Nat. Council of State Human Services Nat. Association of Public Child Welfare Administrators Nat. Association of Administers of the ICPC American Academy of Adoption Attorneys HIGHLIGHTED CHANGES PROVIDES FOR: Administrative Rule making and enforcement Supervision services and Accountability Option of Purchasing Services / HS and Supervision Uniform Data Collection and Info Sharing Guidelines involving Tribal Governments Now 2 Type of Placement Evaluations, uniformity Home Study Assessment Provides for Provisional Approvals, (assessments) Specifies Choice of Law regarding interstate issues Rule Making /applicability of ICPC to US armed Service Members DELETED: Applicability to private parent placements, with relatives and non- relatives, when the placement will not result in an adoption. Applicability to private parent placements to a residential program. Applicability to Foreign Adoptions 4:55:39 PM CHAIR WILSON asked for an explanation of "administrative rules." 4:55:46 PM MS. PICKERING explained that the administrative rules will be created and published, subject to public comment, and that there will be input from stakeholders. The rules are also subject to change by a majority of state legislatures. Presently, without administrative law, the state's representatives would meet and make administrative decisions without the force of law; this led to different interpretations and disputes between states. Ms. Pickering continued to explain that the new compact calls for an interstate commission to enforce uniformity, accountability, and continued reciprocity, and will ensure the safe and timely placement of children. Presently, there are many delays due to the differences between policies from state to state. The new compact has been endorsed by the executive committees of: the American Public Human Services Association, the National Association of Public Child Welfare Administrators, the administrators of the Interstate Compact for the Placement of Children, and the American Academy of Adoption Attorneys (AAAA). 4:58:01 PM MS. PICKERING highlighted the changes in the new compact and said that it now provides for: administrative rule making and enforcement; supervision services, including frequency and content; the option to purchase home study services; uniform data collection and information sharing; guidelines involving tribal government; guidelines on assessments; and provisional approvals. 5:00:22 PM REPRESENTATIVE CISSNA shared her experience that children who go out-of-state without a proper home study are at risk. 5:01:54 PM MS. PICKERING agreed that case workers need to request sufficient information for proper placement; a placement should not be made with an insufficient home study. During out-of- state placement there is also the risk of placing a child without knowing about the provision of medical care and other services. 5:02:53 PM REPRESENTATIVE CISSNA asked whether the new compact will provide for continued contact between a child placed out-of-state and a former foster parent. MS. PICKERING responded that the compact does not address continuing relationships for the child. She expressed her belief that this is an issue for the parties involved and the case worker. Ms. Pickering continued to explain that the new compact specifies the choice of law regarding interstate issues. In answer to a question, she further explained that, with a private adoption, the receiving state's adoption laws will take precedence. In addition, the new compact deletes its applicability to private parent placements with relatives and non relatives, when the placement does not result in adoption. 5:05:17 PM REPRESENTATIVE GARDNER referred to Indian Custodianship, a Native family and federal law that allows a person to give temporary, custodian, guardianship for a child at will. She asked whether this law applies across state borders. MS. PICKERING opined that this issue would have to be addressed on an individual basis. Furthermore, she said she was unfamiliar with this law and its effect in other states. 5:06:46 PM REPRESENTATIVE GARDNER re-stated that this is a federal law, and that it is revocable at will. 5:07:01 PM MS. PICKERING continued to say that the new compact also deletes private parent placement to residential programs and removes the requirement that the Division of Juvenile Justice, Office of Children's Services, needs to give approval to place a child in a residential program. The final changes are that foreign adoptions are no longer required to comply with the compact and that there will be a requirement for oversight of the compact by a state advisory committee. 5:08:04 PM REPRESENTATIVE CISSNA recalled that [the Bring the Kids Home Program] is a party to the placement of children in out-of-state private residential treatment centers. MS. PICKERING agreed that the Bring the Kids Home Project is an effort to analyze the community treatment of kids as an alternative to sending them out-of-state. 5:09:46 PM REPRESENTATIVE CISSNA asked whether there is a contradiction between the compact and the Bring the Kids Home Project. CHAIR WILSON offered that, before kids are sent out-of-state, there must be an evaluation. 5:10:11 PM REPRESENTATIVE CISSNA asked whether Ms. Pickering was doing evaluations. MS. PICKERING said no. REPRESENTATIVE GARDNER requested a copy of Ms. Pickering's testimony. [Although not formally stated, HB 50 was heard and held.]
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