Legislature(2011 - 2012)CAPITOL 106
04/07/2011 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SCR7 | |
| HB209 | |
| HB61 | |
| HB33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 7 | TELECONFERENCED | |
| *+ | HB 209 | TELECONFERENCED | |
| *+ | HB 61 | TELECONFERENCED | |
| *+ | HB 33 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 33-FOSTER CARE LICENSING/STATE CUSTODY
4:16:34 PM
CHAIR KELLER announced that the final order of business would be
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 33, "An Act relating to
the procedures and jurisdiction of the Department of Health and
Social Services for the care of children who are in state
custody; relating to court jurisdiction and findings pertaining
to children who are in state custody; and modifying the
licensing requirements for foster care."
4:17:13 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, explained
that SSHB 33 did not have a fiscal note, and that the Department
of Health and Social Services (DHSS) had worked closely with the
joint prime sponsors on the language of the bill. Directing
attention to the proposed amendment [Included in members'
packets], he confirmed its request by the Department of Law
(DOL) as there had been technical changes to prior foster care
legislation. He established that SSHB 33 created the
presumption that siblings live together, with a requirement for
case worker explanation and supervisorial agreement to allow
otherwise. Reflecting on the rural code requirements for foster
care housing, he shared that those requirements not in federal
law could be waived if it was in the best interest of the child
and the home was safe. He endorsed a goal of foster care for
permanency, to get children into a permanent home. He opined
that the DHSS would "give up on permanency sometimes." He
confirmed that SBHB33 stated: "unless there's a compelling
reason, you have to keep looking for a permanent for a child.
You can't just give up and say we'll put you in bounce able
foster care." He defined APPLA to be "another planned permanent
living arrangement," and explained it to be the act of giving up
on finding permanent placement for a child. He stressed that
this was not acceptable without a compelling reason. He
analyzed the last provision of the bill, requiring that at least
30 days notice be given to the youth and the guardian ad litem
for transfer out of foster care, unless agreement by all the
parties. He explained the various post foster care benefits
which included assistance for college tuition, work force
training, and rent.
4:22:54 PM
REPRESENTATIVE GARA shared that the Director of the Office of
Children's Services (OCS) had recently written in a newsletter
that DHSS used APPLA too much.
CHAIR KELLER asked if the APPLA definition was included in SSHB
33.
REPRESENTATIVE GARA replied that the definition was included in
the proposed amendment on page 4, line 24.
4:24:16 PM
CHAIR KELLER reflected that it was "an alternative to permanent
placement with an adult family member, and an alternative to
reunification, adoption, and legal guardianship." He asked if a
living arrangement could be more than "a mom and a dad,
siblings..."
REPRESENTATIVE GARA replied that APPLA simply meant keeping
someone in foster care with no guarantee of not being moved to
another home. He stated that the goal was for parent or
guardian permanence.
4:25:10 PM
REPRESENTATIVE KERTTULA asked to clarify that children had
foster care terminated with no notice.
REPRESENTATIVE GARA observed that although DHSS tried to avoid
it, cases existed of children receiving notice one day prior to
the end of foster care. He endorsed a statute which required
DHSS and OCS to do better.
REPRESENTATIVE KERTTULA offered her belief that this change was
necessary.
4:26:24 PM
AMANDA METIVIER, Statewide Coordinator, Facing Foster Care in
Alaska (FFCA), responding to questions regarding APPLA, stated
that this was supportive of long term foster care. She pointed
out that SSHB 33 would restrict the use of APPLA, so that youth
would not "age out" and the search for permanency would never
stop. She stressed the never ending need for family. She
highlighted the difficulties that arose with a release from
custody without notice. She spoke about the need to keep
siblings together.
4:30:57 PM
REPRESENTATIVE KERTTULA, referring to the termination of foster
care, asked if there was a requirement to give notice, or if OCS
had failed to give notice.
MS. METIVIER replied that OCS was supposed to give notice to all
parties, but she was unsure of the lead time required. She
agreed that it could be difficult to contact youth, as they were
mobile.
4:32:33 PM
REPRESENTATIVE KERTTULA moved to adopt Amendment 1, labeled 27-
LS0203\E.1, Mischel, 4/6/11, which read:
Page 3, line 6, following "blood":
Insert ", marriage, or adoption"
Page 3, lines 16 - 17:
Delete "[AN] additional one-year periods [PERIOD]
of supervision past [AGE] 19 years of age that do not
extend beyond the person's 21st birthday if continued"
Insert "an additional one-year period of custody
or supervision past [AGE] 19 years of age and
additional one-year periods of custody that do not
extend beyond the person's 21st birthday if continued
custody or"
Page 3, line 20:
Delete "minor"
Insert "child [MINOR]"
Page 4, lines 3 - 5:
Delete "[AN] additional one-year periods [PERIOD]
of supervision past [AGE] 19 years of age that do not
extend beyond the person's 21st birthday if continued"
Insert "an additional one-year period of custody
or supervision past [AGE] 19 years of age and
additional one-year periods of custody that do not
extend beyond the person's 21st birthday if continued
custody or"
Page 4, line 8, following "placed":
Insert "in the custody or"
Page 4, lines 10 - 12:
Delete "[AN] additional one-year periods [PERIOD]
of supervision past [AGE] 19 years of age that do not
extend beyond the person's 21st birthday if continued"
Insert "an additional one-year period of custody
or supervision past [AGE] 19 years of age and
additional one-year periods of custody that do not
extend beyond the person's 21st birthday if continued
custody or"
Page 4, line 31, following "recommend":
Insert "to the court"
Page 5, following line 1:
Insert "(1) the child is 16 years of age or
older;"
Renumber the following paragraphs accordingly.
Page 5, line 3, following "child;":
Insert "and"
Page 5, line 8:
Delete "; and"
Insert "."
Page 5, lines 9 - 10:
Delete all material.
Page 5, lines 11 - 12:
Delete "who is under 19 years of age"
Page 5, line 12, following "department":
Insert ", before the date custody is ordered to
end,"
Page 5, line 13, following "child":
Insert ", if the child is over 16 years of age
and available,"
Page 5, line 14:
Delete "petition for release is filed"
Insert "motion for release is filed, unless the
parties agree to a shorter notice period"
Page 5, line 15:
Delete "petition with the court for termination"
Insert "motion with the court for release"
Page 5, line 16:
Delete "and release"
Page 5, following line 19:
Insert a new subsection to read:
"(r) When custody of a child who has been
committed to the custody of the department is due to
expire, the department shall file a notice of release
with the court 30 days before the date of release
unless the parties agree to a shorter notice period
and distribute the notice to the parties, including
the child if the child is 16 years of age or older and
available."
Reletter the following subsections accordingly.
Page 5, lines 20 - 21:
Delete "all reasonable efforts to place siblings
who are in the custody of the department in the same
placement"
Insert "reasonable efforts to place siblings in
the same placement if the siblings are residing in the
same home when taken into the custody of the
department"
Page 5, line 22:
Delete "state or regional director of"
Insert "case supervisor for"
Page 5, lines 23 - 24:
Delete "provide a written explanation in the file
of"
Insert "document in the file"
Page 5, line 26, following "blood":
Insert ", adoption,"
Page 5, line 30:
Delete "is more than 15 years of age and"
Page 6, line 4:
Delete ";"
Insert "."
Page 6, lines 5 - 6:
Delete all material.
Page 6, following line 6:
Insert a new subsection to read:
"(u) In this section, "another planned permanent
living arrangement" means a permanent living
arrangement for a child who is committed to the
custody of the department under AS 47.10.080(c)(1)
that is an alternative to permanent placement with an
adult family member, and to reunification, adoption,
and legal guardianship."
Page 6, lines 8 - 9:
Delete "ensure that"
Insert "streamline"
Page 6, lines 10 - 11:
Delete "is not unduly complex and is as short and
straightforward as necessary to protect a child's best
interests"
Insert "to the extent consistent with federal
law"
Page 6, lines 15 - 17:
Delete all material.
Renumber the following paragraphs accordingly.
There being no objection, it was so ordered.
4:34:34 PM
REPRESENTATIVE KERTTULA, asking about the process for
termination of foster care, requested assurance that it did not
happen on a moment's notice.
JAN RUTHERDALE, Senior Assistant Attorney General, Child
Protection Section, Civil Division (Juneau), explained that a
child can leave the system at 18 years of age, if the term of
custody had ended or a motion to be let out early was filed.
She pointed out that the bill addressed the end of custody
provision, and required that notice be given. She offered her
belief that more of the surprises occurred when the term of
custody expired, as only the court could end custody early. She
declared that DHSS was required by statute to notify the foster
parents, but that SSHB 33 also required notification to an older
child, if they were available. She confirmed that, in Juneau,
the local practice was for notification of the end of the term
for custody to be sent 30 days in advance to both the parties
and the courts. She declared that the bill would make this a
state-wide practice.
4:38:21 PM
REPRESENTATIVE SEATON asked the reasons for different lengths of
custody.
MS. RUTHERDALE explained that the term of custody could only be
for two years, and then up to one year for each extension. She
pointed out that, as a term of custody could often begin mid-
year of a child's chronological age, the custody could then last
beyond the age of 18.
4:39:40 PM
REPRESENTATIVE SEATON asked if the normal procedure was based on
calendar year extensions and not on age of the child.
MS. RUTHERDALE replied that it could vary, though always for the
best interest of the child.
4:40:19 PM
REPRESENTATIVE HERRON asked if the "best practice" was defined
as 30 days.
MS. RUTHERDALE replied that the actual notice was more than 30
days to allow time for motion and possible opposition, so that
it was actually closer to 60 days.
4:41:09 PM
TRACY SPARTZ-CAMPBELL, Deputy Director, Central Office, Office
of Children's Services, Department of Health and Social
Services, in response to Chair Keller, said that about 1200
children were in foster care in Alaska. She opined that about
100 of them were over the age of 18.
CHAIR KELLER, reflecting on children over 18 years but under 21
years of age, pondered the amount of loving adult supervision.
4:42:05 PM
REPRESENTATIVE KERTTULA asked for the percentage of foster care
kids in foster homes.
MS. SPARTZ-CAMPBELL replied that most of them, if in custody,
would be in some type of placement. In response to
Representative Kerttula, she confirmed that there were hundreds
and hundreds of foster homes.
[SSHB 33 was held over.]