Legislature(1993 - 1994)
01/12/1994 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 45 - MISC. LAWS RELATING TO MINORS Number 1751 JERRY BURNETT, staff to Senator Randy Phillips, prime sponsor of SB 45, testified that the bill addresses basically three problems: 1) What do you do with youth who have run away from home and there is no facility in the area where they are? Which is where the shelter home concept comes in. 2) The problem of the balance between parental and minor rights of the runaway child. And 3) The problem the state has with housing juveniles in adult correctional facilities. Mr. Burnett said it was his understanding the committee had a CS and requested that someone address what the changes were in the CS. Number 1915 REP. PORTER discussed the changes and said the pivotal designation was that currently the minor has the choice of determining where he/she wants to go. He said under the CS, providing that there is no abuse, this would be reversed. Number 2214 REP. JAMES asked what was the gist of the bill. REP. PORTER called for testimony on SB 45. Number 2258 ELMER LINDSTROM, Special Assistant to Commissioner Lowe, Department of Health & Social Services (DHSS), described two provisions that DHSS had an interest in. He referred to a position paper in the packet dated April 26, 1993, which discussed the two points. He said the two general areas were the runaway issue and detention of juveniles in adult facilities. He said that language was crucial to DHSS in that they have about $325,000 in federal funds riding on passage of those provisions in this bill, because federal law prohibits the lockup or detention of juveniles in adult jails or lockups. He said the language in SB 45 brings state law into compliance with those federal requirements. He also stated that the Chairman described adequately the benefit to a parent who is nonabusive, who's child happens to run away for whatever reason. The concern is if there is an abusive parents. Would this language in fact potentially result in some instances of a law enforcement officer using his discretion in good faith, but in fact returning a child to an abusive home? He said DHSS would like an opportunity to review this section. Number 2752 BETTY JO ENGELMAN, Juneau Youth Services, testified that her organization was very supportive of the jail removal section of the bill. They were concerned about the emancipation section, which could dissolve the family at the child's age of 16. In addition, she said children under the emancipation section should be able to demonstrate self- support, and the Division of Family and Youth Services (DFYS) not be exempt from serving emancipated minors. She raised another concern regarding liability and the lesser standards for licensing safe homes. Number 3431 The committee and witnesses discussed licensing standards for safe homes, length of time for care, and liability. TAPE 94-2, SIDE A Number 232 Discussion continued about concerns regarding liability. Number 1117 SENATOR RANDY PHILLIPS made a short statement for the record, beginning with discussion about his runaway bill passed in 1986, which gave the choice to the child to either go home or go to social services. He said since then problems have been getting more complex and he would like to balance the playing field between parents and children. He hopes SB 45 was a step in the right direction. Number 1400 Discussion resumed on the question of liability and standards in current law. Number 2342 REP. PORTER asked the committee to make a list of questions to be researched before passing the bill out of committee. Number 2351 SHERRIE GOLL, representing the Alaska Women's Lobby and KIDPAC, commended the sponsor for tackling what is a very serious problem in our state and a very complex to resolve. She gave the committee an historical perspective of the problem, testified against emancipation, discussed her concerns about the liability issue, and concerns about the section regarding returning the child home. She discussed emergency shelters and appropriate institutions for children. Number 4300 REP. PORTER asked Elmer Lindstrom to give the committee an analysis of the new bill, and indicated to the committee that he would like to bring SB 45 up before the committee again Friday afternoon. He said at that time they would discuss enhancing the language on the liability section - the notion of adding the criteria of sustained financial capabilities in the emancipation section. In addition, the question needed to be answered whether the emancipated child should be treated as an adult for criminal prosecution across the board. TAPE 94-2, SIDE B Number 010 REP. PORTER announced that SB 45 would be held in committee until Friday, January 14, 1994. ADJOURNMENT CHAIRMAN PORTER adjourned the meeting at 3:30 p.m.
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