Legislature(1999 - 2000)

04/28/1999 01:20 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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HB 177 - FOSTER CARE & DELINQUENT MINORS                                                                                        
                                                                                                                                
CHAIRMAN KOTT announced the next order of business is House Bill                                                                
177, "An Act relating to foster parents; relating to the right of                                                               
foster parents to have notice of, and testify at, delinquency                                                                   
hearings and to the disclosure of minors' records to foster                                                                     
parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska                                                                
Delinquency Rules."                                                                                                             
                                                                                                                                
CHAIRMAN KOTT indicated the committee would be taking up CSHB
177(HES), Version 1-LS0760\G.                                                                                                   
                                                                                                                                
Number 0344                                                                                                                     
                                                                                                                                
REPRESENTATIVE FRED DYSON, Alaska State Legislature, came before                                                                
the committee as sponsor of HB 177.  He noted that the bill cleans                                                              
up a piece of the child protection bill from last year.  He asked                                                               
Ms. Lisa Torkelson to explain the bill.                                                                                         
                                                                                                                                
Number 0366                                                                                                                     
                                                                                                                                
LISA TORKELSON, Legislative Assistant to Representative Fred Dyson,                                                             
Alaska State Legislature, explained last year HB 456 was introduced                                                             
which gave the right of foster parents to have notice of and                                                                    
testify at child-in-need-of-aid delinquency hearings, as well as                                                                
disclose to them some records of children in their care.  She noted                                                             
that the child-in-need-of-aid portion was put into HB 375 - the                                                                 
governor's child protection bill - and this bill would take the                                                                 
delinquency portion and make it go to the same level as a child in                                                              
need of aid.                                                                                                                    
                                                                                                                                
Number 0400                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON noted that last year there was unanimous                                                                   
support for the need of foster parents to have information on past                                                              
criminal behavior and behavioral problems; and, that foster parents                                                             
would be a valuable asset in the treatment plans, final placement                                                               
plans, and court proceedings involving their children.  That was                                                                
included in the child-in-need-of-aid law, last year, and this bill                                                              
takes care of the children in the other category that by-en-large                                                               
have been adjudicated as delinquent.                                                                                            
                                                                                                                                
Number 0428                                                                                                                     
                                                                                                                                
MS. TORKELSON noted that the only reason it was not included in the                                                             
governor's child protection bill last year was because it was 64                                                                
pages long and it pretty much focused on children in need of aid.                                                               
They were not comfortable with adding section 12, which deals with                                                              
delinquency, and they requested it be done in a separate bill.                                                                  
                                                                                                                                
Number 0449                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG asked Representative Dyson why HB 15 is not                                                             
stuck in this bill.                                                                                                             
                                                                                                                                
REPRESENTATIVE DYSON replied they are very close.                                                                               
                                                                                                                                
REPRESENTATIVE CROFT AND REPRESENTATIVE MURKOWSKI asked                                                                         
Representative Rokeberg to explain HB 15.                                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG replied it is a bill that gives foster                                                                  
parents the right to protest the placement or removal of a child                                                                
back to his/her natural parent(s) in court.                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON noted he is a co-sponsor of that bill, and it                                                              
is a good idea.                                                                                                                 
                                                                                                                                
Number 0485                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked what the material difference is between                                                              
the two bills.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG replied it is the right of a foster parent                                                              
to protest the placement or removal of a child back to his/her                                                                  
natural parent(s) in court.                                                                                                     
                                                                                                                                
Number 0516                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT stated that HB 15 assures the right of the                                                                 
foster parent to have a notice of and testify at delinquency                                                                    
hearings, but not necessarily ask for a hearing in a particular                                                                 
factual situation.                                                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG stated that is the distinction between the                                                              
two bills.                                                                                                                      
                                                                                                                                
MS. TORKELSON said it basically includes the foster parents in the                                                              
loop of the department because often times they have the most                                                                   
knowledge of the children.                                                                                                      
                                                                                                                                
Number 0539                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON suggested passing HB 177 out of committee, at                                                              
which point he would look at merging the bills either on the House                                                              
floor or in the House Rules Standing Committee.  He's sorry that he                                                             
didn't think of it earlier.                                                                                                     
                                                                                                                                
Number 0572                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she is happy to see this bill before the                                                              
committee.  She knows how important it is for foster parents to be                                                              
included in the loop.  She knows that when they have been left out                                                              
of the loop it has been unfortunate for them and the kids.                                                                      
Furthermore, it's not easy to keep foster parents around.  They can                                                             
get discouraged fast, and they aren't easy to come by.  She knows                                                               
of the problems, having been a foster parent herself, but she's not                                                             
sure, however, what would happen if a foster parent has erred.                                                                  
They should also have the right to speak on their own behalf.                                                                   
                                                                                                                                
Number 0623                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT called for a brief at-ease at 2:24 p.m. and called                                                                
the meeting back to order at 2:25 p.m.                                                                                          
                                                                                                                                
Number 0637                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections,                                                                 
Division of Family and Youth Services, Department of Health and                                                                 
Social Services, came before the committee to testify in favor of                                                               
HB 177.  It is appropriate to bring parity between the two statutes                                                             
regulating delinquency proceedings and children in need of aid.  He                                                             
is concerned about HB 15, but as far as HB 177 is written, it is                                                                
appropriate.  He urged the committee to move it forward.                                                                        
                                                                                                                                
Number 0666                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Mr. Buttcane what his specific concerns are                                                                 
regarding HB 15.                                                                                                                
                                                                                                                                
MR. BUTTCANE replied HB 15 speaks to very specific situations that                                                              
arise in child-in-need-of-aid proceedings, and muddies the waters                                                               
by transposing those into a delinquency proceeding.  He would want                                                              
to look very carefully at that before speaking in favor of merging                                                              
the bills.  He noted that it is a sound concept and that he thinks                                                              
that foster parents should be treated as partners in dealing with                                                               
either delinquents or children in need of aid, but HB 15 is                                                                     
something that the department probably would not want in the                                                                    
delinquency statute.                                                                                                            
                                                                                                                                
Number 0714                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated for clarification that it would not                                                              
be in the delinquency statute.                                                                                                  
                                                                                                                                
MR. BUTTCANE noted that HB 177 really speaks to the delinquency                                                                 
statutes.                                                                                                                       
                                                                                                                                
Number 0751                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. Buttcane to review HB 15 later                                                                   
knowing that it might be thrown together in the House Rules                                                                     
Standing Committee.  He would like to know whether or not he has                                                                
any objections before it goes to the House floor.                                                                               
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. Buttcane how the                                                                                 
child-in-need-of-aid and delinquency statutes are distinguishable.                                                              
                                                                                                                                
MR. BUTTCANE replied a child in need of aid is a person who has                                                                 
been neglected or abused, whereas a delinquent is a person who has                                                              
been a perpetrator or offender.  In one, a child is being                                                                       
protected, while in the other, a child is being regulated to                                                                    
protect the community.                                                                                                          
                                                                                                                                
Number 0830                                                                                                                     
                                                                                                                                
BLAIR McCUNE, Deputy Director, Central Office, Public Defender                                                                  
Agency, Department of Administration, testified via teleconference                                                              
from Anchorage in favor of HB 177.  Foster parents are a real big                                                               
help in juvenile delinquency cases.  There appears to be a notice                                                               
provision in the early stage of a juvenile delinquency case whereby                                                             
a foster parent would have to be notified.  The agency is wondering                                                             
whether that means a foster parent for child in need of aid in                                                                  
which that child has done something wrong and has gotten into the                                                               
delinquency system.  Usually, the placement in a foster home                                                                    
happens after the arraignment.  He further suggested considering                                                                
the issue of safety in regards to delinquent children.  He referred                                                             
the committee members to page 7, Section 9, of the bill, and noted                                                              
that foster parents need to know before a child in placed in their                                                              
home about their prior records, incidents in that child's life, and                                                             
their issues.  It looks like the section deals with a court review,                                                             
and noted a lot of the court files have pretty confidential                                                                     
material, such as a psychotherapist's review.                                                                                   
                                                                                                                                
Number 1018                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said, from personal experience, foster parents                                                             
ought to know everything about a foster child in their home.  She                                                               
doesn't understand his concern about not letting them know what                                                                 
they need to know in order to parent that child and to know what to                                                             
expect.                                                                                                                         
                                                                                                                                
Number 1046                                                                                                                     
                                                                                                                                
MR. McCUNE replied he is thinking about a case where an adolescent                                                              
boy was sexually abused.  The particulars of that abuse would be                                                                
discussed with a therapist with a real clear understanding that the                                                             
information is kept confidential.  Foster parents have a legitimate                                                             
need to know the generals of a case, but the particulars are                                                                    
included in the court's files.  A foster parent doesn't need to                                                                 
know the details of the who, what, when and where.                                                                              
                                                                                                                                
Number 1115                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES stated a birth parent knows all about the                                                                  
child from birth, whereas a foster parent has to jump in in the                                                                 
middle.  Foster parents need all the help that they possibly can to                                                             
understand what to anticipate and why a child does what he does.                                                                
She agrees that the sordid details don't necessarily need to be                                                                 
part of an issue, but certainly the issues would need to be made                                                                
available to the foster parent.                                                                                                 
                                                                                                                                
Number 1156                                                                                                                     
                                                                                                                                
MR. McCUNE agreed with Representative James.                                                                                    
                                                                                                                                
Number 1164                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. McCune whether the foster parents                                                                
are considered the guardian or is the state.                                                                                    
                                                                                                                                
MR. McCUNE replied, generally, the Department of Health and Social                                                              
Services has legal custody in both juvenile delinquency and                                                                     
child-in-need-of-aid cases.  In child-in-need-of-aid cases there is                                                             
a provision just for supervision, and in juvenile delinquency cases                                                             
there could be a relative placement where the department would not                                                              
have custody.                                                                                                                   
                                                                                                                                
Number 1213                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT asked Mr. McCune whether that is the reason                                                                
for a gap when using the phrase, "parent or legal guardian."                                                                    
Foster parents fall between the two.                                                                                            
                                                                                                                                
Number 1227                                                                                                                     
                                                                                                                                
MR. McCUNE replied, yes, but they have been given more and more                                                                 
rights and considerations in the past several years as the result                                                               
of legislation.  The buck stops, however, with the Department of                                                                
Health and Social Services.                                                                                                     
                                                                                                                                
Number 1249                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES responded that is the way it ought to be.  A                                                               
foster parent needs a place to go for responsibility.                                                                           
                                                                                                                                
Number 1278                                                                                                                     
                                                                                                                                
MR. BUTTCANE referred the committee members to page 3, section 3,                                                               
of the bill, and noted that it would require the department to                                                                  
notify the foster parent of an informal action/adjustment, which is                                                             
appropriate.  A child who is in a foster home may be committing                                                                 
offenses and is asked to come in and talk with the department to                                                                
explain his/her behavior and negotiate a consequence, or be held                                                                
accountable through a delinquency petition.                                                                                     
                                                                                                                                
Number 1359                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON asked Mr. McCune whether there are any                                                                     
qualifying words for Section 9, in the bill, that would make him                                                                
feel more comfortable.  The language matches the                                                                                
child-in-need-of-aid section.                                                                                                   
                                                                                                                                
MR. McCUNE replied, he thinks, it gives the courts the authority to                                                             
hold back information of concern.  He doesn't have a proposal to                                                                
change it, however.                                                                                                             
                                                                                                                                
Number 1419                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said, according to his reading of the                                                                   
section, it's just granting a foster parent - the person with a                                                                 
legitimate interest - the right to look at a portion of the court's                                                             
record.                                                                                                                         
                                                                                                                                
Number 1452                                                                                                                     
                                                                                                                                
MS. TORKELSON explained that this very issue was addressed last                                                                 
year, which resulted in the language in the section in order that                                                               
the court could choose what information is given to a foster                                                                    
parent.                                                                                                                         
                                                                                                                                
Number 1492                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT said he sees the distinction, but he's not                                                                 
sure that the language accomplishes that.  The language really says                                                             
the portions relating to the child have to be released, which is                                                                
everything.  It doesn't say relating to the function or portions                                                                
relating to the safety and welfare of what a foster parent should                                                               
know.  He's not sure how to draft it, however, so that it's not                                                                 
overly intrusive.                                                                                                               
                                                                                                                                
Number 1589                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that the bill says with the court's                                                              
permission.  She reads it as having the courts permissions "and" a                                                              
person with a legitimate interest.                                                                                              
                                                                                                                                
REPRESENTATIVE CROFT said, "I think that's probably a correct                                                                   
reading, and if it is, then the court, even with people with                                                                    
legitimate interests, they don't have to do it if they decide they                                                              
don't want to."                                                                                                                 
                                                                                                                                
Number 1644                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG stated he reads it as the court giving                                                                  
permission for the portion of a record it wants the foster parent                                                               
to see.                                                                                                                         
                                                                                                                                
Number 1668                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT said that is the way he reads it as well, and that is                                                             
the intent of the sponsor.                                                                                                      
                                                                                                                                
Number 1676                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON said, "Slap my mouth.  I am more now of the                                                                
persuasion than ever, that we need to be wary about limiting court                                                              
prerogatives.  My view is, we need to get gutter mechanics in the                                                               
court system, but allow them quite a bit of discretion.  In my                                                                  
own--the judges that I've dealt with, which are quite a few now,                                                                
in--that are dealing with children's issues are generally very                                                                  
experienced and quite perceptive about these sort of things.  My                                                                
guess is we will not err or there won't be many problems in                                                                     
allowing the judges as Representative Rokeberg says is we know the                                                              
files for those portions that are inappropriate."                                                                               
                                                                                                                                
Number 1719                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES said she wishes that she has had the same                                                                  
experiences.                                                                                                                    
                                                                                                                                
Number 1730                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG indicated that the committee, if the                                                                    
sponsor wishes, could put discretionary language in relation to the                                                             
court to make it crystal clear.                                                                                                 
                                                                                                                                
Number 1766                                                                                                                     
                                                                                                                                
DOUG WOOLIVER, Administrative Attorney, Administrative Staff,                                                                   
Office of the Administrative Director, Alaska Court System, came                                                                
before the committee to answer questions.  The language was part of                                                             
last year's child protection bill and it should be in this portion                                                              
as well.  The judges are comfortable with it.  The concern that was                                                             
brought to him was that the foster parents get the appropriate                                                                  
information relating to the children, but not information that is                                                               
not relevant to them, such as personal information on the natural                                                               
parents.                                                                                                                        
                                                                                                                                
Number 1839                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT referred to AS 47.12.310 and read the                                                                      
following:                                                                                                                      
                                                                                                                                
     "(H) foster parent or relatives with whom the child is                                                                     
     placed by the department as may be necessary to enable                                                                     
     the foster parents or relatives to provide appropriate                                                                     
     care for the child who is the subject of the case, to                                                                      
     protect the safety of the child who is the subject of the                                                                  
     case, and to protect the safety and property of family                                                                     
     members and visitors of the foster parents or relatives."                                                                  
                                                                                                                                
REPRESENTATIVE CROFT stated, based on that provision, the committee                                                             
may have done enough by putting its concerns on the record.                                                                     
                                                                                                                                
Number 1926                                                                                                                     
                                                                                                                                
CHAIRMAN KOTT asked Representative Dyson whether he is comfortable                                                              
with the language the way it is.                                                                                                
                                                                                                                                
REPRESENTATIVE DYSON replied yes.                                                                                               
                                                                                                                                
Number 1956                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES made a motion to move CSHB 177(HES) from the                                                               
committee with individual recommendations and the attached fiscal                                                               
note(s).  There being no objection, it was so moved from the House                                                              
Judiciary Standing Committee.                                                                                                   

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