03/12/2007 01:00 PM House JUDICIARY

HB 29 - SAFE HAVEN FOR INFANTS                                                                                                
                                                                                                                                
2:48:35 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE BILL  NO. 29, "An  Act relating  to infants who  are safely                                                               
surrendered  by  a parent  shortly  after  birth."   [Before  the                                                               
committee was CSHB 29(HES).]                                                                                                    
                                                                                                                                
2:49:19 PM                                                                                                                    
                                                                                                                                
CHRISTINE  MARASIGAN, Staff  to Representative  Gabrielle LeDoux,                                                               
Alaska  State   Legislature,  presented   HB  29  on   behalf  of                                                               
Representative  LeDoux, joint  prime  sponsor.   She stated  that                                                               
HB 29 is  also known as the  Safe Haven for Infants  Act, that it                                                               
has the potential to  save the lives of infants up  to 21 days of                                                               
age, that  similar legislation  passed the  House last  year, and                                                               
that  there is  similar  legislation  in 47  other  states.   She                                                               
mentioned  that members'  packets contain  information about  the                                                               
legislation in  those other states.   In response to  a question,                                                               
she said  CSHB 29(HES) is  not substantially different  from what                                                               
passed the House last year, though  the list of people to whom an                                                               
infant can be surrendered has been  expanded and the age limit is                                                               
now 21 days of age.                                                                                                             
                                                                                                                                
CHAIR  RAMRAS noted  that members'  packets contain  two proposed                                                               
amendments.                                                                                                                     
                                                                                                                                
2:51:26 PM                                                                                                                    
                                                                                                                                
GLENN  CLARY, Pastor,  Anchorage Baptist  Temple, said  he is  in                                                               
support of  HB 29, but recommended  that it include an  age limit                                                               
of 3  days of age  rather than 21 days  of age.   He acknowledged                                                               
that  one of  the proposed  amendments  will add  members of  the                                                               
clergy  to the  list of  people that  a person  can surrender  an                                                               
infant to.   He mentioned, however, that although  the bill makes                                                               
use of the term, "department", he  can't tell just by reading the                                                               
bill which  department is being  referred to, and  suggested that                                                               
that point be  clarified.  He also recommended  that the language                                                               
in Section  5 that says, "is  not required to" be  changed to say                                                               
"may";  this  would ensure  that  efforts  by the  department  to                                                               
provide family support services are not precluded by the bill.                                                                  
                                                                                                                                
CHAIR  RAMRAS referred  to [Amendment  2],  which read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 2, line 13, following "is":                                                                                           
     Delete "abandoned safely within the meaning of"                                                                            
          Insert "surrendered in the manner described in"                                                                       
                                                                                                                                
     Page 2, line 17:                                                                                                           
          Following "identity,":                                                                                                
               Insert "and"                                                                                                     
          Following "history":                                                                                                  
          Delete ", or"                                                                                                         
          Insert "of the infant and"                                                                                            
                                                                                                                                
     Page 2, line 23:                                                                                                           
          Following "(4)":                                                                                                      
               Insert "immediately"                                                                                             
     Following "the":                                                                                                           
               Insert "nearest office of the"                                                                                   
                                                                                                                                
     Page 2, line 23 - 24, following "department":                                                                              
       Delete "for initiation of custody, placement, and                                                                        
     adoption proceedings as appropriate"                                                                                       
          Insert "that the infant has been surrendered in                                                                       
     the manner described in (c) of this section"                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG, in  response to  Mr. Clary,  explained                                                               
that the department referred to in  the bill is the Department of                                                               
Health and Social Services (DHSS).                                                                                              
                                                                                                                                
2:54:18 PM                                                                                                                    
                                                                                                                                
JAN  RUTHERDALE,  Assistant  Attorney General,  Child  Protection                                                               
Section, Civil  Division (Juneau), Department of  Law (DOL), said                                                               
the changes  proposed by Amendment  2 are  primarily housekeeping                                                               
changes.   The  change  proposed  to page  2,  line 13,  provides                                                               
conforming  language; the  change proposed  to page  2, line  17,                                                               
would  allow the  parent to  provide the  medical history  of the                                                               
child and the parents; the first  change proposed to page 2, line                                                               
23, would assist the department  in getting involved immediately;                                                               
and the second change proposed to  page 2, line 23, would clarify                                                               
that the department is simply  being notified of the surrender of                                                               
the infant without specifying what  steps the department would be                                                               
taking next.                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 29.                                                                                      
                                                                                                                                
REPRESENTATIVE SAMUELS  referred to language  on page 2,  line 7,                                                               
which  says in  part, "a  hospital employee",  and asked  whether                                                               
that means an infant could be left with a janitor, for example.                                                                 
                                                                                                                                
MS. MARASIGAN indicated  that the point of the bill  is to ensure                                                               
that the infant is given to  another human being rather than just                                                               
abandoned someplace potentially dangerous.                                                                                      
                                                                                                                                
2:58:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM made  a  motion to  adopt Amendment  1,                                                               
labeled 25-LS0192\K.2, Mischel, 2/26/07, which read:                                                                            
                                                                                                                                
     Page 2, line 7, following "peace officer,":                                                                                
          Insert "member of the clergy,"                                                                                        
                                                                                                                                
CHAIR  RAMRAS   asked  whether  there  were   any  objections  to                                                               
Amendment 1.  There being none, Amendment 1 was adopted.                                                                        
                                                                                                                                
2:59:14 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a motion  to adopt Amendment 2  [text provided                                                               
previously].  There being no objection, Amendment 2 was adopted.                                                                
                                                                                                                                
2:59:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  moved  to   report  CSHB  29(HES),  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
(JUD)   was  reported   from  the   House  Judiciary   Standing                                                               
Committee.