Legislature(2007 - 2008)CAPITOL 120
03/13/2008 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB278 | |
| HB333 | |
| HB354 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 278 | TELECONFERENCED | |
| *+ | HB 333 | TELECONFERENCED | |
| + | HB 354 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 354 - HARD-TO-PLACE CHILD SUBSIDY/CHILD SUPPORT 2:29:37 PM CHAIR RAMRAS announced that the final order of business would be HOUSE BILL NO. 354, "An Act relating to subsidies for a hard-to- place child; relating to criminal sanctions for unlawful disclosure of confidential information pertaining to a child; relating to child support orders in child-in-need-of-aid and delinquency proceedings; and providing for an effective date." [Before the committee was CSHB 354(HES).] 2:30:27 PM RYNNIEVA MOSS, Staff to Representative John Coghill, Alaska State Legislature, on behalf of the sponsor, Representative Coghill, explained that the legislation was brought forth by the Office of Children's Services (OCS), the Department of Health and Social Services (DHSS), the Department of Law (DOL), and a private family law practice in Fairbanks, Alaska. She related that the firm had a client who turned 18, had lived with his mother and step-father for 18 years and wanted to be adopted by his step-father, but could not due to a conflict in language. She explained that proposed AS 25.23.050(a)(7) would allow a person 18 years old to be adopted without notice or consent of the parent. [Chair Ramras turned the gavel over to Vice Chair Dahlstrom.] MS. MOSS noted that two amendments to the bill, suggested by the DOL, would clean up HB 354. She referred to proposed language in Section 2, and said it is no longer necessary since the proposed changes to Section 1 deleted the language that required the court to dispense with consent of a parent. MS. MOSS, in response to Representative Gruenberg, noted her agreement that proposed Section 3 is also being deleted. REPRESENTATIVE HOLMES asked for clarification whether all of proposed Sections 2 and 3 of HB 354 would be deleted. MS. MOSS referred to page 2, line 29, in proposed AS 25.23.100(a), and advised that only the words, "Except as provided in (k) of this section, at" are being deleted. She further referred to page 3, line 3, and advised that the language "(7)" is also being deleted. She explained that Section 4 is being revised to reflect that small monthly sums are not always necessary, such as in cases in which the child is adopted at birth, with no evidence of physical or mental issues. She stated that this language will allow the department to defer a subsidy unless a physical or mental issue arose, but that the subsidy would be limited to foster care rates. Ms. Moss noted that Section 5 would add language to reflect that when requested by the governor, that the Office of Public Advocacy (OPA) and other agencies and would have to provide certain confidential information. This clarifies that if a person obtains information under that section of law and discloses that information, that the person could be convicted of a misdemeanor. REPRESENTATIVE GRUENBERG, in response to Representative Holmes, offered that a violation would not be a class B misdemeanor, because the fine is only $500. 2:36:01 PM JAN RUTHERDALE, Senior Assistant Attorney General, Child Protection Section, Civil Division (Juneau), Department of Law (DOL), answered that she thought that Representative Gruenberg is correct. She offered that she works in the civil section and not the criminal section of the DOL. REPRESENTATIVE COGHILL opined that this is over an infraction but is only up to $500. REPRESENTATIVE GRUENBERG opined that this bill has similar language as in Title 28, since the fines are up to $500 and are misdemeanor fines. MS. RUTHERDALE agreed that the fine is up to $500 and that it constitutes a misdemeanor. MS. MOSS referred to proposed Sections 6 and 9, which she explained clarify that the child support services division is authorized to establish child support orders administratively as is the court. She noted that a proposed amendment exists to delete proposed Section 7. She explained that subsection (a) is unchanged, but that a proposed subsection (b), which is language from a bill that Representative Gara introduced, says that nothing in this subsection can be construed as prohibiting a civil action for negligence or wrongful death if a child is injured or dies while in custody of the state. 2:39:05 PM REPRESENTATIVE COGHILL made a motion to adopt Amendment 1, which read [original punctuation provided]: Page 4, lines 12-15: Delete all material. MS. MOSS referred to page 4, lines 12-15 in proposed AS 47.10.960, and advised that Amendment 1 would delete this language. She explained that it is unnecessary to say, "Except as provided in (b) of this section." She noted that Section 8 was added to clarify that the state can be held liable for a civil action for negligence or wrongful death if a child is injured or dies while in state custody. There being no objection, Amendment 1 was adopted. 2:40:11 PM REPRESENTATIVE COGHILL made a motion to adopt Amendment 2, which read [original punctuation provided]: Page 2, line 29: After "petition." Delete "Except as provided in (k) of this section, at [AT]" Insert "At" Page 3, line 3: After "(6)" Delete "(7)" Page 3, lines 6-11: Delete all material MS. MOSS explained that Amendment 2 would delete unnecessary language because in proposed Section 1 on page 2, line 13-15, language was deleted that requires the court to dispense with parental consent since the child is 18 and no longer would require parental consent. There being no objection, Amendment 2 was adopted. VICE CHAIR DAHLSTROM, after first determining that no one else wished to testify, advised that public testimony on HB 354 was previously closed. 2:42:58 PM CHAIR RAMRAS moved to report CSHB 354(HES), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 354(JUD) was reported from the House Judiciary Standing Committee.
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