Legislature(2007 - 2008)SENATE FINANCE 532

04/11/2008 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 366 PFD: EXECUTION /DISCLOSURE OF APPROPS TELECONFERENCED
Heard & Held
+ SB 160 MANDATORY UNIVERSAL HEALTH CARE TELECONFERENCED
Heard & Held
+ HB 65 PERSONAL INFORMATION & CONSUMER CREDIT TELECONFERENCED
Scheduled But Not Heard
+= HB 50 CHILD PLACEMENT COMPACT TELECONFERENCED
Heard & Held
+= HB 332 PRE-ELEMENTARY SCHOOL PROGRAMS TELECONFERENCED
Moved CSHB 332(FIN)(title am) Out Comte.
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 2 VOCATIONAL EDUC ACCOUNT TELECONFERENCED
Moved SCS HB 2(FIN) Out of Committee
+= HB 226 REPEAL TERMINATION OF STEP PROGRAM TELECONFERENCED
Heard & Held
CS FOR HOUSE BILL NO. 50(JUD)                                                                                                 
                                                                                                                                
     "An  Act  relating to  the  Interstate Compact  for  the                                                                   
     Placement  of   Children;  establishing   an  interstate                                                                   
     commission  for  the  placement  of  children;  amending                                                                   
     Rules 4 and 24(b), Alaska  Rules of Civil Procedure; and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
RYNNIEVA MOSS, STAFF, REPRESENTATIVE  JOHN COGHILL, explained                                                                   
that the  Interstate Compact  for the  Placement of  Children                                                                   
has several  problems.   States have  been joining  forces to                                                                   
compose a new compact that has  accountability and allows the                                                                   
states  to  agree  on regulations  of  conformity  that  will                                                                   
result  in children  being placed  in foster  care a  shorter                                                                   
length  of  time  before  being  placed  with  relatives  and                                                                   
friends  in   other  states.     She  shared   Representative                                                                   
Coghill's  story  behind  deciding  to come  forth  with  the                                                                   
legislation in order to help children.                                                                                          
                                                                                                                                
Ms. Moss reported  that under this legislation,  work studies                                                                   
would be  completed in sixty  days, rather than  three months                                                                   
to a year, as happens now.                                                                                                      
                                                                                                                                
10:18:23 AM                                                                                                                   
                                                                                                                                
MARCIA  PICKERING,   DEPUTY  COMPACT  ADMINISTRATOR,   SOCIAL                                                                   
SERVICES PROGRAM  COORDINATOR, OFFICE OF  CHILDREN'S SERVICES                                                                   
(OCS), DEPARTMENT  OF HEALTH  AND SOCIAL SERVICES,  explained                                                                   
the requirements  of the new  Compact, which are  intended to                                                                   
return uniformity  to the process, establish  accountability,                                                                   
and ensure safe  and timely placements of children  in foster                                                                   
care to  homes in other states.   The Compact  should shorten                                                                   
the time  spent in  foster care to  two months because  there                                                                   
will be an opportunity  to request an assessment  vs. a full-                                                                   
blown home study.  The assessment  will allow for provisional                                                                   
approval from another state more quickly.                                                                                       
                                                                                                                                
Ms.  Pickering  explained  that  the provisions  in  the  new                                                                   
Compact  will  help  address   the  frustrations  the  state,                                                                   
judges,  and   others  have  had.     It  will   provide  for                                                                   
administrative  rule-making  and enforcement.    In the  past                                                                   
there has  not been  any accountability  in enforcement.   It                                                                   
will  also  provide for  supervision  services  for  children                                                                   
already placed.  It will provide  for uniform data collection                                                                   
and information sharing and require  oversight by an in-state                                                                   
advisory committee made up of  administration, judiciary, and                                                                   
legislative participants.                                                                                                       
                                                                                                                                
10:20:31 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  asked how  the bill  relates to the  Indian                                                                   
Child Welfare  Act.  Ms.  Pickering shared her  understanding                                                                   
of the purpose of the placement  responsibilities of the Act.                                                                   
The Compact  will help facilitate the placements  recommended                                                                   
by the  Act.  Co-Chair  Hoffman asked  if it conflicted  with                                                                   
the Indian  Child Welfare Act's  intention to  place children                                                                   
with a native family.  Ms. Pickering said it did not.                                                                           
                                                                                                                                
10:22:09 AM                                                                                                                   
                                                                                                                                
Senator  Elton referred  to  page 27,  Section  6, where  the                                                                   
Governor is replaced with the  Commissioner of the Department                                                                   
of  Health   and  Social   Services.     He  questioned   the                                                                   
constitutionality  of that change.   Ms.  Moss said  that the                                                                   
Department  of Law  was involved  in  drafting the  language.                                                                   
She related the history of analyzing  the language in the old                                                                   
Compact.  The  Governor's office, Attorney  General's office,                                                                   
as well as private attorneys,  have been involved in drafting                                                                   
this legislation.                                                                                                               
                                                                                                                                
Senator Elton  wondered if "the Governor may  delegate" would                                                                   
be  better.   Ms.  Moss referred  to statutes  that  transfer                                                                   
authority to the commissioner  to be on the commission and to                                                                   
be involved in promulgating regulations  for states to use as                                                                   
guidelines  for  placement of  children.   She  predicted  it                                                                   
would be  labor intensive  for the first  several years.   It                                                                   
would be consistent with other laws.                                                                                            
                                                                                                                                
Senator  Elton  assumed  it  would  not  restrict  an  acting                                                                   
commissioner.   Ms. Moss thought  an acting commissioner  was                                                                   
considered to  be the commissioner.  Senator  Elton requested                                                                   
the bill be set aside to answer that question.                                                                                  
                                                                                                                                
10:25:51 AM                                                                                                                   
                                                                                                                                
Senator Thomas  stated support  for the bill.   He  asked how                                                                   
many  children the  bill would  affect.   Ms. Pickering  said                                                                   
there  were about  150  children  placed outside  the  state.                                                                   
About 38 of those  are in relative foster care,  about 50 are                                                                   
in  residential  programs, and  the  rest are  with  parents,                                                                   
relatives, and adoption placement.                                                                                              
                                                                                                                                
CSHB 50  (JUD) was  heard and HELD  in Committee  for further                                                                   
consideration.                                                                                                                  
                                                                                                                                
AT-EASE:       10:28:01 AM                                                                                                    
                                                                                                                                
RECONVENED:    10:32:30 AM                                                                                                    
                                                                                                                                
CS FOR HOUSE BILL NO. 50(JUD)                                                                                                 
                                                                                                                                
     "An  Act  relating to  the  Interstate Compact  for  the                                                                   
     Placement  of   Children;  establishing   an  interstate                                                                   
     commission  for  the  placement  of  children;  amending                                                                   
     Rules 4 and 24(b), Alaska  Rules of Civil Procedure; and                                                                   
     providing for an effective date."                                                                                          
                                                                                                                                
Co-Chair Stedman  remarked that the bill was  held because of                                                                   
Senator Elton's concerns.   He referred to a  legal memo that                                                                   
addresses those concerns (copy on file.)                                                                                        
                                                                                                                                
Senator Elton agreed that his questions were answered.                                                                          
                                                                                                                                
Senator Thomas  MOVED to REPORT  CSHB 50(JUD)  from Committee                                                                   
with  individual  recommendations   and  accompanying  fiscal                                                                   
notes.  There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
CSHB   50(JUD)  was   REPORTED   from   Committee  with   "no                                                                   
recommendation"  and with  previously  published zero  fiscal                                                                   
note #1 by  the Department of Administration  and fiscal note                                                                   
#2 by the Department of Health and Social Services.                                                                             
                                                                                                                                
AT EASE:       3:48:49 PM                                                                                                     
                                                                                                                                
RECONVENED:    3:55:58 PM                                                                                                     
                                                                                                                                

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