Legislature(2005 - 2006)SENATE FINANCE 532

05/08/2005 01:00 PM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Call of the Chair --
HB 26 SHORT-TERM COM FISHING CREWMEMBER LICENSE
Moved CSHB 26(FIN) Out of Committee
+ HB 94 ELECTIONS/VOTERS/POLTICAL PARTIES TELECONFERENCED
Moved SCS CSHB 94(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 53 CHILDREN IN NEED OF AID/ADOPTION/GUARDIAN TELECONFERENCED
Moved SCS CSSSHB 53(FIN) Out of Committee
+= HB 98 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT TELECONFERENCED
Moved SCS CSHB 98(FIN) Out of Committee
+= HB 279 OUTDOOR ADVERTISING; ENCROACHMENTS TELECONFERENCED
Moved SCS CSHB 279(FIN) Out of Committee
+= HB 130 UNIVERSITY LAND GRANT/STATE FOREST TELECONFERENCED
Moved SCS CSHB 130(FIN) Out of Committee
                                                                                                                                
     SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(JUD)                                                                         
     "An Act relating to  child-in-need-of-aid proceedings; amending                                                            
     the construction of  statutes pertaining to children in need of                                                            
     aid;    relating   to    guardianships;    relating   to    the                                                            
     confidentiality   of  investigations,  court  hearings,   court                                                            
     records,  and public agency records  and information  in child-                                                            
     in-need-of-aid  matters and certain  child protection  matters,                                                            
     to immunity  regarding disclosure  of information in  child-in-                                                            
     need-of-aid  matters and certain  child protection matters,  to                                                            
     proceedings regarding  voluntary relinquishment and termination                                                            
     of  a  parent  and  child  relationship,   to  eligibility  for                                                            
     permanent  fund dividends for  certain children in the  custody                                                            
     of  the state,  and  to juvenile  delinquency  proceedings  and                                                            
     placements;  reestablishing and  relating to a state  citizens'                                                            
     review  panel; amending  the obligation  of a public agency  to                                                            
     disclose  agency information  pertaining to a child  in need of                                                            
     aid;  relating  to disclosure  of  confidential  or  privileged                                                            
     information   about   children  and   families  involved   with                                                            
     children's services  within the Department of Health and Social                                                            
     Services   to  officials   for  review   or  use  in   official                                                            
     capacities;  relating to reports  of harm and to adoptions  and                                                            
     foster  care;  relating   to  consent  for  the  medication  of                                                            
     children  in state custody;  prescribing  the rights of  family                                                            
     members   related   to   child-in-    need-of-aid   cases   and                                                            
     establishing   a familial  priority   for adoption;   modifying                                                            
     adoption and placement  procedures in certain child-in-need-of-                                                            
     aid cases;  relating to the admissibility into  evidence of the                                                            
     prior recorded  statement of a crime victim less  than 16 years                                                            
     of age; amending  Rules 9 and 13, Alaska Adoption  Rules, Rules                                                            
     3,  17.2, 18,  and 22,  Alaska Child  in Need  of Aid Rules  of                                                            
     Procedure, Rules 14  and 15, Alaska Rules of Probate Procedure,                                                            
     and Rule  801, Alaska Rules of  Evidence; and providing  for an                                                            
     effective date."                                                                                                           
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Green  reminded the Committee  that as several issues  were                                                            
raised during  the first hearing on this bill, some  amendments have                                                            
been  developed  through which  to  either  address concerns  or  to                                                            
clarify certain points of the legislation.                                                                                      
                                                                                                                                
Amendment #1:  This amendment deletes  Sec. 14(t) on page  ten lines                                                            
20 through 23. The language being deleted reads as follows.                                                                     
                                                                                                                                
     (t) The court  may not terminate parental rights  solely on the                                                            
     basis  that the parent did not  complete treatment required  of                                                            
     the parent  by the department for reunification  with the child                                                            
     if the  treatment required  was unavailable  to the parent  and                                                            
     the department did not provide the treatment.                                                                              
                                                                                                                                
Co-Chair Wilken moved Amendment #1.                                                                                             
                                                                                                                                
Co-Chair Green  explained that this amendment would  delete language                                                            
prohibiting  the termination  of parental rights  due to their  non-                                                            
completion of a specified treatment plan.                                                                                       
                                                                                                                                
REVINA  MOSS, Staff  to Representative  John  Coghill, stated  that,                                                            
while  the Department  of  Health  and Social  Services  would  have                                                            
strived  to insure  that  parents completed  their  treatment  plan,                                                            
there was  concern that the  inclusion of  this language would  have                                                            
provided parents "a piece  of ammunition" through which to delay the                                                            
process of getting treatment.                                                                                                   
                                                                                                                                
There being no objection, Amendment #1 was ADOPTED.                                                                             
                                                                                                                                
Amendment #2: This amendment  deletes the phrase ", the legislature,                                                            
or the governor"  following "the department" from  Sec. 23(b)(12) on                                                            
page seventeen,  lines six and seven. The revised  language reads as                                                            
follows.                                                                                                                        
                                                                                                                                
     (12) a review panel established by the department for the                                                                  
     purpose of reviewing the actions taken by the department in a                                                              
     specific case.                                                                                                             
                                                                                                                                
Co-Chair Wilken moved for the adoption of Amendment #2.                                                                         
                                                                                                                                
Co-Chair  Green stated that  this amendment  would delete the  words                                                            
"'department  and  legislature'  in  order to  comply  with  federal                                                            
requirements that  confidential information can only  be reviewed by                                                            
the Department and the State Review Panel".                                                                                     
                                                                                                                                
[NOTE:   Co-Chair  Green   inadvertently   stated  "department   and                                                            
legislature" rather  than the correct reference to  "the legislature                                                            
and the governor.]                                                                                                              
                                                                                                                                
Ms.  Moss  noted  that  the  federal  Child  Abuse   Prevention  and                                                            
Treatment Act  would require that  the confidentially of  records be                                                            
restricted  to  the department.  Therefore,   the inclusion  of  the                                                            
Legislature  or  the Governor  in  this regard  would  have  "placed                                                            
federal dollars at risk".                                                                                                       
                                                                                                                                
Senator  Hoffman   asked  for  confirmation  that   the  words  "the                                                            
legislature or the governor" would be deleted by the amendment.                                                                 
                                                                                                                                
Co-Chair  Green affirmed.  The amendment language  was correct;  she                                                            
had misspoken.  She also noted that in order to further  clarify the                                                            
issue, the  amendment is  accompanied by  a memorandum, dated  April                                                            
11, 2005 from  Jean Mischel, Legislative Counsel,  Division of Legal                                                            
and Research Services, and addressed to Representative Coghill.                                                                 
                                                                                                                                
There being no objection, Amendment #2 was ADOPTED.                                                                             
                                                                                                                                
7:04:22 PM                                                                                                                    
                                                                                                                                
Amendment #3:  This amendment deletes the words "foster  parent" and                                                            
inserts the  words "out-of-home care  provider" following  the words                                                            
"Grandparent or" in Sec. 51(c) on page 26, line ten.                                                                            
                                                                                                                                
In addition,  the  amendment  deletes the  words  "foster parent  or                                                            
other" following "and the" in Sec.51(c) on page 26, line 11.                                                                    
                                                                                                                                
Co-Chair Wilken moved Amendment #3.                                                                                             
                                                                                                                                
Co-Chair Green stated that  replacing the words "foster parent" with                                                            
"out-of-home care provider"  would make the language consistent with                                                            
the Statutory change specified  in Sec. 10 page six, line 18 through                                                            
page seven line 24 regarding  the sideboards for closing hearings to                                                            
the public.                                                                                                                     
                                                                                                                                
Ms. Moss furthered  that this amendment  would be required  to align                                                            
Sec.  10 language  with revisions  in the  bill  that expand  rights                                                            
previously provided  to foster parents to include  other out of home                                                            
care providers such as adult family members and family friends.                                                                 
                                                                                                                                
Co-Chair Green qualified  therefore that the proposed language would                                                            
more clearly define who would be involved.                                                                                      
                                                                                                                                
Without objection, Amendment #3 was ADOPTED.                                                                                    
                                                                                                                                
Amendment #4:  This amendment deletes the words "in  the proceeding"                                                            
following "further hearings" in Sec. 52(f)(5) page 27 line 28.                                                                  
                                                                                                                                
Co-Chair Wilken moved the amendment.                                                                                            
                                                                                                                                
Co-Chair Green stated that  the purpose of this conforming amendment                                                            
would be  to clarify that  any person banned  from one CINA  hearing                                                            
could be banned from all such hearings.                                                                                         
                                                                                                                                
Ms.  Moss  affirmed  that the  amendment  would  make  the  language                                                            
consistent with language in Sec. 10.                                                                                            
                                                                                                                                
There being no objection, Amendment #4 was ADOPTED.                                                                             
                                                                                                                                
7:05:55 PM                                                                                                                    
                                                                                                                                
Amendment  #5: This  amendment deletes  all language  in Sec.  59 on                                                            
page 31 lines  four through 24. The language being  deleted reads as                                                            
follows.                                                                                                                        
                                                                                                                                
     Sec. 59. The uncodified law of the State of Alaska is amended                                                              
     by adding a new section to read:                                                                                           
          DIRECT COURT RULE AMENDMENT. Rule 801(d), Alaska Rules of                                                             
      Evidence, is amended by adding a new paragraph to read:                                                                   
                (3) Recorded Statement by Child Victims of Crime.                                                               
     The statement is a recorded statement by the victim of a crime                                                             
     who is less than 16 years of age and                                                                                       
                     (A) the recording was made before the                                                                      
     proceeding;                                                                                                                
                     (B) the victim is available for cross-                                                                     
     examination;                                                                                                               
                     (C)   the   prosecutor    and   any    attorney                                                            
     representing the defendant  were not present when the statement                                                            
     was taken;                                                                                                                 
                     (D) the recording is on videotape or other                                                                 
     format  that records  both the visual  and aural components  of                                                            
     the statement;                                                                                                             
                     (E) each person who participated in the taking                                                             
     of the statement is identified on the recording;                                                                           
                     (F) the taking of the statement as a whole was                                                             
     conducted  in a manner that would avoid undue  influence of the                                                            
     victim;                                                                                                                    
                     (G) the defense has been provided a reasonable                                                             
     opportunity  to view the recording  before the proceeding;  and                                                            
                     (H) the court has had an opportunity to view                                                               
     the recording  and determine  that it is sufficiently  reliable                                                            
     and  trustworthy and  that the  interests of  justice are  best                                                            
     served by admitting the recording into evidence.                                                                           
                                                                                                                                
Co-Chair Wilken moved Amendment #5.                                                                                             
                                                                                                                                
Co-Chair  Green stated  that this  amendment  would remove  language                                                            
adopted  by the Senate  Judiciary  Committee, as  "that language  is                                                            
standard for  a criminal trial not  a civil trial". Removal  of this                                                            
language would maintain the order of civil trail proceedings.                                                                   
                                                                                                                                
7:06:31 PM                                                                                                                    
                                                                                                                                
Senator  Hoffman asked  the reasons  for  the action  of the  Senate                                                            
Judiciary Committee.                                                                                                            
                                                                                                                                
Ms.  Moss  responded  that  the  intent  of  the  Committee  was  to                                                            
incorporate  language from  another  bill into  this bill.  However,                                                            
this bill relates to civil rather than criminal law.                                                                            
                                                                                                                                
Co-Chair  Green stated that  the [unspecified]  bill from which  the                                                            
language  was  fashioned  related  to  criminal  rather  than  civil                                                            
statutes.                                                                                                                       
                                                                                                                                
Senator Hoffman acknowledged.                                                                                                   
                                                                                                                                
Without objection, Amendment #5 was ADOPTED.                                                                                    
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being  no objection,  SCS CS SS HB  53(FIN) was REPORTED  from                                                            
Committee  with $82,700 fiscal  note #12 dated  April 27, 2005  from                                                            
the Public Defender  Agency, Department of Administration;  $161,300                                                            
fiscal  note #13  dated April  27, 2005  from the  Office of  Public                                                            
Advocacy,  Department  of Administration;  $94,900  fiscal note  #14                                                            
dated April 27,  2005 from the Alaska Court System;  $142,700 fiscal                                                            
note  #15  dated  April 26,  2005  from  the  Office  of  Children's                                                            
Services, Department of  Health and Social Services; $106,200 fiscal                                                            
note #16  dated April 27,  2005 from the  Front Line Social  Workers                                                            
component, Office  of Children's Services, Department  of Health and                                                            
Social Services;  and $586,400 fiscal note #17 dated  April 27, 2005                                                            
from the Department of Law.                                                                                                     
                                                                                                                                
AT EASE 7:07:41 PM / 7:12:09 PM                                                                                             
                                                                                                                                

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