Legislature(2011 - 2012)BUTROVICH 205

03/14/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 21 SUICIDE PREVENTION COUNCIL MEMBERS TELECONFERENCED
Moved CSHB 21(FIN) Out of Committee
*+ SCR 1 LUPUS AWARENESS MONTH TELECONFERENCED
Moved CSSCR 1(STA) Out of Committee
*+ SB 82 FOSTER CARE LICENSING/STATE CUSTODY TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
           SB  82-FOSTER CARE LICENSING/STATE CUSTODY                                                                       
                                                                                                                                
1:56:52 PM                                                                                                                    
CHAIR DAVIS announced  the next order of business would  be SB 82.                                                              
[SSSB 82  was before  the committee.]  She asked  for a  motion to                                                              
adopt the proposed committee substitute (CS).                                                                                   
                                                                                                                                
SENATOR EGAN moved  to adopt the proposed CS for  SSSB 82, labeled                                                              
27-LS0500/I, as the working document.                                                                                           
                                                                                                                                
CHAIR DAVIS objected for discussion purposes.                                                                                   
                                                                                                                                
CELESTE HODGE,  staff to  Senator Bettye  Davis, introduced  SB 82                                                              
for  Senator  Davis,  the  sponsor. This  bill  seeks  to  achieve                                                              
permanency for older  children in foster care by  making small but                                                              
very  significant  changes that  better  prioritize  the needs  of                                                              
foster  children.  Permanency  for  children  in  the  custody  of                                                              
Office  of Children's  Services  (OCS)  is best  achieved  through                                                              
reunification  with the  child's  parent, or  failing that  option                                                              
through adoption  or guardianship. If these three  options are not                                                              
available,  an alternate  form of  permanency  is through  another                                                              
planned permanent  living arrangement (APPLA). This  bill seeks to                                                              
insure the  APPLA option is  not used unnecessarily,  by providing                                                              
guidelines  for OCS  and  the court  as to  when  APPLA should  be                                                              
used.                                                                                                                           
                                                                                                                                
Although OCS  attempts to keep  siblings together when  they enter                                                              
foster  care,  this  bill creates  a  statutory  presumption  that                                                              
siblings be  placed in the  same home when  possible; when  such a                                                              
placement is  not possible,  the bill  requires an OCS  supervisor                                                              
to  document in  the  file the  efforts made  and  the reason  for                                                              
separation.                                                                                                                     
                                                                                                                                
SB 82  also requires  extra steps  before releasing  a child  from                                                              
custody. The child  must be given ample notice, and  OCS must show                                                              
that release from custody is in the child's best interest.                                                                      
                                                                                                                                
The bill  also allows a  variance to be  granted for  licensing of                                                              
foster  homes.  If  a  potential   foster  home  cannot  meet  the                                                              
building  code requirements  to be  a licensed  foster home,  this                                                              
bill allows  a variance to  be granted  if the home  is consistent                                                              
with the  construction  of other  homes in the  community,  and is                                                              
otherwise a safe environment for the child.                                                                                     
                                                                                                                                
SB  82  requires   that  paperwork  mandated  for   foster  parent                                                              
licensing be streamlined as much as possible.                                                                                   
                                                                                                                                
2:00:19 PM                                                                                                                    
SENATOR  MEYER asked  for an  explanation of  the changes  between                                                              
the different versions.                                                                                                         
                                                                                                                                
CHAIR DAVIS  responded her  office asked for  a new CS  but didn't                                                              
receive it  until about one  hour ago.  The Department of  Law had                                                              
some  concerns  with the  prior  version,  but has  approved  this                                                              
version.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  LES GARA, sponsor  of HB 33,  a companion  bill in                                                              
the House,  said he  would explain the  changes from  the original                                                              
bill. He  wanted to  make sure  that if  there was an  appropriate                                                              
rural placement  in the  child's home  community, the  child would                                                              
be allowed to stay  there. If it is the most  preferable placement                                                              
and is otherwise  safe, this bill  clarifies that OCS can  a grant                                                              
a variance from  its building code rules for foster  homes, to the                                                              
extent allowed by federal law.                                                                                                  
                                                                                                                                
There is  also a  technical change  to make  sure the guardian  ad                                                              
litem and the  child know that foster  care is about to  end; this                                                              
requires  30 days'  notice before  a court  hearing ending  foster                                                              
care.                                                                                                                           
                                                                                                                                
2:04:52 PM                                                                                                                    
SENATOR MEYER asked about the reading program.                                                                                  
                                                                                                                                
REPRESENTATIVE  GARA responded  a provision  in the original  bill                                                              
required OCS to  accept volunteer free books  from the Imagination                                                              
Library. OCS  is making progress on  this issue, so they  took out                                                              
the provision requiring it.                                                                                                     
                                                                                                                                
SENATOR DYSON said  he appreciates the bill, and asked  if most of                                                              
the changes are things that OCS has been trying to do.                                                                          
                                                                                                                                
REPRESENTATIVE  GARA replied  that was  correct. Sometimes  policy                                                              
doesn't  make it  down  to the  social  workers,  or the  director                                                              
changes  and  policy   changes.  That  is  why   they  want  these                                                              
provisions in statute.                                                                                                          
                                                                                                                                
SENATOR  DYSON  asked  is  the general  policy  reflected  in  OCS                                                              
regulations and manuals.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GARA responded a  lot of policies  are not  in the                                                              
written guidelines.  For example, under APPLA there  is no attempt                                                              
to find  the child  a permanent  home. The  OCS director  recently                                                              
said the division  has been using APPLA too much.  They are trying                                                              
to get social workers to use it less frequently.                                                                                
                                                                                                                                
SENATOR MEYER asked if the bill substitutes "child" for "minor."                                                                
                                                                                                                                
REPRESENTATIVE  GARA answered  last  year  legislation was  passed                                                              
allowing  foster  care to  be  extended to  age  21  from age  20.                                                              
Legislative  Legal Services  said that  bill should  have used  21                                                              
instead  of 20 in  places, and  changed from  "minor" to  "child."                                                              
These are technical changes.                                                                                                    
                                                                                                                                
SENATOR MEYER asked if a person is still a minor at age 21.                                                                     
                                                                                                                                
REPRESENTATIVE  GARA   replied  that  mistake  should   have  been                                                              
caught. At 19 a  person is no longer a minor,  and now that foster                                                              
care can be  extended to age 21,  that person is not  a minor, but                                                              
does fit within the definition of a child.                                                                                      
                                                                                                                                
2:10:50 PM                                                                                                                    
AMANDA  METIVIE,  Statewide  Coordinator,  Facing Foster  Care  in                                                              
Alaska,  testified  in support  of  SB  82.  She said  that  APPLA                                                              
allows young  people to age out  of foster care; a youth  could be                                                              
in state  custody at 16  or 17 and living  in a shelter,  not even                                                              
necessarily  in a foster  home. Many  of them  end up  homeless or                                                              
incarcerated, and  many are on public assistance.  Youth aging out                                                              
of  the system  need  more help  than  they have  been  receiving.                                                              
People are being  released from custody at age  18 without notice.                                                              
Also,  the  sibling  provision  would  allow  siblings  to  remain                                                              
together.                                                                                                                       
                                                                                                                                
TRACY  SPARTZCAMBELL,   Deputy  Director,  Office   of  Children's                                                              
Services (OCS),  Department of Health and Social  Services (DHSS),                                                              
said  they  have  worked with  Representative  Gara  on  technical                                                              
changes to the bill and have no issues with the CS changes.                                                                     
                                                                                                                                
JAN  RUTHERDALE,  Assistant  Attorney  General,  Child  Protection                                                              
Section,  Department of  Law,  said there  are  no legal  problems                                                              
with the bill.                                                                                                                  
                                                                                                                                
CHAIR  DAVIS said  the  committee  would bring  the  bill back  on                                                              
Wednesday in order to allow more time for review.                                                                               
                                                                                                                                
2:14:23 PM                                                                                                                    
SENATOR  DYSON  said  he  is  assuming   the  bill  addresses  OCS                                                              
intentions and current policy.                                                                                                  
                                                                                                                                
MS. SPARTZCAMBELL answered yes.                                                                                                 
                                                                                                                                
SENATOR DYSON asked  if the changes were contained  in regulations                                                              
and manuals.                                                                                                                    
                                                                                                                                
MS. SPARTZCAMBELL  said they  are outlined in  the OCS  policy and                                                              
procedure manual.                                                                                                               
                                                                                                                                
2:15:09 PM                                                                                                                    
SENATOR  DYSON said  he always  worries  that a  law might  narrow                                                              
things down too much, but he doesn't see that in this bill.                                                                     
                                                                                                                                
MS. RUTHERDALE  said as  a practical  matter the notice  provision                                                              
could be  shortened; the court can  weigh evidence if  everyone is                                                              
in  agreement. It  is  difficult to  craft  legislation for  every                                                              
possible variance,  but the  intent is to  give the  child notice.                                                              
The bill  also makes clear that  APPLA deals with  older children.                                                              
One possible change  would be to say APPLA may  be considered only                                                              
for a child age 16 or older.                                                                                                    
                                                                                                                                
2:17:40 PM                                                                                                                    
SENATOR  DYSON  said he  would  recommend  a change  allowing  the                                                              
flexibility to give  less than 60 days' notice, in  the case where                                                              
a child  wants to be  released from custody,  and asked  if foster                                                              
parents are included in the notice.                                                                                             
                                                                                                                                
MS. RUTHERDALE  replied they  are already  required by  statute to                                                              
be  notified. She  also noted  DOL  decided "child"  was a  better                                                              
word than "minor."  A child can be  in the system past  age 18 and                                                              
they are not a  minor, but still a child. To  remain in the system                                                              
after age 19 they must consent.                                                                                                 
                                                                                                                                
2:20:17 PM                                                                                                                    
CHAIR DAVIS held SB 82 in committee.                                                                                            

Document Name Date/Time Subjects
HB21 CS 27-LS0154D.pdf SHSS 3/14/2011 1:30:00 PM
HB 21
HB21__Sponsor_Statement.pdf SHSS 3/14/2011 1:30:00 PM
HB 21
SCR1 Bill.pdf SHSS 3/14/2011 1:30:00 PM
SCR1 Committee Substitute.pdf SHSS 3/14/2011 1:30:00 PM
SCR1 Sponsor Statement.pdf SHSS 3/14/2011 1:30:00 PM
HB21 Fiscal Note.pdf SHSS 3/14/2011 1:30:00 PM
HB 21
SB82 Fiscal Note.pdf SHSS 3/14/2011 1:30:00 PM
SB 82