04/10/2002 01:40 PM Senate JUD

         SB 295-LICENSING: DISCLOSURE OF MINORS' RECORDS                                                                    
                                                                                                                                
MR. DAVID  MITCHELL, staff  to Senator Pete  Kelly, sponsor  of SB
, made the following statement.                                                                                              
                                                                                                                                
     Both state and federal laws  currently require all child                                                                   
     and adult care licensing authorities  to review criminal                                                                   
     histories of  every individual aged  16 or older  who is                                                                   
     seeking either  a care license,  employment with  a care                                                                   
     provider, or residing in the  home with a care provider.                                                                   
     Criminal  history information  for persons  under 18  is                                                                   
     not  accessible   through  the   Alaska  Public   Safety                                                                   
     Information  Network   but  is  available   through  the                                                                   
     Division  of Juvenile  Justice. Due  to the language  in                                                                   
     the current  statute, the  division may release  certain                                                                   
     information  for specific  situations to  only a few  of                                                                   
     the licensing  agencies. The fact that an  applicant may                                                                   
     have a son  living in the home who is a  convicted child                                                                   
     molester  could  be  kept  from   the  licensing  agency                                                                   
     because  of limitations on  the division's authority  to                                                                   
     release  that  information.  This bill  would  give  the                                                                   
     Department   of  Health   and   Social  Services   clear                                                                   
     authority to provide all child  and adult care licensing                                                                   
     agencies  access to  appropriate licensing  information.                                                                   
     This  bill   will  help  facilitate  the   licensing  of                                                                   
     suitable  individuals,  as  well  as  help  ensure  that                                                                   
     quality of  care and safety  concerns are met  for every                                                                   
     client  receiving   services  in  a  care   facility  or                                                                   
     program.                                                                                                                   
                                                                                                                                
MR. MITCHELL offered to answer questions.                                                                                       
                                                                                                                                
There being no questions, CHAIRMAN  TAYLOR took further testimony.                                                              
                                                                                                                                
MR. ROBERT BUTTCANE,  Division of Juvenile Justice,  Department of                                                              
Health and Social  Services, stated support for SB  295 as it will                                                              
take care of  an omission in the division's statutes.  SB 295 will                                                              
allow the  division to work with  licensing agencies to  make sure                                                              
they have  access to  delinquency information  to ensure  they are                                                              
licensing  people who  will preserve  the safety  of people  being                                                              
cared for in elderly and child care facilities.                                                                                 
                                                                                                                                
MR. BUTTCANE  said the  recent spate  of laws  that passed  at the                                                              
federal and state  levels regarding licensing for  care facilities                                                              
mandate that licensing agencies have  access to records of persons                                                              
16    and   older.    Alaska's    current   delinquency    records                                                              
confidentiality statute  is written in such a way  that it doesn't                                                              
include all conditions that arise  in licensing situations. SB 295                                                              
will  provide  explicit  authority  to  the  division  to  provide                                                              
information for those purposes.                                                                                                 
                                                                                                                                
There being  no further  testimony or  questions, SENATOR  COWDERY                                                              
moved SB  295 from  committee with  its accompanying fiscal  notes                                                              
and individual recommendations.                                                                                                 
                                                                                                                                
CHAIRMAN  TAYLOR  announced  that without  objection,  the  motion                                                              
carried.