Legislature(2007 - 2008)BUTROVICH 205

04/05/2008 09:00 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 305 CAMPAIGN FUND RAISING DURING SESSIONS TELECONFERENCED
Heard & Held
+ HB 50 CHILD PLACEMENT COMPACT TELECONFERENCED
Moved CSHB 50(JUD) Out of Committee
+ HB 400 MITIGATING FACTOR: CARE FOR DRUG OVERDOSE TELECONFERENCED
Moved HB 400 Out of Committee
+ HJR 37 CONST AM: SEC. OF STATE REFERENCES TELECONFERENCED
Moved CSHJR 37(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 163 PROPERTY FORECLOSURES AND EXECUTIONS
Moved SCS CSHB 163(JUD) Out of Committee
= HB 268 MOTOR VEHICLE ARSON ON PUBLIC LAND
Moved HB 268 Out of Committee
= HB 359 PROBATION AND MINOR CONSUMING
Moved CSHB 359(FIN) Out of Committee
             CSHB 50(JUD) -CHILD PLACEMENT COMPACT                                                                          
                                                                                                                                
CHAIR FRENCH  announced the consideration  of HB 50.  [Before the                                                               
committee was CSHB 50(JUD).]                                                                                                    
                                                                                                                                
9:42:56 AM                                                                                                                    
RYNNIEVA MOSS,  Staff to Representative John  Coghill, sponsor of                                                               
HB 50, explained that the  sponsor became interested in the issue                                                               
of interstate child  placement after he learned  about the delays                                                               
in placing children with relatives  living outside the state. The                                                               
delays result in children being placed  in foster homes for up to                                                               
a  year.  The  existing  interstate  compact  for  the  placement                                                               
children (ICPC)  was created  in 1959, and  Alaska adopted  it in                                                               
1976.   This   40-year-old   statute   doesn't   reflect   modern                                                               
technology, doesn't have accountability, and doesn't work.                                                                      
                                                                                                                                
9:44:35 AM                                                                                                                    
MS. MOSS  relayed that  when the sponsor  read: "The  compact and                                                               
its rules shall supersede state  law, rules or regulations to the                                                               
extent of  any conflict therewith"  he decided to carry  the bill                                                               
through  to  ensure  that  changes  are  made  to  sustain  state                                                               
sovereignty.  As  currently  written  the  bill  eliminates  that                                                               
language.  It has  provisions  to place  a  child with  relatives                                                               
after  a  basic assessment  with  a  full  home study  to  follow                                                               
thereafter.                                                                                                                     
                                                                                                                                
MS.  MOSS   said  the   sponsor  feels   that  the   bill  places                                                               
accountability appropriately  and, contrary  to the  fiscal note,                                                               
believes that it  will save money. It takes the  state out of the                                                               
act of  supervising placement where is  shouldn't. "This language                                                               
has been worked on for  several years, Representative Coghill has                                                               
been supervising  his part for  a year, and  we feel the  way the                                                               
language is  now, it's a  good bill and  it's going to  mean that                                                               
children are being  placed with relatives and  friends versus the                                                               
homes of strangers," she said.                                                                                                  
                                                                                                                                
9:47:06 AM                                                                                                                    
MARSHA  PICKERING, Social  Services Program  Director, Office  of                                                               
Children's  Services, Department  of Health  and Social  Services                                                               
(DHSS),  said  she  is  the  deputy  compact  administrator.  She                                                               
explained  that  the  new compact  will  provide  uniformity  and                                                               
accountability to the  processes. The old ICPC does  not have any                                                               
accountability or enforcement of  reciprocity to ensure that each                                                               
state is not charged for  the services provided by another state.                                                               
Most importantly,  the new  compact will  ensure safe  and timely                                                               
placements  so that  home  studies  can be  done  within 60  days                                                               
instead of  up to a year.  She highlighted that the  new ICPC has                                                               
been  endorsed  by  the  executive  committees  of  the  National                                                               
Council  of State  Human Services,  the  National Association  of                                                               
Public Child Welfare Administrators,  the National Association of                                                               
Administrators  of ICPC,  and the  American  Academy of  Adoption                                                               
Attorneys.                                                                                                                      
                                                                                                                                
MS. PICKERING  continued to explain that  the executive committee                                                               
of the  administrators of the  ICPC negotiated with  the American                                                               
Academy of  Adoption Attorneys to  revise the flawed  first draft                                                               
of the  new compact. As  currently written the new  ICPC provides                                                               
for  administrative  rulemaking and  accountability,  supervision                                                               
services  and  accountability  as  well  as  the  opportunity  to                                                               
purchase home studies  from private agencies in the  event that a                                                               
state  is slow  in providing  the service.  It also  provides two                                                               
types of  placement evaluations,  one is the  home study  and the                                                               
second is an assessment. The  latter is an abbreviated version so                                                               
the  child gets  to grandma's  house  in less  time. An  advisory                                                               
committee made up of the  executive branch, judiciary branch, and                                                               
the legislative branch  will provide oversight and  advice to her                                                               
office and its equivalent in other states.                                                                                      
                                                                                                                                
9:52:24 AM                                                                                                                    
SENATOR THERRIAULT noted  that the fiscal note says  that even if                                                               
this  is placed  in statute  it won't  become effective  until 34                                                               
other states also adopt the compact.                                                                                            
                                                                                                                                
MS.  PICKERING said  that's  correct. She  expects  it will  take                                                               
about two years  to get 35 states signed on  and another year for                                                               
the  new  ICPC  to  develop   rules  and  regulations  for  doing                                                               
business.                                                                                                                       
                                                                                                                                
CHAIR FRENCH  observed that you have  to have a critical  mass of                                                               
participants in order to have a true interstate compact.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI asked how many  children this will impact in                                                               
the average year.                                                                                                               
                                                                                                                                
MS. PICKERING  replied that on  any given  day she has  about 380                                                               
open home study or placement  requests, but she doesn't have data                                                               
on the number of children her office affects during the year.                                                                   
                                                                                                                                
CHAIR FRENCH asked if one central group is behind this idea.                                                                    
                                                                                                                                
MS.   PICKERING  said   the   American   Public  Human   Services                                                               
Association  took  the  lead  and put  together  a  drafting  and                                                               
development  team comprised  of several  stakeholders, attorneys,                                                               
judges,  and  state  child-welfare directors.  Several  different                                                               
work-groups provided recommendations.                                                                                           
                                                                                                                                
CHAIR FRENCH asked if this  has been circulated within the Alaska                                                               
legal community, specifically  the family law section  of the bar                                                               
association.                                                                                                                    
                                                                                                                                
MS. PICKERING said she isn't sure.                                                                                              
                                                                                                                                
MS. MOSS said  she, too, isn't sure, but family  law and adoption                                                               
lawyers have been involved in amending the original bill.                                                                       
                                                                                                                                
9:55:28 AM                                                                                                                    
CHAIR  FRENCH  asked  how  much  variance  each  state  has  when                                                               
enacting the compact.                                                                                                           
                                                                                                                                
MS. PICKERING replied  the state can add statutes  to enforce the                                                               
way it  does business, but  each state has  to enact the  body of                                                               
the compact verbatim, otherwise it isn't a compact.                                                                             
                                                                                                                                
MS. MOSS added that some sections  of the bill dealing with court                                                               
rules to implement the other provisions are amendable.                                                                          
                                                                                                                                
SENATOR HUGGINS  asked the  cost of  a home  study versus  a home                                                               
assessment and the value of one compared to the other.                                                                          
                                                                                                                                
MS. PICKERING estimated that referring  a home study request to a                                                               
contractor costs  between $800  and $1,200.  Those take  from 4-6                                                               
months because the criminal background  fingerprint checks take a                                                               
long time. Under  the new compact, the child can  be placed while                                                               
awaiting the results  of the criminal fingerprint  check, if good                                                               
state background checks are available.                                                                                          
                                                                                                                                
SENATOR HUGGINS commented  that his life experience  says that 90                                                               
percent  on  time is  better  than  100  percent late,  and  this                                                               
appeals to  that sentiment and  it works. "You have  my support,"                                                               
he said.                                                                                                                        
                                                                                                                                
9:57:52 AM                                                                                                                    
SENATOR McGUIRE asked  if this draft was circulated  to the court                                                               
appointed special  advocates for  abused children and  the family                                                               
law bar.                                                                                                                        
                                                                                                                                
MS.  PICKERING  explained  that  the  Alaska  OCS  workgroup  had                                                               
representatives from  the American Academy of  Adoption Attorneys                                                               
and  several  other  areas  at  the table.  Each  member  of  the                                                               
workgroup was  urged bring recommendations and  concerns from the                                                               
group they represented. "So we can  hope that it made the rounds,                                                               
but I'm not exactly sure," she said.                                                                                            
                                                                                                                                
SENATOR   McGUIRE   asked  if   there   is   a  record   of   the                                                               
recommendations and concerns and were they incorporated or not.                                                                 
                                                                                                                                
MS.  MOSS replied  she doesn't  know  how many  responded to  the                                                               
inquiries that OCS  made, but she knows  that legislative offices                                                               
were contacted  and that's how  she came to attend  the meetings.                                                               
"I think  there was  plenty of  public notice  for participation,                                                               
but Marsha would probably have  any documents that involve public                                                               
comment," she added.                                                                                                            
                                                                                                                                
SENATOR  McGUIRE   asked  if  the  compact   makes  specific  and                                                               
substantive  changes to  Alaska  law. For  example, some  states,                                                               
like Alaska,  have chosen  to have open  adoptions and  some have                                                               
chosen to  have closed adoptions. In  the past she's looked  at a                                                               
hybrid  because a  lot  of  kids aren't  placed  because of  that                                                               
policy.                                                                                                                         
                                                                                                                                
MS. MOSS deferred to Ms. Rutherdale.                                                                                            
                                                                                                                                
JAN  RUTHERDALE,  Assistant  Attorney  General,  Civil  Division,                                                               
Child  Protective Section,  Department of  Law, said  the compact                                                               
makes no substantive changes to Alaska law.                                                                                     
                                                                                                                                
10:02:11 AM                                                                                                                   
CHAIR  FRENCH pointed  out that  the bill  next has  to pass  the                                                               
finance committee hurtle.  He added that he takes  some solace in                                                               
the  fact that  the compact  has to  be authorized  by 35  states                                                               
before  becoming law.  Finding no  one who  wanted to  testify on                                                               
behalf of HB 50, he closed public testimony.                                                                                    
                                                                                                                                
SENATOR McGUIRE  motioned to report  CSHB 50 and  attached fiscal                                                               
note(s) from committee with individual recommendations.                                                                         
                                                                                                                                
10:03:20 AM                                                                                                                   
CHAIR FRENCH  announced that without  objection, CSHB  50(JUD) is                                                               
moved from the Senate Judiciary Committee.                                                                                      
                                                                                                                                

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