Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/12/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB122 | |
| SB124 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 122 | TELECONFERENCED | |
| += | SB 124 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 122-OCS CITIZEN REVIEW PANEL
1:33:13 PM
CHAIR COGHILL announced the consideration of SB 122. Speaking as
the sponsor, he stated that the bill transfers the Citizens
Review Panel from the Office of Children's Services (OCS) to the
Office of the Ombudsman.
RYNNIEVA MOSS, Staff, Senator Coghill, Alaska State Legislature,
Juneau, Alaska, introduced SB 122 on behalf of the sponsor. She
explained that federal law mandates that all states establish a
Citizens Review Panel to oversee the operation of child
protective services and make recommendations on ways to improve
the process. In 2005, the legislature solidified its support for
the Citizens Review Panel in statute and provided funding.
The bill proposes to transfer oversight of the Citizens Review
Panel from the Office of Children's Services (OCS), which
delivers child protective services, to the Office of the
Ombudsman. The role of the ombudsman is to ensure that state
government is serving Alaskans as efficiently, effectively, and
equitably as possible. They do this through case specific
investigations. The role of the Citizens Review Panel is to
ensure that the Office of Children's Services is serving
Alaska's families as efficiently, effectively and equitably as
possible. They do this through outreach, evaluation, and
advocacy. The mission of the Office of the Ombudsman aligns well
with that of the Citizens Review Panel (CRP) and will give CRP
the autonomy to more independently review the child protective
services that are provided by the Office of Children's Services.
The Ombudsman's Office accepts citizen complaints about
municipal, state, and federal agencies and personnel. The
ombudsman may investigate to determine if there is a problem and
may seek an appropriate remedy. The Citizens Review Panel
currently does not review individual cases but encourages the
grievance process and contacting the ombudsman.
MS. MOSS directed attention to a chart of the complaints lodged
with the ombudsman about the Office of Children's Services. In
2017, 250 complaints were filed and 136 were investigated. The
ombudsman does not investigate cases if a grievance has not been
filed or if the case is being litigated.
1:38:31 PM
MS. MOSS provided the following sectional analysis for SB 122.
She noted that the new language in .400 says that there
will be at least one panel member from each of the five OCS
administrative regions in the state.
Section 1.
AS 24.55.400. Establishes the Citizen Review Panel in
the legislative branch of state government under the
office of the ombudsman and instructs the panel to
emphasize public participation in the panel's work and
to bring all the stake holders on the panel.
The panel will meet at least every three months and it
will establish guidelines for its operation.
Gives the panel the authority to investigate
individual cases if it deems necessary.
She said she believes the ombudsman would do the individual
investigations.
AS 24.55.405. Requires the panel to reviews policies
and procedures of OCS on an annual basis and review
reports submitted annually to the federal government.
The panel is given statutory authority to recommend
and advocate for changes to the department's child
protection services.
It requires OCS to provide the CRP the following state
plans submitted to the federal government annually:
State plan for grants for child abuse or neglect
prevention and treatment programs. (42 U.S.C.
5106a(b)).
State plan for delivery of child welfare services
prepared jointly by the state and the Secretary
Health and Human Services. (42. U.S.C. 621 -
629m).
AS 24.55.410. Mandates that OCS SHALL consult with the
CRP and assist the panel in carrying out its duties,
including providing case-specific information to the
panel.
MS. MOSS said the duties of the department in .410 include
establishing procedures for sharing administrative and
case-specific information; coordinating outreach efforts
with communities with panel activities; and coordinating
activities of the panel with the taskforce on criminal
justice.
AS 24.55.415. Makes information delivered at a CRP
meeting confidential and the CRP must follow the Open
Meetings Act giving public notice and restricting the
CRP members from meeting privately.
AS 24.55.420. Provides for public outreach and public
comment.
AS 24.55.425. Provides for the CRP to prepare an
annual report to be available to the governor,
legislature and public. Requires OCS to submit a
written response to the report within six months of
its release. Requires the panel and the department to
prepare a joint report [evaluating the child
protective system] to the governor, legislature and
public every three years.
AS 24.55.430. Sets a penalty of up to $2,500 for each
violation of confidentiality a person is convicted.
AS 24.55.435. Provides immunity for panel members from
liability in panel actions.
AS 24.55.440. Definitions.
Department is the DHSS.
Panel is the Citizens Review Panel
MS. MOSS said the language in Section 2 is new and lists in
detail the confidential information that would be available
to the panel.
*Sec. 2. Gives the CRP access to confidential
documents regarding child protection cases.
*Sec. 3. Repeals the Alaska Statutes that put the CRP
under the jurisdiction of DHSS.
*Sec. 4. Requires DHSS to do a two-year review of
existing processes for reviewing and overseeing the
work of OCS and outline a plan to reduce duplication
and improved coordination amongst agencies involved in
child protection. The report will be delivered to the
senate secretary, house chief clerk, the governor and
the general public.
Sec. 5. Gives the office of the ombudsman regulatory
authority.
Sec. 6. Transition language that allows existing panel
members to serve out their term on the panel even
though it has been moved from the department.
The bill does not have an effective date. [Thus, it
would go into effect 90 days after it is signed by the
governor.]
1:45:05 PM
CHAIR COGHILL listed who was available to answer questions. He
clarified that the Office of Children's Services is under the
Department of Health and Social Services and the Office of the
Ombudsman resides in the legislative branch.
1:46:00 PM
SENATOR COSTELLO asked if she had discussed the scope of the
report called for in Section 4 with the department, and how it
was received.
MS. MOSS said the department is neutral on the bill. The
ombudsman will establish the scope of the report through
regulation and the policies of the Citizens Review Panel.
CHAIR COGHILL shared that OCS has never had time to establish
regulations for this report. "When you ask the Office of
Children's Services to do things, it's like asking somebody to
tie their shoes while they're running."
1:47:37 PM
SENATOR SHOWER referenced the duties of the department in
Section 1. He asked what she perceives "consult with the panel
periodically" to mean.
MS. MOSS said the two entities currently communicate monthly.
CHAIR COGHILL described it as an as-needed and as-required
basis.
1:49:24 PM
KATE BURKHART, Ombudsman, Office of the Ombudsman, Alaska State
Legislature, Juneau, Alaska, expressed appreciation for the
attention on the role of the Citizens Review Panel, which is
critical to the child protective services system. The Office of
the Ombudsman has frequent and ongoing contact with the people
engaged with that system. She said she is very familiar with the
idea of colocation of agencies with similar missions. Prior to
becoming ombudsman, she was the executive director of three co-
located planning councils for the Department of Health and
Social Services.
She said that for the model to work the missions and values of
the organizations must be aligned and there must be adequate
management and resources. She noted that her office provided
some comment to the sponsor about management. As drafted, the
bill places the Citizens Review Panel in the Office of the
Ombudsman for budgetary purposes only. She said she would be
working with Ms. Moss on that because that creates a
fiscal/agent relationship, which is not the level of management
that co-location anticipates.
MR. BURKHARDT said she believes that co-location of the two
organizations will help support the mission of the Citizens
Review Panel and augment the work of the Office of the
Ombudsman.
1:51:10 PM
CHAIR COGHILL stated he would hold SB 122 for future
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 124 - Letter of Support - Pro Life Alaska.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 124 |
| SB 124 - Letter of Support - Alaska Family Action.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 124 |
| SB 124 - Letters of Opposition #2.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 124 |
| SB 124 - Letters of Opposition.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 124 |
| SB 122 - CRP 2017-2018 Workplan.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |
| SB 122 - CRP-2017 Annual-Report.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |
| SB 122 - OCS Response to CRP 2017 Annual Report.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |
| SB 122 - Sectional Summary.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |
| SB 122 - Sponsor Statement.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |
| SB 122 - Version J.PDF |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |
| SB 122 - CRP-BIA Providers Conference Presentation.pdf |
SJUD 3/12/2018 1:30:00 PM |
SB 122 |