Legislature(1999 - 2000)

04/15/1999 03:08 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE HEALTH, EDUCATION AND SOCIAL                                                                                     
            SERVICES STANDING COMMITTEE                                                                                         
                   April 15, 1999                                                                                               
                     3:08 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Co-Chair                                                                                             
Representative John Coghill, Co-Chair                                                                                           
Representative Jim Whitaker                                                                                                     
Representative Joe Green                                                                                                        
Representative Carl Morgan                                                                                                      
Representative Tom Brice                                                                                                        
Representative Allen Kemplen                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
* HOUSE BILL NO. 177                                                                                                            
"An Act relating to foster parents; relating to the right of foster                                                             
parents to have notice of, and testify at, delinquency hearings and                                                             
to the disclosure of minors' records to foster parents; and                                                                     
amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency                                                                 
Rules."                                                                                                                         
                                                                                                                                
     - MOVED CSHB 177(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
* HOUSE JOINT RESOLUTION NO. 36                                                                                                 
Relating to rejecting the conclusions in a recent article published                                                             
by the American Psychological Association that suggests that sexual                                                             
relationships between adults and children might be positive for                                                                 
children; and urging the President of the United States and the                                                                 
United States Congress to similarly reject these conclusions.                                                                   
                                                                                                                                
     - MOVED CSHJR 36(HES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 70                                                                                                               
"An Act relating to questionnaires or surveys administered in                                                                   
public schools."                                                                                                                
                                                                                                                                
     - MOVED CSHB 70(HES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 177                                                                                                                    
SHORT TITLE: FOSTER CARE & DELINQUENT MINORS                                                                                    
SPONSOR(S): REPRESENTATIVES(S) DYSON                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/07/99       670     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/07/99       670     (H)  HES, JUD                                                                                            
 4/15/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HJR 36                                                                                                                    
SHORT TITLE: AMERICAN PSYCHOLOGICAL ASSOCIATION REPORT                                                                          
SPONSOR(S): REPRESENTATIVES(S) DYSON, Ogan                                                                                      
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/07/99       670     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/07/99       670     (H)  HES                                                                                                 
 4/15/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: HB  70                                                                                                                    
SHORT TITLE: PUBLIC SCHOOL SURVEYS                                                                                              
SPONSOR(S): REPRESENTATIVES(S) DYSON                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/25/99        81     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/25/99        81     (H)  HES                                                                                                 
 4/06/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 4/06/99               (H)  HEARD AND HELD                                                                                      
 4/06/99               (H)  MINUTE(HES)                                                                                         
 4/06/99               (H)  MINUTE(HES)                                                                                         
 4/15/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
LISA TORKELSON, Legislative Assistant                                                                                           
   to Representative Fred Dyson                                                                                                 
Alaska State Legislature                                                                                                        
Capitol Building, Room 104                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-6881                                                                                                      
POSITION STATEMENT:  Presented sponsor statement for HB 177.                                                                    
                                                                                                                                
ROBERT BUTTCANE, Juvenile Probation Officer                                                                                     
Youth Corrections                                                                                                               
Division of Family and Youth Services                                                                                           
Department of Health and Social Services                                                                                        
P.O. Box 110630                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3228                                                                                                      
POSITION STATEMENT:  Testified in support of HB 177.                                                                            
                                                                                                                                
RHEA FARBERMAN, Associate Executive Director                                                                                    
Public Communications Office                                                                                                    
American Psychological Association                                                                                              
750 First Street, NE                                                                                                            
Washington, DC  20002                                                                                                           
Telephone:  (202) 336-5700                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 36.                                                                            
                                                                                                                                
DEBRA GERRISH                                                                                                                   
9202 Emily Way                                                                                                                  
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 789-3236                                                                                                      
POSITION STATEMENT:  Testified in support of HJR 36.                                                                            
                                                                                                                                
MARY ROZENZWEIG, Executive Director                                                                                             
Substance Abuse Directors Association                                                                                           
4111 Minnesota Drive                                                                                                            
Anchorage, Alaska  99503                                                                                                        
Telephone:  (907) 770-2927                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
ANDREE McLEOD                                                                                                                   
3721 Young Street                                                                                                               
Anchorage, Alaska  99508                                                                                                        
Telephone:  (907) 561-8595                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
DEE HUBBARD                                                                                                                     
4251 Pinnacle Circle                                                                                                            
Anchorage, Alaska  99504                                                                                                        
Telephone:  (907) 337-6370                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
DIANE ETTER                                                                                                                     
1550 Crescent Drive                                                                                                             
Anchorage, Alaska  99508                                                                                                        
Telephone:  (907) 562-4822                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
BETH SHOBER, Health Specialist                                                                                                  
Teaching and Learning Support                                                                                                   
Department of Education                                                                                                         
801 West 10th Street, Suite 200                                                                                                 
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2887                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
DOUGLAS GARDNER, Assistant Attorney General                                                                                     
Oil, Gas and Mining Section                                                                                                     
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-3600                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-37, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL called the House Health, Education and Social                                                               
Services Standing Committee meeting to order at 3:08 p.m.  Members                                                              
present at the call to order were Representatives Dyson, Coghill,                                                               
Brice and Kemplen.  Representative Morgan joined the meeting at                                                                 
3:15 p.m., and Representatives Whitaker and Green joined the                                                                    
meeting at 3:41 p.m.                                                                                                            
                                                                                                                                
HB 177 - FOSTER CARE & DELINQUENT MINORS                                                                                        
                                                                                                                                
Number 0094                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL announced the first order of business as House                                                              
Bill No. 177, "An Act relating to foster parents; relating to the                                                               
right of foster parents to have notice of, and testify at,                                                                      
delinquency hearings and to the disclosure of minors' records to                                                                
foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25,                                                                
Alaska Delinquency Rules."                                                                                                      
                                                                                                                                
Number 0128                                                                                                                     
                                                                                                                                
LISA TORKELSON, Legislative Assistant to Representative Fred Dyson,                                                             
presented the sponsor statement for HB 177.  Last year they                                                                     
introduced HB 456 which gave foster parents the right to have                                                                   
notice of and testify at child-in-need-of-aid (CINA) and                                                                        
delinquency hearings and to have information disclosed to them                                                                  
about their particular foster child.  They were able to put the                                                                 
half that dealt with CINA cases into the governor's child                                                                       
protection bill last year and it passed.  Because it was a 64-page                                                              
bill it was limited to CINA, and the delinquency half didn't get                                                                
put in. This bill brings it up to speed with the CINA half.  She                                                                
offered a committee substitute which clarifies that the department,                                                             
rather than the court, would give notice of the hearing, and a                                                                  
foster parent would have information relevant to the foster child;                                                              
not necessarily all information.                                                                                                
                                                                                                                                
Number 0284                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON made a motion to adopt the proposed committee                                                                 
substitute (CS) for HB 177, version 1-LSO760\D, Luckhaupt, 4/13/99,                                                             
as a work draft.  There being no objection, Version D was before                                                                
the committee.                                                                                                                  
                                                                                                                                
Number 0368                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections,                                                                 
Division of Family and Youth Services (DFYS), Department of Health                                                              
and Social Services (DHSS), came forward to testify in support of                                                               
HB 177.  The provisions contained in the proposed committee                                                                     
substitute are appropriate in that they are now in effect in the                                                                
child-in-need-of-aid proceedings.  It is proper public policy that                                                              
they bring parity to the foster parent privileges and rights in the                                                             
delinquency statute.                                                                                                            
                                                                                                                                
REPRESENTATIVE BRICE made a motion to move CSHB 177, version                                                                    
1-LSO760\D, Luckhaupt, 4/13/99, from committee with individual                                                                  
recommendations and the attached zero fiscal note.  There being no                                                              
objection, CSHB 177(HES) moved from the House Health, Education and                                                             
Social Services Standing Committee.                                                                                             
                                                                                                                                
HJR 36 - AMERICAN PSYCHOLOGICAL ASSOCIATION REPORT                                                                              
                                                                                                                                
Number 0473                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL announced the next order of business as House                                                               
Joint Resolution No. 36, Relating to rejecting the conclusions in                                                               
a recent article published by the American Psychological                                                                        
Association that suggests that sexual relationships between adults                                                              
and children might be positive for children; and urging the                                                                     
President of the United States and the United States Congress to                                                                
similarly reject these conclusions.                                                                                             
                                                                                                                                
Number 0503                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON, sponsor, commented that it is sad that they even                                                             
have to deal with this issue.  The American Psychological                                                                       
Association has published many scholarly papers over the years on                                                               
subjects dealing with human behavior.  By their admission, they                                                                 
have published 40 or 50 that detail and document the negative                                                                   
affects of child sexual abuse.  Last year they published a paper,                                                               
"A Meta-Analytic Examination of Assumed Properties of Child Sexual                                                              
Abuse Using College Samples" that was interesting and in startling                                                              
contrast to the results and conclusions of other investigators.  It                                                             
was a literature search of self-reporting college students.  In                                                                 
their conclusion, they suggested that child sexual abuse may not                                                                
necessarily be as harmful as assumed before.  They suggested that                                                               
people dealing in this field, including policymakers, may want to                                                               
adopt less-pejorative terms in describing the activity.  They even                                                              
suggested that some or many of the people interviewed had a                                                                     
positive result from their sexual contact with older people.                                                                    
Alaska has taken a strong position that adult sexual contact with                                                               
children is a felony.  Last year's bill made it clearer that the                                                                
persistence of that activity is a major factor in authorizing the                                                               
DFYS to remove children from their home, and if it continues,                                                                   
parental rights can be terminated.                                                                                              
                                                                                                                                
CO-CHAIRMAN DYSON is concerned that unchallenged, this information                                                              
will go on to be used to intimidate or influence those with a                                                                   
strong stand on protecting children from being sexually exploited.                                                              
He was careful not to question their findings; he questioned their                                                              
methodology, but agreed their findings were logical given their                                                                 
methodology.  In their packets is information from another                                                                      
researcher who highlighted some of the problems in the methodology.                                                             
He believes it is an unwarranted leap to go from generalizing about                                                             
a self-reporting, young college group to the general population. He                                                             
believes that many of the dysfunctions from child sexual abuse                                                                  
don't show up until later on in life, often in a marriage or close                                                              
relationship.                                                                                                                   
                                                                                                                                
CO-CHAIRMAN DYSON added that since this article was published, the                                                              
APA has been particularly active in saying that they never endorsed                                                             
the conclusions of this article.  Most of the other articles that                                                               
they have published in the field have shown that child sexual abuse                                                             
is harmful.  The APA was the vehicle of publishing it; they believe                                                             
it is helpful information to be added to the body of knowledge and                                                              
he doesn't quarrel with that.  There are a couple of nationally                                                                 
active groups who encourage adult-child relationships who claim                                                                 
this as a great backup for their perspective;  that it is good for                                                              
adults to be involved with children sexually.                                                                                   
                                                                                                                                
Number 0906                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE wanted to be sure they were not talking about                                                              
someone 18 years old dating someone 16 or 17 and asked for a                                                                    
clearer definition of age ranges.                                                                                               
                                                                                                                                
Number 0944                                                                                                                     
                                                                                                                                
LISA TORKELSON replied that on page 46 of the study in their                                                                    
packets, it distinguishes between "adult-adolescent sex" and                                                                    
"adult-child sex," but she doesn't know where this study makes the                                                              
age distinctions.                                                                                                               
                                                                                                                                
Number 1114                                                                                                                     
                                                                                                                                
RHEA FARBERMAN, Associate Executive Director, Public Communications                                                             
Office, American Psychological Association, testified via                                                                       
teleconference from Puerto Rico.  She thanked the committee for the                                                             
opportunity to clarify the APA's position on child sexual abuse.                                                                
The APA agrees with the resolution.  She read from a prepared                                                                   
statement:                                                                                                                      
                                                                                                                                
     The American Psychological Association (APA), through its                                                                  
     members, sponsored initiatives and publishing, has a long                                                                  
     record in the area of the prevention and treatment of                                                                      
     child abuse and neglect including sexual abuse.  In the                                                                    
     national legislative arena, APA has played an active role                                                                  
     in advocating for programs expanding child abuse                                                                           
     prevention, treatment and research.  And, through its                                                                      
     Coordinating Committee on Child Abuse and Neglect, APA                                                                     
     has been a leader in helping the mental health profession                                                                  
     document and treat the ill effects of child abuse.                                                                         
                                                                                                                                
     In 1990, the APA council of Representatives, which is our                                                                  
     governing body, passed a resolution calling for a                                                                          
     national strategy to prevent and treat child abuse and                                                                     
     neglect and called such action a matter of the highest                                                                     
     urgency. APA's position is, therefore, very clear I                                                                        
     think:  The sexual abuse of children in wrong and harmful                                                                  
     to children and the families.  As a publisher of                                                                           
     psychological research, APA publishes thousands of                                                                         
     research reports every year.  But, publication of a                                                                        
     finding of a research project within an APA journal is in                                                                  
     no way an endorsement of that finding by the Association.                                                                  
                                                                                                                                
MS. FARBERMAN stated anyone who suggests that APA is anything but                                                               
vehemently opposed to child sexual abuse is either ignorant of the                                                              
work that the Association and its members have done in the area, or                                                             
is not with the majority of the psychological research on the                                                                   
issue, or is attempting to distort APA's position.  The APA                                                                     
applauds the committee's call for further research into the affects                                                             
of child sexual abuse and for treatment for families and children                                                               
to recover from it.  She went on to read:                                                                                       
                                                                                                                                
     No responsible mental health organization, including the                                                                   
     American Psychological Association, endorses pedophilia                                                                    
     or denies its negative effect on children.  Any statement                                                                  
     that suggests otherwise is just a distortion.  The                                                                         
     American Psychiatric Association, which publishes the                                                                      
     DSM-IV [Diagnostic and Statistical Manual of Mental                                                                        
     Disorders, Fourth Edition] writes:  "An adult who engages                                                                  
     in sexual activity with a child is performing a criminal                                                                   
     and immoral act which never can be considered normal or                                                                    
     socially acceptable behavior."  This statement is fully                                                                    
     consistent with the policies of the American                                                                               
     Psychological Association and with the views of mental                                                                     
     health professionals all over the world.                                                                                   
                                                                                                                                
MS. FARBERMAN suggested they add language to the proposed                                                                       
resolution which adopts some of the language the APA has put out in                                                             
their statement which clarifies APA's position.  They think it is                                                               
important for the public to know that the mental health community                                                               
says loud and clear that pedophilia is wrong and that child sexual                                                              
abuse is harmful.                                                                                                               
                                                                                                                                
Number 1297                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked Ms. Farberman if the APA regularly has a                                                                
disclaimer in their publications.                                                                                               
                                                                                                                                
MS. FARBERMAN explained that a disclaimer appears on the inside                                                                 
front cover of the journal, and it states that APA in no way                                                                    
endorses the research findings of any particular study.                                                                         
                                                                                                                                
Number 1327                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if the papers APA receives are subjected to                                                             
peer review in the selection process for publication.                                                                           
                                                                                                                                
MS. FARBERMAN answered yes, all of their articles go through a peer                                                             
review process before they are published.                                                                                       
                                                                                                                                
REPRESENTATIVE KEMPLEN asked at what age does childhood end.                                                                    
                                                                                                                                
MS. FARBERMAN answered that one of the complications depends on                                                                 
what study is looked at in interpreting the literature.  The legal                                                              
definition is 18.  Different studies have looked at different                                                                   
developmental phases.  One of the research questions that the                                                                   
authors may have wanted to look at is, "is sexual abuse more                                                                    
harmful to younger children than older children."  That might be a                                                              
legitimate research question.  Regardless of the answer to that                                                                 
question, it is still wrong and is still harmful to children.                                                                   
                                                                                                                                
REPRESENTATIVE KEMPLEN commented that childcare is usually provided                                                             
through sixth grade, and he asked for clarification on the gray                                                                 
area between childhood and adulthood when children become youths.                                                               
He asked if Ms. Farberman if she had any sources so he could better                                                             
understand that.                                                                                                                
                                                                                                                                
Number 1356                                                                                                                     
                                                                                                                                
MS. FARBERMAN offered to look into it for him.  She guessed there                                                               
are some studies that broke down age groups and looked at young                                                                 
children, children, teenagers and older teenagers.  One of the                                                                  
questions researchers wanted to look at was the degree of harm                                                                  
based on age group and developmental maturity.  She believes the                                                                
bottom line is that the great majority of literature shows that                                                                 
harm is done to children no matter whether they are six or 16.                                                                  
                                                                                                                                
CO-CHAIRMAN DYSON asked for a definition of "meta-analytic."                                                                    
                                                                                                                                
MS. FARBERMAN replied it means a study of studies.  The researchers                                                             
in this case looked at a number of studies and pooled all the data                                                              
from all the studies and looked at them as one large data set.                                                                  
                                                                                                                                
Number 1532                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON assured her that the resolution does not infer                                                                
that the APA endorsed the suggestions and conclusions in this                                                                   
article.  They will entertain her suggested amendment.                                                                          
                                                                                                                                
Number 1567                                                                                                                     
                                                                                                                                
DEBRA GERRISH came forward to testify on behalf of herself.  She is                                                             
a survivor of child abuse, and she shared her experience of being                                                               
sexually abused as a child.  She had blocked those experiences out                                                              
of her mind because they were so painful.  She agreed that a child                                                              
is a child until he/she is 18.  The child's mind works like a child                                                             
and doesn't know how to make those choices, so there could be a                                                                 
child willing to go along with the sexual abuse to hold a family                                                                
together.  She explained she was a willing child because she                                                                    
thought it would hold her family together.  She has had to deal                                                                 
with depression and post-traumatic stress from her relationship                                                                 
with both of her parents.  She encouraged the committee to pass                                                                 
this resolution.  Any child who is out there being sexually abused                                                              
is going to be affected.                                                                                                        
                                                                                                                                
MS. GERRISH believes that childcare isn't provided after age 12 is                                                              
because society says "We can't afford childcare after 12."  Most of                                                             
the children who get in trouble get in trouble between the time                                                                 
school ends and parents get home.  "If we were a society that truly                                                             
cared about children, we would have some kind of childcare, some                                                                
programs in place, to help those kids to keep them out of trouble."                                                             
                                                                                                                                
MS. GERRISH requested that the surgeon general be added to list of                                                              
people who will receive a copy of the resolution.                                                                               
                                                                                                                                
Number 1705                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON noted that is a good idea.  He also suggested                                                                 
that Ms. Gerrish could also represent scores other victims and                                                                  
survivors of sexual abuse who don't speak up and report it.                                                                     
                                                                                                                                
Number 1756                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON made a motion to adopt Amendment 1 which added on                                                             
line 22 ", Surgeon General of the United States,".                                                                              
                                                                                                                                
CO-CHAIRMAN COGHILL asked whether there was any objection.  There                                                               
being none, Amendment 1 was adopted.                                                                                            
                                                                                                                                
The committee took an at-ease from 3:40 p.m. to 3:44 p.m.                                                                       
                                                                                                                                
Number 1808                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON made a motion to adopt Amendment 2 which will be                                                              
on page 2, between line 5 and 6, which adds an additional whereas.                                                              
It reads:                                                                                                                       
                                                                                                                                
     WHEREAS virtually all studies in this area, including                                                                      
     those published by the American Psychological                                                                              
     Association, condemn child sexual abuse as criminal and                                                                    
     harmful to children; and                                                                                                   
                                                                                                                                
CO-CHAIRMAN COGHILL asked whether there was any objection.  There                                                               
being none, Amendment 2 was adopted.                                                                                            
                                                                                                                                
Number 1957                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER made a motion to move the proposed CSHJR 36                                                             
from the committee with individual recommendations and zero fiscal                                                              
note.  There being no objection, CSHJR 36(HES) moved from the House                                                             
Health, Education and Social Services Standing Committee.                                                                       
                                                                                                                                
CO-CHAIRMAN DYSON informed the committee that this study was                                                                    
brought to their attention by Representative Ogan's office, and                                                                 
they have been supportive of this.                                                                                              
                                                                                                                                
The committee took an at-ease from 3:48 p.m. to 3:49 p.m.                                                                       
                                                                                                                                
HB 70 - PUBLIC SCHOOL SURVEYS                                                                                                   
                                                                                                                                
Number 1996                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL announced the next order of business as House                                                               
Bill No. 70, "An Act relating to questionnaires or surveys                                                                      
administered in public schools."                                                                                                
                                                                                                                                
Number 2029                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON explained that HB 98 amended the code to create                                                               
ASA 14.03.110 in 1979.  At that time, Av Gross, the Attorney                                                                    
General, interpreted that bill to say:  "The use of broadly based                                                               
anonymous surveys of school-aged children to determine the                                                                      
frequency of alcohol, drugs and child abuse tools used in the                                                                   
efficiency of a government programs would be precluded by the                                                                   
bill."  When the Youth Risk Behavior Survey (YRBS) was done last                                                                
year, there was some consternation in some places in the state.  It                                                             
asked the question if parents needed to be in the loop and did                                                                  
their permission for their children to participate need to be                                                                   
active or passive.  Passive permission means if the school doesn't                                                              
hear from the parents, it is presumed to be okay.                                                                               
                                                                                                                                
CO-CHAIRMAN DYSON indicated that constituents asked that this                                                                   
legislation address and clarify the legal position.  The first                                                                  
attempt was to insert the word "personal" so it would read                                                                      
"personal family matters" into the code, but the DHSS said that                                                                 
would make it too tough to get the survey done.  They worked                                                                    
together and came up with HB 70 which allows a one-time-per-year                                                                
blanket parental approval for their children to participate in                                                                  
anonymous surveys.  The parents would still be notified before the                                                              
survey is given.  The department will still say that it is too                                                                  
tough, and the logistics of it will preclude it happening, and some                                                             
districts will opt out.  They only need one-eighth of the student                                                               
population in order for the survey to be valid.  He contends that                                                               
most school districts will be easily able to identify the children                                                              
who have the annual blanket permission.                                                                                         
                                                                                                                                
REPRESENTATIVE GREEN made a motion to adopt the proposed committee                                                              
substitute for HB 70, version 1-LSO263\G, Ford, 4/6/99, as a work                                                               
draft.  There being no objection, Version G was before the                                                                      
committee.                                                                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON noted the DHSS has told him the raw data gathered                                                             
is valuable.  He agreed it is of some value to find the magnitude                                                               
of the students' social problems, and there are funding streams                                                                 
available if the state has participated in gathering this data.  He                                                             
is not against the survey but wants the parents to be actively                                                                  
involved in the process.  He noted that in Sitka, after they chose                                                              
active parental permission, they now have groups of parents and                                                                 
students who meet to discuss and deal with some of the problems                                                                 
illuminated by the survey.                                                                                                      
                                                                                                                                
TAPE 99-37, SIDE B                                                                                                              
                                                                                                                                
Number 2181                                                                                                                     
                                                                                                                                
MARY ROSENZWEIG, Executive Director, Substance Abuse Directors                                                                  
Association, testified via teleconference from Anchorage.  She                                                                  
thanked the committee for understanding the importance of the YRBS.                                                             
The YRBS is the only good standard they have to target prevention                                                               
programs and to measure how well their programs are working.  She                                                               
noted that she didn't have a copy of the proposed CS in front of                                                                
her but said the blanket permission really adds to no value except                                                              
that it is administratively burdensome and introduces an element of                                                             
bias to the study.  No one really knows about the children whose                                                                
parents checked the no box.  They don't know if the parents were                                                                
just in a bad mood that day or if they always say no when presented                                                             
with this type of question.  They wonder if the children who don't                                                              
participate in the study are more or less likely to have risk                                                                   
behaviors.  They just won't know about those children.                                                                          
                                                                                                                                
MS. ROSENZWEIG offered their support for the second part of the                                                                 
amended version which makes parents more involved.  Parent                                                                      
involvement is paramount to substance abuse prevention.  If parents                                                             
see this study presented to them, and they don't want their                                                                     
children to participate, even though the association would like to                                                              
have that data, they believe the parents have the right to say no.                                                              
They are in support of amending the bill to require that parents be                                                             
given notice of the survey and that parents be given the                                                                        
opportunity to refuse to have their child participate.  That will                                                               
allow for parent involvement and continued data collection.                                                                     
                                                                                                                                
Number 2065                                                                                                                     
                                                                                                                                
ANDREE McLEOD testified via teleconference from Anchorage as a                                                                  
parent.  She supports whatever bill they put forth that will ask                                                                
parents to give written permission.  She wants to know whenever her                                                             
child is going to be asked questions that deals with his behavior                                                               
or anything else; then she can teach him about privacy matters, who                                                             
to divulge that information to, what kind of information to                                                                     
divulge; it is her responsibility, duty and right.  She has a lot                                                               
of information she would like to send to them, including a                                                                      
resolution that the Anchorage Assembly passed, a joint meeting of                                                               
the Anchorage school board and assembly, where Bob Christal,                                                                    
Superintendent of the Anchorage School District, reported that the                                                              
municipal Health Department and the state of Alaska are the primary                                                             
beneficiaries of this survey [YRBS] and not the schools.  He                                                                    
stressed that it is an issue that the district gets very little                                                                 
benefit from.  He added that if the survey is done, it will be at                                                               
the request of groups outside the district that need this                                                                       
information.  This is nothing to do with education.  It diminishes                                                              
the study time of students.  They already have to be assessed to                                                                
get their diplomas.  This only gets in the way.                                                                                 
                                                                                                                                
MS. McLEOD referred to a letter from Marjorie Speers, Ph. D.,                                                                   
Deputy Associate Director for Science, Department of Health and                                                                 
Human Services, Centers for Disease Control and Prevention,                                                                     
Atlanta, GA, to Dr. John Middaugh in the state epidemiologist                                                                   
office.  Dr. Speers states that the YRBS is not even research, it                                                               
is just for the state to know the numbers.                                                                                      
                                                                                                                                
MS. McLEOD believes that the boundaries for privacy are being                                                                   
disregarded and violated.  The law states simply that schools have                                                              
to get written parental permission for field trips, school                                                                      
activities and immunizations.  "All of a sudden, written permission                                                             
is being scrutinized as to what it means.  It's not scrutinized for                                                             
a field trip.  Kids stay in school if they don't have permission.                                                               
They don't go to a school activity, they can't belong to one                                                                    
because written permission isn't there.  But all of a sudden now                                                                
it's okay not to have written permission.  It'll be okay to say no.                                                             
The right thing to do is to put in whatever bill to protect the                                                                 
rights of parents and families to privacy."  Another way to get                                                                 
this information is through a key informant survey which is more                                                                
reliable and cheaper.  She said she also has paperwork that follows                                                             
the money trail.  The federal law states that the prior written                                                                 
consent of the parent is needed to protect pupil rights.  She                                                                   
believes that the state has not been doing it right, and she urged                                                              
the committee to get it right.                                                                                                  
                                                                                                                                
Number 1872                                                                                                                     
                                                                                                                                
DEE HUBBARD testified via teleconference from Anchorage as a                                                                    
parent.  She told the committee that there are other surveys being                                                              
done in schools that parents don't find out about until after the                                                               
fact.  She brought their attention to the letter in the packets                                                                 
from Marti Hughes which talked about what happened to her son's                                                                 
high school class last year.  Parents don't know how many other                                                                 
surveys are out there, but they would like to know because they are                                                             
paying for them.  She agreed that there often is a problem in a                                                                 
student-teacher relationship where students won't say no if they                                                                
are given a choice to participate in a survey.  In Anchorage                                                                    
schools, if there is no parent permission the child will not go on                                                              
a field trip.                                                                                                                   
                                                                                                                                
MS. HUBBARD had seen the YRBS after the fact in 1995 and asked the                                                              
middle school principal if she would have let her child take this                                                               
survey, and the principal said "Absolutely not."  Ms. Hubbard's                                                                 
husband was furious when he saw the survey.  He commented that it                                                               
reminded him of when he attended the Bureau of Indian Affairs                                                                   
school and was subjected to pervasive surveys and questions where                                                               
they had no choice but to answer them.                                                                                          
                                                                                                                                
MS. HUBBARD referred to the statement last week that they are                                                                   
missing the children they really want to survey.  She wonders if                                                                
the survey is targeting certain groups of children.  She would like                                                             
an answer to know how the targeting is being done.  Finally, as a                                                               
parent, she has not turned the right of educating her children over                                                             
to the state.  She is a taxpayer, a property owner and she wants to                                                             
know what she is paying for.  Irrespective of who is administering                                                              
this survey, she is paying for it.  She wants the right to be able                                                              
to say yes or no.  She would most likely say no to a blanket                                                                    
permission at the time of registration.                                                                                         
                                                                                                                                
Number 1686                                                                                                                     
                                                                                                                                
DIANE ETTER testified via teleconference from Anchorage as a                                                                    
parent.  She is in favor of any measure that gives parents active                                                               
permission before any survey.  She feels parents need control over                                                              
some part of their children's lives.  A survey is totally                                                                       
non-academic part of school.  There should be no reason it would be                                                             
imposed without active parental permission.  In addition, she                                                                   
favors any measure that would cut down on unnecessary, non-academic                                                             
activities taking up classroom instructional time.  The erosion in                                                              
classroom instructional time is a huge concern for her.  Already                                                                
there are in-service days, half days during parent-teacher                                                                      
conferences, shortened days for school assemblies, time taken in                                                                
class to register for next year's classes and fill out teacher                                                                  
evaluations, time to take standardized tests, the upcoming                                                                      
benchmark exams and exit exams.  She is concerned that they are                                                                 
losing instructional time in huge chunks, and she strongly objects                                                              
to administering any survey in school that would further erode                                                                  
instructional time when it is something unrelated to academics.                                                                 
Parents must have active parental consent to help control this                                                                  
trend and to be fully aware of each survey given to their children.                                                             
She suggested doing the surveys somewhere else besides in school                                                                
like shopping malls, state fairs, sporting events and any number of                                                             
places to get large groups of children in a random sampling.                                                                    
                                                                                                                                
CO-CHAIRMAN DYSON explained that this bill allows for the parent to                                                             
give one time per year permission to participate in an anonymous                                                                
survey, but it also requires that the parent be notified before the                                                             
survey happens and be given another chance to opt out.  He asked if                                                             
that meets her criteria for keeping the parents informed.                                                                       
                                                                                                                                
MS. ETTER responded that she is not in favor of any survey that is                                                              
not academic being given to her children without her permission                                                                 
prior to that survey.                                                                                                           
                                                                                                                                
Number 1530                                                                                                                     
                                                                                                                                
BETH SHOBER, Health Specialist, Teaching and Learning Support,                                                                  
Department of Education (DOE), came forward to testify on behalf                                                                
the DOE to express some of their concerns about the possible                                                                    
unintended consequences of this proposed legislation.  There are                                                                
two major areas that could possibly be impacted dependant upon the                                                              
interpretation.  One is on curriculum and implementation of                                                                     
curriculum, and the other is on counseling services within the                                                                  
school.  She shared copies of an article called "Emotional Lessons"                                                             
which appeared in "NW Education, Spring 1999".  Perhaps the intent                                                              
is not to impact curriculum in the implementation of programs, but                                                              
it could be interpreted that way.  This article is an example.  It                                                              
speaks very well to the issues of dispelling fears after a crisis                                                               
like the one experienced in Bethel.  This article highlights some                                                               
things happening in Bethel, Alaska now as a result of the school                                                                
shooting there in 1997:  children are being allowed to share common                                                             
feelings and to discuss them.  Students in Bethel are processing                                                                
through the heartache produced by the school shooting.  Under the                                                               
broad, possible interpretation of this legislation, that program                                                                
would be in conflict.  The article shows specific examples of how                                                               
that might be interpreted as in conflict of this legislation.                                                                   
                                                                                                                                
MS. SHOBER expressed concern regarding the counseling needs of                                                                  
high-risk students in the schools.  Often counselors and teaching                                                               
staff find it difficult to gain written permission from parents or                                                              
guardians of those students who are displaying the greatest need                                                                
for intervention.  This population certainly may not make up the                                                                
bulk of students receiving services, however, their needs may be                                                                
more extreme.  Although several attempts are often made to reach                                                                
these families to secure written permission, the follow-through on                                                              
the part of the family is very difficult at times.  Counseling                                                                  
staff may feel compelled to intervene on behalf of the student                                                                  
after making a good-faith effort to reach and receive written                                                                   
parental permission without success.  Even after services begin in                                                              
schools, counseling staff continues to attempt to include family                                                                
members in the services that are being provided.  Examples of these                                                             
services could be anger management, good decision making and risk                                                               
reduction, refusal skills, and so on.  If the assessment by a                                                                   
trained counselor determines that the student is in need of more                                                                
intensive therapeutic intervention, he will refer the student to                                                                
the appropriate agencies outside of the school building.  None of                                                               
those assessments or those counseling services could be provided                                                                
under the possible interpretation of this legislation.                                                                          
                                                                                                                                
Number 1364                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON gathered that she was referring to Section 1 (a)                                                              
where it refers to written consent for psychological testing.                                                                   
                                                                                                                                
MS. SHOBER answered yes, in part through the counseling concern,                                                                
that would be the case.                                                                                                         
                                                                                                                                
CO-CHAIRMAN DYSON asked if the logical inference from DOE's                                                                     
perspective would be that, in addition to providing education, the                                                              
school should be able to provide counseling, for example,                                                                       
psychological treatment, without the parent's permission.                                                                       
                                                                                                                                
MS. SHOBER believes the DOE is saying, dependant upon the                                                                       
interpretation of the words, that students are exhibiting behaviors                                                             
that are not allowing them to sit and participate in a regular                                                                  
classroom structure.  For example, in the article, elementary                                                                   
students are dealing with lots of anger management and social                                                                   
skills that don't make it possible for them to participate in the                                                               
regular curricular activities.  Lots of times counseling staff will                                                             
attempt to intervene and help that student get back on track.  The                                                              
attempt to make contact with parents before they try to do anything                                                             
with the child may be the cause of some of these problems.  It has                                                              
come to the attention of the department that often times it is not                                                              
possible to get written permission.  Parents have the form but                                                                  
forget to send it in; follow-up phone calls don't result in getting                                                             
the written permission back.  The bottom line is the student is                                                                 
left without any kind of intervention services; the class is left                                                               
struggling with how to incorporate the behavior into the curricular                                                             
day; and the counselors are trying to intervene on behalf of the                                                                
student to help assist in any way they can.                                                                                     
                                                                                                                                
MS. SHOBER agreed that intensive psychotherapy is not the role of                                                               
a school counselor, but often times in those kinds of assessments                                                               
in helping students get back on track with their behavior problems                                                              
or social interaction problems, it comes forth that there are some                                                              
other problems that are evident that are in need of greater                                                                     
psychological help.  That is when the counselor would work with the                                                             
family to refer to an agency outside of the school.                                                                             
                                                                                                                                
CO-CHAIRMAN DYSON sees the dilemma and is trying to help.  He                                                                   
doesn't want the school doing any heavy-duty psychological                                                                      
counseling with the student without the parents' knowledge.                                                                     
Finally, if the parents refuse to get involved, there may be a                                                                  
child in need of aid.  The parents who it is the most difficult to                                                              
get permission from and get them involved are often the ones that                                                               
have the students who need the most assistance.  He asked Ms.                                                                   
Shober if the school got permission at enrollment for the school                                                                
counselor to be able to interact with the student, would that help                                                              
her concerns.                                                                                                                   
                                                                                                                                
MS. SHOBER believes that would answer some of the concerns.                                                                     
                                                                                                                                
Number 1082                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked what is the alternative to having the                                                                
counselor not intervening in those situations when the students are                                                             
off track.                                                                                                                      
                                                                                                                                
MS. SHOBER said it depends case by case because every student is                                                                
different.  Students who are unable to cooperate, share, listen,                                                                
stop harassing or hitting their neighbors, playground harassment,                                                               
fighting, the DOE feels those type of behaviors are destructive to                                                              
the overall academic success of students.  They are attempting with                                                             
schools to offer every kind of assistance possible to change those                                                              
behaviors.                                                                                                                      
                                                                                                                                
REPRESENTATIVE BRICE asked what happens in schools without those                                                                
intervention services.                                                                                                          
                                                                                                                                
Number 0972                                                                                                                     
                                                                                                                                
MS. SHOBER said each district has adopted its own discipline plan                                                               
so it varies.  Some districts don't have the staff to do anything                                                               
at this point, and they are barely getting by.  Other districts                                                                 
have very extensive programs and immediately help those students.                                                               
                                                                                                                                
CO-CHAIRMAN COGHILL commented that when any counseling goes on, the                                                             
parents are encouraged or involved at a very early level.                                                                       
                                                                                                                                
MS. SHOBER indicated that there is always the attempt to make                                                                   
contact with those parents and help discuss and offer help in a                                                                 
variety of ways.  The concern is many times the parents are not                                                                 
responding when the student is having difficulty during the school                                                              
day and they are struggling to work out the conflicting pieces.                                                                 
                                                                                                                                
CO-CHAIRMAN DYSON referred to page 2, line 30 (e) "Written consent                                                              
required under (a) of this section is valid until the commencement                                                              
of the subsequent school year," and commented that his reading of                                                               
the legislation is that all the things on page 1 are covered.  He                                                               
told Ms. Shober if she gets a legal opinion that he is wrong, and                                                               
it doesn't cover her concerns, he will call this back to the                                                                    
committee to amend it.                                                                                                          
                                                                                                                                
Number 0735                                                                                                                     
                                                                                                                                
DOUGLAS GARDNER, Assistant Attorney General, Oil, Gas and Mining                                                                
Section, Civil Division (Juneau), Department of Law, came forward                                                               
to testify representing the Departments of Law and Health and                                                                   
Social Services DHSS, Division of Family and Youth Services DFYS.                                                               
He doesn't represent the Department of Education, but he offered to                                                             
attempt to answer any questions the committee may have.  He                                                                     
reviewed the CS with the DFYS and they had some problems with                                                                   
subsections (h) and (i) so he offered an amendment to clarify the                                                               
problem.  He doesn't believe it was Co-Chairman Dyson's intention                                                               
to give an opportunity of different interpretation of some of the                                                               
reports-of-harm requirements in AS 47.  The two departments                                                                     
proposed that subsections (h) and (i) be scaled down to just (h).                                                               
The focus of (h) would be to track AS 47.17.020 and AS 47.17.027                                                                
which are the reporting requirements that school officials are well                                                             
trained to follow.  It is the department's view that these                                                                      
subsections might give a court pause and there are long-term                                                                    
interpretations that they wouldn't want to see upset.                                                                           
                                                                                                                                
CO-CHAIRMAN DYSON asked Mr. Gardner to show them exactly where the                                                              
wording differs.                                                                                                                
                                                                                                                                
Number 0520                                                                                                                     
                                                                                                                                
MR. GARDNER replied that they essentially added the underlined                                                                  
language and took out the language in capital letters and brackets.                                                             
He said he wasn't sure what the legislation was trying to achieve,                                                              
they made the assumption that Co-Chairman Dyson was trying to track                                                             
the normal reporting requirements in AS 47.17 and wasn't trying to                                                              
change those, and in (i) he was trying to make it clear that the                                                                
DHSS is exempted from notification requirements.                                                                                
                                                                                                                                
CO-CHAIRMAN DYSON explained they didn't want this parental                                                                      
permission to keep the department from reporting a child in need of                                                             
aid.                                                                                                                            
                                                                                                                                
MR. GARDNER said they just wanted to be clear that the reporting                                                                
requirements haven't been changed, and they changed the language to                                                             
use the language in the existing statute.                                                                                       
                                                                                                                                
Number 0402                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked Mr. Gardner to comment if they are on the                                                               
right track in regards to the concerns expressed by Ms. Shober.                                                                 
                                                                                                                                
MR. GARDNER said he isn't familiar with that area.  He would have                                                               
to follow up later.                                                                                                             
                                                                                                                                
REPRESENTATIVE GREEN asked for clarification on some of the deleted                                                             
language.                                                                                                                       
                                                                                                                                
TAPE 99-38, SIDE A                                                                                                              
                                                                                                                                
MR. GARDNER answered that the deletion of some of the language in                                                               
subsection (h) was done because that issue has been addressed in                                                                
other statutes.  He explained that there are situations that need                                                               
to be reported to the DHSS or law enforcement agencies and not to                                                               
the parents.                                                                                                                    
                                                                                                                                
Number 0110                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON made a motion to adopt Amendment 1, which read:                                                               
                                                                                                                                
     (h)  Unless the matter must be reported to the Department                                                                  
     of Health and Social Services under AS 47.17.020 or the                                                                    
     records or information were received in the course of an                                                                   
     investigation by that department under AS 47.17.027, a                                                                     
     school employee or agent who believes that a situation                                                                     
     exists [IF, AFTER RECEIVING RECORDS OR INFORMATION, A                                                                      
     SCHOOL EMPLOYEE OR AGENT BELIEVES THAT A SITUATION                                                                         
     EXISTS] that presents a serious threat to the well-being                                                                   
     of a student, the school employee or agent shall notify                                                                    
     the student's parent or guardian without delay.  [IF,                                                                      
     HOWEVER, THE MATTER HAS BEEN REPORTED TO THE DEPARTMENT                                                                    
     OF HEALTH AND SOCIAL SERVICES, IT IS THE RESPONSIBILITY                                                                    
     OF THE DEPARTMENT TO NOTIFY THE STUDENT'S PARENT OR                                                                        
     GUARDIAN OF ANY POSSIBLE INVESTIGATION BEFORE THE                                                                          
     STUDENT'S RETURN HOME FORM SCHOOL.]                                                                                        
                                                                                                                                
     [(I)  THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES MAY BE                                                                  
     EXEMPTED FROM THE NOTIFICATION REQUIREMENTS DESCRIBED IN                                                                   
     (H) OF THIS SECTION ONLY IF THE DEPARTMENT DETERMINES                                                                      
     THAT THE STUDENT WOULD BE ENDANGERED BY NOTIFICATION OF                                                                    
     THE STUDENT'S PARENT OR GUARDIAN OR IF THIS NOTIFICATION                                                                   
     IS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW.]                                                                          
                                                                                                                                
CO-CHAIRMAN COGHILL asked whether there was any objection.  There                                                               
being none, Amendment 1 was adopted.                                                                                            
                                                                                                                                
Number 0160                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON stated that he is committed that if Ms. Shober or                                                             
Mr. Gardner find anything that needs to be fixed in this                                                                        
legislation, it will be fixed.  If there is an unintended result of                                                             
this legislation and it ends up being an insurmountable barrier to                                                              
getting the survey done, he is committed to fixing any problems.                                                                
It is not his intention to mess things up.                                                                                      
                                                                                                                                
Number 0381                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE made a motion to move the proposed CSHB 70,                                                                
version 1-LSO263\G, Ford, 4/6/99, as amended, out of committee with                                                             
individual recommendations and attached zero fiscal note.  There                                                                
being no objection, CSHB 70(HES) moved from the House Health,                                                                   
Education and Social Services Standing Committee.                                                                               
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0412                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:51 p.m.                                                                                                      

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