Legislature(2001 - 2002)
04/18/2002 04:22 PM House HES
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* first hearing in first committee of referral
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ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
April 18, 2002
4:22 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Chair
Representative Peggy Wilson, Vice Chair
Representative John Coghill
Representative Gary Stevens
Representative Vic Kohring
Representative Sharon Cissna
Representative Reggie Joule
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 180
"An Act requiring child services providers to obtain criminal
background checks for child services workers."
- MOVED CSHB 180(HES) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HB 180
SHORT TITLE:YOUTH SERVICES: REGULATION & TASK FORCE
SPONSOR(S): REPRESENTATIVE(S)MCGUIRE
Jrn-Date Jrn-Page Action
03/13/01 0560 (H) READ THE FIRST TIME -
REFERRALS
03/13/01 0560 (H) HES, JUD
03/16/01 0636 (H) COSPONSOR(S): DYSON
04/10/01 (H) HES AT 3:00 PM CAPITOL 106
04/10/01 (H) <Bill Postponed to 4/19>
04/19/01 (H) HES AT 3:00 PM CAPITOL 106
04/19/01 (H) Heard & Held
04/19/01 (H) MINUTE(HES)
02/04/02 2152 (H) COSPONSOR(S): CROFT
04/18/02 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE LESIL MCGUIRE
Alaska State Legislature
Capitol Building, Room 418
Juneau, Alaska 99801
POSITION STATEMENT: Presented HB 180 as sponsor.
ELMER LINDSTROM, Deputy Commissioner
Department of Health and Social Services
P.O. Box 110601
Juneau, Alaska 99811-0601
POSITION STATEMENT: Answered questions on HB 180.
YVONNE CHASE, Deputy Commissioner of Early Development
Office of the Commissioner
Department of Education & Early Development
333 West Fourth Avenue, Suite 320
Anchorage, Alaska 99501-2341
POSITION STATEMENT: Testified in support of HB 180.
JOANNE GIBBENS, Program Administrator
Division of Family & Youth Services (DFYS)
Department of Health & Social Services
PO Box 110630
Juneau, Alaska 99811-0630
POSITION STATEMENT: Explained and answered questions on HB 180.
MARTHA ANDERSON, Manager
Child/Adult Care
Social Services Division
Department of Health & Human Services
Municipality of Anchorage
632 West Sixth Avenue
Anchorage, Alaska 99501
POSITION STATEMENT: Testified in support of HB 180.
JACK BOWEN
11224 Via Balboa
Anchorage, Alaska 99515
POSITION STATEMENT: Testified in support of HB 180.
ACTION NARRATIVE
TAPE 02-34, SIDE A
Number 0001
CHAIR FRED DYSON called the House Health, Education and Social
Services Standing Committee meeting to order at 4:22 p.m.
Representatives Dyson, Wilson, Coghill, Stevens, Kohring,
Cissna, and Joule were present at the call to order. [Minutes
for the Overview: Departments of Health & Social Services and
Administration: Long Term Care Task Force; Assisted Living can
be found in the 3:08 p.m. minutes for the same date.]
HB 180 - YOUTH SERVICES: REGULATION & TASK FORCE
CHAIR DYSON announced that the first order of business would be
HOUSE BILL NO. 180, "An Act requiring child services providers
to obtain criminal background checks for child services
workers."
Number 0065
REPRESENTATIVE KOHRING made a motion to adopt the proposed
committee substitute (CS) for HB 180, version 22-LS0642\T,
Lauterbach, 4/18/02, as a work draft. There being no objection,
Version T was before the committee.
Number 0108
REPRESENTATIVE LESIL MCGUIRE, Alaska State Legislature, sponsor,
presented HB 180. She recognized that all the committee members
were doing everything they could to protect children in the
state. She agreed that much needs to come from the home, but
there are certain situations in society where children only have
the legislature to look to for protection, and this bill is one
more effort to do that.
Number 0236
REPRESENTATIVE MCGUIRE noted that HB 180 would make Alaska one
of the many states moving into compliance with the adoption of a
federal law, the Adoption & Safe Families Act (ASFA) passed by
Congress in 1997, to take further steps to promote the safety of
children. As the committee knows, there are already statutes in
place that allow the State of Alaska to oversee the licensure
and supervision of foster homes, residential childcare
facilities, semi-secure residential childcare facilities, secure
residential psychiatric treatment centers, child placement
agencies, and maternity homes. This bill is simply an effort at
bringing Alaska into compliance with the federal law and
protecting the kids more.
REPRESENTATIVE MCGUIRE pointed out that HB 180 would also create
a legislative task force. This is an effort to seek to protect
children beyond the state licensed agencies just mentioned. She
noted that there are staggering rates of children who have been
victims of predators in situations which the parents thought
their children would be protected and safe. Statistics show
that child molesters will seek out opportunities to be in
positions where they have power and control over young people.
That is why background checks are required, and they are a
necessary evil in some places. She reiterated that she just
wants to make sure that the kids in places licensed by the State
are protected.
REPRESENTATIVE MCGUIRE indicated that an earlier draft of HB 180
suggested beginning the process of requiring background checks
for people who have immediate contact and unsupervised control
over children, but there were many problems with that. One of
the problems was the fiscal impact on the volunteer agencies;
then it was reduced in a CS to a state background check which
currently runs $25. Some people agreed that wasn't a high price
to pay for the cost of protecting children. The reason for the
language in Section [14] regarding the task force is an attempt
to sit down with people and talk about what can be done.
Number 0480
REPRESENTATIVE MCGUIRE shared her idea for a safe kids seal
program patterned after the Better Business Bureau. If
something meets certain things, then it gets the seal, and
parents could start looking for it. People can look for the
seal and know that if the agencies have it, they are taking
those extra steps to provide background checks. That will
reduce the risk of kids being placed in harm's way. There is
nothing the government can do to ensure that 100 percent, but
background checks do tend to reveal past molestation and
predatory offenses. There does seem to be a pattern by those
people to place themselves back in those situations, she noted.
Number 0679
CHAIR DYSON asked if this was only requiring background checks
for organizations or people who are working in organizations
that are licensed by the state.
REPRESENTATIVE MCGUIRE replied absolutely.
CHAIR DYSON asked why the task force is chaired by the chair of
the Administrative Regulation Review Committee ("Reg Review").
Number 0713
REPRESENTATIVE MCGUIRE admitted that she has an interest in
chairing it because she's been following it for the past year
and a half. She also sees some wisdom as putting herself as
chair of Reg Review in that, because there has been discussion
about whether this should be done through regulations or
statutes. She stated:
Mostly it is absolute 100 percent self-interest. I
want to chair it because I've been following it. I've
been doing the research and the homework, and I'd also
like to have members of the House and members of the
Senate to help me along ... but I do see some wisdom
is trying to see whether we can tackle it from a
regulation point of view or whether it has to be law,
or perhaps it's a whole other concept such as the safe
seal.
CHAIR DYSON asked what she would want to do if she doesn't get
re-elected.
Number 0774
REPRESENTATIVE MCGUIRE answered that the recommendations will be
submitted to the legislature by January 21, 2003, so the bulk of
the work is going to go on this summer. She said if this task
force didn't have recommendations by November 7, [2002], then
she would feel that she hadn't done her job. She would hope
those recommendations could be carried forward by whoever is the
chair in the event she was not re-elected.
Number 0840
REPRESENTATIVE JOULE asked if it was correct that Representative
McGuire would appoint the rest of the members herself.
REPRESENTATIVE MCGUIRE replied that is how is currently reads,
but she is open to the committee making modifications.
Number 0959
REPRESENTATIVE WILSON agreed this was an excellent idea and many
states have these task forces and have accomplished a lot.
Number 0991
CHAIR DYSON asked for some clarification on the changes on page
2, lines 8 to 14.
Number 1034
ELMER LINDSTROM, Deputy Commissioner, Department of Health and
Social Services, answered that the Department of Education &
Early Development actually suggested it. He explained that the
classic example is Mt. Edgecumbe [state boarding school], but it
would be DFYS [Division of Family & Youth Services] licensing
the domiciliary portion of the facility. It is a residential
facility which is also a school, but the DFYS would license the
residential portion of the school or any other similar boarding
school.
CHAIR DYSON asked if the boarding schools around the state have
been checked with on this.
REPRESENTATIVE MCGUIRE answered that she has not checked with
them, but there have been philosophical discussions about it.
Her initial concern was making sure that the regular village
charter schools would not be subjected to this; they are not.
Number 1100
YVONNE CHASE, Deputy Commissioner of Early Development, Office
of the Commissioner, Department of Education & Early
Development, testified via teleconference. She told the
committee there has been discussions with the boarding schools
and DFYS, and she expressed support for this language.
Number 1135
JOANNE GIBBENS, Program Administrator, Division of Family &
Youth Services (DFYS), Department of Health & Social Services,
explained that this change codifies practice that is already
occurring. Regulations already exist for the licensure process
for boarding schools. It is a residential care license with a
specialty in providing boarding school care. Boarding school
care is 24-hour care of children away from home, so it has
always been considered part of the licensing process already.
MS. GIBBENS reiterated that it is already in regulation, but the
law is not clear in terms of a specific statement regarding
licensing boarding schools.
CHAIR DYSON asked what this bill will change if it passes.
MS. GIBBENS answered that HB 180 brings the current licensing
statute into compliance with federal law, the Adoption & Safe
Families Act. The federal law has specific requirements for
what circumstances states may not license a potential foster
parent. As a result of making that change, some subsequent
sections were changed that related back to criminal background
checks.
Number 1265
MS. GIBBENS told the members that the federal law states that
the state may not approve or license a foster parent if there
has been a felony conviction for child abuse or neglect, spousal
abuse, a crime against children, including child pornography, or
a crime involving violence, including rape, sexual assault, or
homicide. The other requirement is if there has been a
conviction in the last five years for physical assault, battery,
or a drug related offence, that person cannot be licensed. She
said she believes that alcohol is included as part of the drug
definition.
REPRESENTATIVE COGHILL commented that some of those offenses
fall into the misdemeanor category.
REPRESENTATIVE MCGUIRE explained that there are two separate
levels. A felony is an automatic no, and a misdemeanor in the
last five years is an opportunity for further review by the
department.
Number 1355
MS. GIBBENS reiterated that the federal law specifically states
felony convictions are the absolute bar. Anything less than
that is considered a discretionary decision made by the division
in terms of its licensing process. The division can thoroughly
investigate those circumstances and make a judgment regarding
the safety of children in that home.
REPRESENTATIVE COGHILL commented that the laws make it very easy
for someone to become a misdemeanant these days.
REPRESENTATIVE MCGUIRE clarified it's not saying all
misdemeanors, but only those that have to do with physical
assault, battery, or drug-related offenses. She also clarified
that it is only a threshold. If it's been ten years, it won't
even be looked at; within the last five years, it warrants
concern, so the department will investigate it.
CHAIR DYSON asked if this would be exacerbating the problem in
the rural areas for finding foster homes due to problems with
alcohol-related offenses.
MS. GIBBENS replied that she doesn't believe so. This bill
doesn't criminalize anything that's currently not considered
criminal in state law. The division wants the flexibility to do
what he just talked about in terms of understanding the
difficulty of finding appropriate homes and family homes for
children in the Bush communities. She stressed that the
division wants the flexibility to make those decisions.
Number 1670
REPRESENTATIVE CISSNA commented that in her experience working
with youth over the years, there have been people on the staff
of institutions or foster parents who have been found abusing
children, and in one case she had no idea this was going on.
She wondered if a person is charged, does that show up in the
record.
REPRESENTATIVE MCGUIRE answered that a charge will appear in a
background check. She indicated that ICWA [Indian Child Welfare
Act] has been helpful in Bush communities in figuring out
placement for some of the Native kids.
Number 1820
REPRESENTATIVE STEVENS made a motion to adopt a conceptual
amendment, "the total membership of the task force be nine with
four public members and two House members and two Senate members
appointed by the Speaker of the House and the President of the
Senate [plus the chair]." There being no objection, it was so
ordered.
REPRESENTATIVE KOHRING asked why the task force needs to be in
statute.
REPRESENTATIVE MCGUIRE replied that her reason for putting it in
statute is just the gravity of the situation. She wants people
to feel the pressure of a timeline and a law to do it. She said
she felt that this would get people's attention to recognize
that this has to be done by a due date and to be accountable to
the legislature.
Number 1955
MARTHA ANDERSON, Manager, Child/Adult Care, Social Services
Division, Department of Health & Human Services, Municipality of
Anchorage, testified via teleconference. She expressed support
for HB 180 to increase the overview of persons caring for
children. She also expressed support for the task force. She
offered the help of the municipality if needed.
Number 1993
JACK BOWEN testified via teleconference and expressed strong
support of HB 180.
MS. CHASE expressed support for HB 180.
Number 2028
REPRESENTATIVE WILSON moved to report CSHB 180, version 22-
LS0642\T, Lauterbach, 4/18/02, as amended, out of committee with
individual recommendations and the accompanying zero fiscal
notes. There being no objection, CSHB 180(HES) was reported out
of the House Health, Education and Social Services Standing
Committee.
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee meeting
was adjourned at 5:02 p.m. [Minutes for the Overview:
Departments of Health & Social Services and Administration:
Long Term Care Task Force; Assisted Living can be found in the
3:08 p.m. minutes for the same date.]
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