02/21/2008 03:30 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SCR17 | |
| HB274 | |
| HB50 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 274 | TELECONFERENCED | |
| + | SCR 17 | TELECONFERENCED | |
| *+ | HB 50 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
February 21, 2008
3:39 p.m.
MEMBERS PRESENT
Representative Peggy Wilson, Chair
Representative Bob Roses, Vice Chair
Representative Anna Fairclough
Representative Wes Keller
Representative Paul Seaton
Representative Sharon Cissna
Representative Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE CONCURRENT RESOLUTION NO. 17
Relating to establishing March 2008 as Brain Injury Awareness
Month.
- MOVED SCR 17 OUT OF COMMITTEE
HOUSE BILL NO. 274
"An Act relating to a report to the legislature on teacher
preparation, retention, and recruitment by the Board of Regents
of the University of Alaska."
- HEARD AND HELD
HOUSE BILL NO. 50
"An Act relating to the Interstate Compact for the Placement of
Children; establishing an interstate commission for the
placement of children; amending Rules 4 and 24, Alaska Rules of
Civil Procedure; and providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SCR 17
SHORT TITLE: BRAIN INJURY AWARENESS MONTH: MARCH 2008
SPONSOR(s): SENATOR(s) MCGUIRE
01/23/08 (S) READ THE FIRST TIME - REFERRALS
01/23/08 (S) HES
02/06/08 (S) HES AT 1:30 PM BUTROVICH 205
02/06/08 (S) Moved SCR 17 Out of Committee
02/06/08 (S) MINUTE(HES)
02/08/08 (S) HES RPT 2DP 2AM
02/08/08 (S) DP: DAVIS, ELTON
02/08/08 (S) AM: THOMAS, DYSON
02/11/08 (S) BEFORE THE SENATE ON FINAL PASSAGE
02/11/08 (S) TRANSMITTED TO (H)
02/11/08 (S) VERSION: SCR 17
02/13/08 (H) READ THE FIRST TIME - REFERRALS
02/13/08 (H) HES
02/21/08 (H) HES AT 3:30 PM CAPITOL 106
BILL: HB 274
SHORT TITLE: UNIV. REPORT: TEACHER TRAINING/RETENTION
SPONSOR(s): REPRESENTATIVE(s) HAWKER BY REQUEST OF JT LEG
EDUCATION FUNDING TASK FORCE
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) HES
02/21/08 (H) HES AT 3:30 PM CAPITOL 106
BILL: HB 50
SHORT TITLE: CHILD PLACEMENT COMPACT
SPONSOR(s): REPRESENTATIVE(s) COGHILL, NEUMAN, WILSON
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) HES, JUD
02/21/08 (H) HES AT 3:30 PM CAPITOL 106
WITNESS REGISTER
TREVOR FULTON, Staff
to Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SCR 17 on behalf of Senator
Lesil McGuire, sponsor.
RICHARD WARRINGTON, Ambassador
Brain Injury Association of America; Board Member
Alaska Brain Injury Network
Kenai, Alaska
POSITION STATEMENT: Testified in support of SCR 17.
T. FRANK BOX, Employee
Access Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SCR 17.
JILL HODGES, Executive Director
Alaska Brain Injury Network
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SCR 17.
JEFF IRWIN, Employee
Southeast Alaska Independent Living (SAIL)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SCR 17.
ANTHONY SIVERSEN, Fisherman
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on SCR 17.
REPRESENTATIVE MIKE HAWKER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 274, as the sponsor.
PAT PITNEY, Vice President
Budget and Planning
University of Alaska
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 274.
REPRESENTATIVE JOHN COGHILL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 50, as the sponsor.
RYNNIEVA MOSS, Staff
to Representative John Coghill
Juneau State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
50.
MARCIA PICKERING, Deputy Administrator
Interstate Compact for the Placement of Children; Coordinator
Social Services Programs
Office of Children's Services (OCS)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 50.
ACTION NARRATIVE
CHAIR PEGGY WILSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:39:29 PM.
Representatives Keller, Gardner, Fairclough, and Wilson were
present at the call to order. Representatives Seaton, Cissna,
and Roses arrived as the meeting was in progress.
SCR 17-BRAIN INJURY AWARENESS MONTH: MARCH 2008
3:40:16 PM
CHAIR WILSON announced that the first order of business would be
SENATE CONCURRENT RESOLUTION NO. 17, Relating to establishing
March 2008 as Brain Injury Awareness Month.
TREVOR FULTON, Staff to Senator Lesil McGuire, Alaska State
Legislature, presented SCR 17 on behalf of Senator McGuire,
sponsor. Mr. Fulton stated that resolutions establishing March
as Brain Injury Awareness Month have been passed several times
in previous years. The bill was presented in the spirit of
raising awareness of traumatic brain injury (TBI). He informed
the committee that Alaska leads the nation in brain injuries per
capita. In addition, TBI is a leading cause of death among
children and young adults in the state. Alaska has seven times
the national average number of brain injuries per capita; in the
Bush communities the number is fourteen times the national
average. In fact, 800 TBIs are reported in Alaska each year and
an estimated 12,000 Alaskans have suffered a TBI. These
injuries are life altering and place a tremendous strain on the
victims and their families. Mr. Fulton pointed out that many
victims suffer permanent disabilities. Furthermore, as most
cases of TBI are preventable, raising awareness of the traumatic
consequences will help prevent them. The Brain Injury
Association of America recognizes March of each year as Brain
Injury Awareness Month and this resolution will comport with the
national effort by making March, 2008, Brain Injury Awareness
Month in Alaska. Mr. Fulton pointed out that there is an
addition to the resolution this year that recognizes that TBIs
are on the rise in Alaska, primarily due to the number of
returning veterans who have been injured in the service to their
country.
3:44:16 PM
MR. FULTON further explained that TBI is called a silent
epidemic as some victims are not aware of their exact condition.
3:45:00 PM
CHAIR WILSON shared that she spoke to U.S. Senator Ted Stevens
about the problem of caring for the many injured veterans who
are returning home to Alaska. The Senator assured her that more
help will be coming for returning veterans.
3:46:05 PM
REPRESENTATIVE SEATON asked for the implications of the title
change: "Traumatic Brain Injury" to "Brain Injury Awareness
Month."
MR. FULTON explained that brain injuries include other sorts of
injuries, not just those sustained through trauma, but injuries
through alcohol and substance abuse, and stroke. He opined that
the intent is not to exclude other types of injury, even though
the focus is on traumatic brain injury. Also, this resolution
is drawn to comport with the national recognition of Brain
Injury Awareness Month.
3:47:57 PM
REPRESENTATIVE SEATON pointed out that the "whereas" statements
do not include other types of injury; therefore, the emphasis is
not there.
3:48:26 PM
CHAIR WILSON stated that other injuries are covered in the
statement, " ... is known in the disability community as the
nation's 'silent epidemic'." She asked whether Representative
Seaton would like to make an addition to the resolution.
3:49:14 PM
REPRESENTATIVE SEATON observed that previous resolutions
addressed traumatic brain injury and that he was trying to get
clarification.
3:49:40 PM
RICHARD WARRINGTON, Ambassador, Brain Injury Association of
America; Board Member, Alaska Brain Injury Network, responded to
Representative Seaton's question and explained that brain
injuries are like cancer in that there are many different kinds.
He opined that brain injury awareness month includes all sorts
of brain injuries. Mr. Warrington said that that he is the
survivor of a traumatic brain injury 31 years ago and is still
disabled. He urged the committee to pass the resolution to raise
awareness; brain injuries occur every 21 seconds and additional
awareness may slow this rate of occurrence.
3:51:22 PM
T. FRANK BOX, Employee, Access Alaska, informed the committee
that he is a survivor of two brain tumors followed by many
surgeries and procedures. Mr. Box said that about two percent
of the constituents in legislative districts have suffered a
TBI. He continued to say that access to properly trained
providers is essential for recovery, in fact, every dollar
invested in brain injury rehabilitation support saves $35 in
future medical costs. Mr. Box opined that building awareness in
rural areas is a good investment at no cost.
3:52:55 PM
JILL HODGES, Executive Director, Alaska Brain Injury Network,
pointed out that her organization keeps coming back in order to
continue to listen to the needs of Alaskans who have been
affected by TBI. She said that to turn needs into solutions
takes a consuming amount of energy from the victim and his or
her family. The Alaska Brain Injury Network can take on the
role of developing solutions and, thereby, support Alaskans.
Ms. Hodges expressed her appreciation to the Alaska Mental
Health Trust Authority for its funding of the Alaska Brain
Injury Network. She opined that SCR 17 is one solution. In
reference to Representative Seaton's question, she noted that
the federal government first passed bills that solely addressed
TBI; however, the Brain Injury Association of America recognized
that brain injury encompasses all acquired brain injury. In
Alaska, survivors of other brain injuries, such as stroke,
alcohol abuse, and tumors, should be served, along with
survivors of TBIs, in order for programs and services to be
equally available for both populations. Ms. Hodges explained
that her organization is in contact with hundreds of TBI
survivors and that she is speaking for them. She then noted
that the U. S. Department of Health and Human Services, Center
for Disease Control and Prevention (CDC), is beginning a new
campaign to advocate for seniors and revealed that, nationally,
those over the age of 75 have the highest rate of brain injury.
In Alaska, the Alaska Commission on Aging (ACoA) is working with
the Alaska Brain Injury Network to raise awareness about TBI
among the elder population.
3:57:11 PM
JEFF IRWIN, Employee, Southeast Alaska Independent Living
(SAIL), expressed his support for considering March as traumatic
Brain Injury Awareness Month and stated that it is very
important to better inform the public of this disability and to
invest in funding for this issue. Mr. Irwin noted that Alaska
has high rates of injury, especially in the rural communities.
He spoke of the need to provide better information to the
public, better diagnostic tools for health care providers, and
more support for the victims of injuries. He stated that TBI is
often not readily apparent and is called an invisible
disability, and encouraged the committee to make this disability
more visible to the community by declaring March as traumatic
Brain Injury Awareness Month.
3:58:20 PM
ANTHONY SIVERSEN, Fisherman, described his life-threatening TBI
while working on a fishing vessel five years ago. Mr. Siversen
expressed his support of [SCR 17].
3:59:40 PM
CHAIR WILSON closed testimony on SCR 17.
3:59:51 PM
REPRESENTATIVE GARDNER moved to report SCR 17 out of committee
with individual recommendations and the accompanying zero fiscal
note. Hearing no objections, SCR 17 was reported out of the
House Health, Education and Social Services Standing Committee.
4:01:05 PM
HB 274-UNIV. REPORT: TEACHER TRAINING/RETENTION
4:01:19 PM
CHAIR WILSON announced that the next order of business would be
HOUSE BILL NO. 274, "An Act relating to a report to the
legislature on teacher preparation, retention, and recruitment
by the Board of Regents of the University of Alaska."
4:01:19 PM
REPRESENTATIVE MIKE HAWKER, Alaska State Legislature, sponsor,
informed the committee that HB 274 is the result of a
recommendation brought forward by the Joint Legislative
Education Funding Task Force. He noted that Representatives
Roses and Seaton, members of the committee, also served on the
task force. This bill began as a discussion about the lack of
coordination, or communication, between the legislature and the
University of Alaska (UA) on what UA is doing to prepare
teachers to enter the field of teaching and to retain those
teachers in Alaska. House Bill 274 asks UA to prepare an annual
report to the legislature titled "Alaska's University for
Alaska's Schools," that describes the efforts of the university
to attract, train, and retain qualified public school teachers.
4:02:25 PM
REPRESENTATIVE HAWKER continued to explain that the report will
include an outline of the university's past, current, and future
plans to close the gap between known teacher employment
vacancies in the state and the number of state residents who
complete teacher training. He asked the committee to carefully
consider the following testimony from UA officials, that was not
available at the time the bill was written, that suggests that
the goals of this bill are already being accomplished.
4:04:02 PM
REPRESENTATIVE GARDNER asked whether the bill's sponsors are
looking for the requested information in a certain form or
simply for review.
4:04:28 PM
REPRESENTATIVE HAWKER responded that his interpretation is that
the sponsors are looking for a tool to create a specific
discussion document in order to foster communications with UA on
this subject.
4:04:56 PM
REPRESENTATIVE GARDNER surmised that the information that UA
already has could be combined into one document and there is no
need for new research.
REPRESENTATIVE HAWKER agreed.
4:05:33 PM
REPRESENTATIVE SEATON observed that the bill has a zero fiscal
note. He inferred that the bill will not require UA to do any
additional work.
REPRESENTATIVE HAWKER deferred the question to a representative
of UA.
4:06:21 PM
PAT PITNEY, Vice President, Budget and Planning, University of
Alaska, informed the committee that the Budget and Planning
office is the source for much of the university's data,
including, and beyond, budget requests. She stated that the
intent of the bill is to create a dialog between UA Board of
Regent's members and the legislature, beginning in the first
month of each session. Ms. Pitney explained that, because UA
already does several reports, including the Alaska teacher
supply and demand report generated every two or three years, it
will not require additional money to comply with the bill. She
provided an overview that describes pertinent activities by UA
including schools of education at Juneau, Anchorage, and
Fairbanks, each of which provide different programs ranging from
baccalaureate and master's degrees to secondary programs. In
addition, the Institute for Social and Economic Research has
issued a report on how many teachers are graduated by UA, how
many become teachers, and how many stay in the workforce. Ms.
Pitney indicated that UA provides 30 percent of the teachers
that the state needs. The largest areas of need are secondary
teachers of science, technology, and math, and for special
education teachers. Furthermore, the turnover at rural schools
is very high. She opined that a request from the committee for
this report would suffice, but passing a law provides UA the
opportunity for dialog with the legislature about its efforts to
reach its goals. Ms. Pitney recalled that, in FY 08, there was
a re-allocation of funds that allowed the addition of faculty at
the University of Southeast (UAS). This bill would provide an
opportunity for dialog with the legislature, not only about the
budget, but about programs.
4:10:56 PM
MS. PITNEY spoke of the elementary school program, "Future
Teachers of Alaska," that was developed in partnership with the
school districts and the Department of Education and Early
Development. This program aims to raise teaching career
awareness with elementary and middle school students.
Furthermore, the teacher mentoring program, again in partnership
with DEED, is supporting 300 teachers around the state during
their first and second years of teaching; master teachers travel
to the new teacher's school and have been instrumental in
raising the retention rates. She stressed that the bill will
give a formal opportunity for the UA Board of Regents to share
information about these, and other, programs with the
legislature.
4:12:37 PM
CHAIR WILSON expressed her concern that instructors need to go
to Bush schools in order to better prepare students for teaching
in rural areas. Many new teachers are hired to teach in rural
areas and do not have the skills to be confident.
4:14:42 PM
MS. PITNEY pointed out that there is a rural practicum program,
initiated in 2007, that provides two-week to one-semester
internships in rural schools. This is a costly program, but
will provide the needed prospective to new teachers. She
stressed that UA must provide not only training, but teachers
who are willing to take the jobs that are available. There is
interest to expand the internships to one year; however, lengthy
internships are an obstacle to some students.
4:16:47 PM
CHAIR WILSON asked whether education students are taught to deal
with anger management.
MS. PITNEY said she would defer questions about curriculum to
the dean.
4:17:10 PM
REPRESENTATIVE ROSES recalled his membership on a committee that
researched teacher enhancement. The group ultimately created
the statewide mentorship program and also looked at the terms of
the programs and determined that the master's degree would
include six weeks internship in rural school districts.
Representative Roses opined that the data needed should include
what UA has determined to be the obstacles to expansion of the
program, such as the difficulty of transferring courses. Also,
there is not enough capacity within UA to accommodate the
incoming education student's needs for specialty courses such as
science and math.
4:20:24 PM
MS. PITNEY expressed her belief that the report required by HB
274 would provide updates on improvements that UA has made. She
acknowledged that the transferability of credits between majors
will always be a problem. Ms. Pitney assured the committee that
she will respond to any student's problems of which she is
informed. Turning to the obstacles listed by Representative
Roses, she said that UA is subject to state policy and these
issues will be best solved by dialog with the legislature, the
EED, Alaska Post Secondary Education, the Department of Labor &
Workforce Development (DLWD) and other related policy units. She
cited wage inequities.
4:23:26 PM
REPRESENTATIVE FAIRCLOUGH stated her support of the bill should
UA be requested to look at its efforts to supplement, produce
and retain teachers to work in Alaska. She said that she was
open to a different discussion regarding pay grades and
retirement; however, the fiscal note attached to HB 274 refers
to a joint report and indicates that that there are two
different purposes to this bill. She expressed her
understanding that this bill will ask what UA is doing, with the
dollars invested by the legislature, to meet the needs of
teachers and teacher retention. Representative Fairclough
supported the value of the two separate and distinct issues;
however, this legislation will accomplish the first.
4:25:09 PM
MS. PITNEY expressed her support for the larger and broader
question. She agreed that the legislation is focused on the
results of UA programs and investments with the understanding
that it is not the whole picture of teacher retention in Alaska.
4:25:35 PM
REPRESENTATIVE FAIRCLOUGH pointed out an omission in the
structure of the document.
4:27:08 PM
CHAIR WILSON noted the omission. She then stated her belief
that the bill should call for results and improvements in the
Schools of Education programs. Chair Wilson opined that
legislators want changes in what is being taught and how
teachers are prepared.
4:28:49 PM
MS. PITNEY explained that accreditation reports are mandated by
the state Board of Education and Early Childhood Development.
Accreditation of schools of education requires a certain
curriculum and follow-up and outcomes assessment. She invited
the committee to ask accreditation questions of the deans and of
the faculty; however, this subject may not be at the level of
the dialog between the Board of Regents members and the
legislature required by this bill.
4:30:30 PM
CHAIR WILSON spoke of another state's requirements that
professors "go out."
4:31:05 PM
REPRESENTATIVE ROSES noted that the education task force dropped
this subject, but recommended the reestablishment of a standing
committee on education, or subcommittees in each body, to
thoroughly investigate education issues. When enacted, early
forward funding will allow the opportunity for legislators to
analyze the education system. He pointed out that HB 274 is
just one of the recommendations to reach the goal of a closer
look, by the legislature, at educational issues.
4:32:51 PM
REPRESENTATIVE HAWKER responded to Representative Fairclough's
question about the omission in the document and said that the
omission will be handled by the revisor when the statute is
incorporated into law.
4:33:36 PM
CHAIR WILSON closed testimony on HB 274.
4:33:47 PM
REPRESENTATIVE SEATON recalled that the education task force was
a funding task force and a number of issues were brought up
during discussion. He expressed his belief that this is a
subject for overviews that should be presented to the future
standing committee on education. With a zero fiscal note, he
opined that this legislation will not do much. Representative
Seaton said that he was reluctant to have UA generate a report
that does not receive due notice and he recommended that this
issue be assigned to the new standing committee. Representative
Seaton said that further conversation between UA and the
education committee will be more in depth and that he did not
support this legislation.
4:35:56 PM
REPRESENTATIVE FAIRCLOUGH suggested that the committee wait
until the senate bill is referred.
4:36:36 PM
REPRESENTATIVE SEATON clarified that he is not indicating that
the bill should be held for leverage; he stated that his intent
is that there is a need for a standing committee on education to
address this issue in detail.
4:37:11 PM
REPRESENTATIVE ROSES pointed out that the report will be to the
committee, not to the entire legislature. He stated that this
bill will accomplish the objective by requiring this report.
4:38:37 PM
CHAIR WILSON commented that some discussions should go before
the main body in order to better inform legislators about
matters such as social service and education. She announced
that the bill would be held and expressed her belief that this
bill "will not get us where we want to be."
4:39:37 PM
REPRESENTATIVE SEATON pointed out that many reports are given to
legislators and are then filed away; overviews presented to
committees are a better way to relay information. He surmised
that the sponsor agreed.
4:40:39 PM
REPRESENTATIVE HAWKER offered his belief in the appropriateness
of creating this dialog; however, he said that this is a rare
bill with a single committee of referral, and he encouraged
erring on the side of caution.
4:42:34 PM
[HB 274 was held over.]
HB 50-CHILD PLACEMENT COMPACT
4:43:09 PM
CHAIR WILSON announced that the final order of business would be
HOUSE BILL NO. 50, "An Act relating to the Interstate Compact
for the Placement of Children; establishing an interstate
commission for the placement of children; amending Rules 4 and
24, Alaska Rules of Civil Procedure; and providing for an
effective date."
4:43:27 PM
REPRESENTATIVE ROSES moved to adopt CSHB 50, Version 25-
LS0265\E, Mischel, 2/19/08, as a working draft. Hearing no
objection, Version E was before the committee.
4:43:54 PM
REPRESENTATIVE JOHN COGHILL, Alaska State Legislature,
informed the committee that he introduced the bill after hearing
a Council of State Governments presentation regarding the
Interstate Compact for the Placement of Children (ICPC).
Representative Coghill noted that the present day compact has
failings; however, in reading the new compact last year he
concluded that it held overreaching language that put the state
in the position of surrendering too much sovereignty.
Representative Coghill worked with other states and the compact
commissioners to solve some of the problems, although the state
only has the choice to sign on or not, and can not request
changes to the language. He noted that some of the reasons to
have an interstate compact are to get children out of Alaska to
relatives out-of-state, and to arrange for a home visit out-of-
state for an Alaskan parent. Representative Coghill observed
that the old compact was effective in 1960, and he recommended
that the committee review and approve HB 50, Version E. Thirty-
five states have to pass the compact prior to its enactment and
he stressed that Alaska should move forward due, in part, to its
transient society and large numbers of military families. The
new compact will hold Alaska and the other members accountable
and sets effective rules for matters of adoption and child-in-
need-of-aid. He stressed that administration laws and many of
the rules of adoption and child-in-need-of-aid have changed
significantly over time. Representative Coghill said that the
American Public Human Services Association was instrumental in
the development of Version E, and he urged the committee to
begin the state's process of entering into the compact.
4:49:19 PM
REPRESENTATIVE CISSNA recalled looking at changes to a compact
eight years ago.
REPRESENTATIVE COGHILL responded that there was an amendment to
this section in 2003 or 2004; however, there was not a
replacement compact.
4:50:26 PM
CHAIR WILSON surmised that this is essentially a new compact.
REPRESENTATIVE COGHILL said yes.
4:50:42 PM
REPRESENTATIVE SEATON asked whether the sponsor statement of
September 14, 2007, addresses Version E.
REPRESENTATIVE COGHILL answered that the sponsor statement does
apply to Version E.
4:51:18 PM
REPRESENTATIVE GARDNER pointed out the memorandum in which the
state attorney general advised Commissioner Karleen Jackson,
Department of Health and Social Services (DHSS), not to adopt
the compact.
4:51:48 PM
RYNNIEVA MOSS, Staff to Representative John Coghill, Alaska
State Legislature, informed the committee that the memorandum
Representative Gardner referred to concerned the old version of
the compact.
4:52:06 PM
REPRESENTATIVE GARDNER asked whether the state attorney
general's office has recommended that Commissioner Jackson sign
the current form of the proposed new compact.
MS. MOSS said yes. There is an assistant attorney general
available to testify, if needed.
4:52:54 PM
CHAIR WILSON asked whether the memorandum from Jean Mischel
dated September 11, 2007, applied to Version E.
MS. MOSS stated that the memorandum applied to [Version A].
4:53:40 PM
MARCIA PICKERING, Deputy Compact Administrator; Social Services
Program Coordinator, Office of Children's Services (OCS),
Department of Health and Social Services (DHSS), advised the
committee of her experience as an Interstate Compact for the
Placement of Children administrator and read [original
punctuation provided]:
The current compact was written in 1959/60 and enacted
by the first state in 1960. Alaska joined in 1976.
The compact was written before the US created an
interstate highway system, before the concept of
Administrative Law, and before the home use of computer
technology.
The proposed legislation before you offers an
opportunity for states to renew their commitment to the
safe and timely interstate placements of children in
foster care and more expedient interstate placements
for private adoptions.
The new compact is intended to bring:
Uniformity to the process
Accountability
Continued Reciprocity
and insure Safe and Timely placements
And it has been endorsed by the Executive Committees of
the
Nat. Council of State Human Services
Nat. Association of Public Child Welfare
Administrators
Nat. Association of Administers of the ICPC
American Academy of Adoption Attorneys
HIGHLIGHTED CHANGES
PROVIDES FOR:
Administrative Rule making and enforcement
Supervision services and Accountability
Option of Purchasing Services / HS and Supervision
Uniform Data Collection and Info Sharing
Guidelines involving Tribal Governments
Now 2 Type of Placement Evaluations, uniformity
Home Study
Assessment
Provides for Provisional Approvals, (assessments)
Specifies Choice of Law regarding interstate
issues
Rule Making /applicability of ICPC to US armed
Service Members
DELETED:
Applicability to private parent placements, with
relatives and non-
relatives, when the placement will not result in
an adoption.
Applicability to private parent placements to a
residential program.
Applicability to Foreign Adoptions
4:55:39 PM
CHAIR WILSON asked for an explanation of "administrative rules."
4:55:46 PM
MS. PICKERING explained that the administrative rules will be
created and published, subject to public comment, and that there
will be input from stakeholders. The rules are also subject to
change by a majority of state legislatures. Presently, without
administrative law, the state's representatives would meet and
make administrative decisions without the force of law; this led
to different interpretations and disputes between states. Ms.
Pickering continued to explain that the new compact calls for an
interstate commission to enforce uniformity, accountability, and
continued reciprocity, and will ensure the safe and timely
placement of children. Presently, there are many delays due to
the differences between policies from state to state. The new
compact has been endorsed by the executive committees of: the
American Public Human Services Association, the National
Association of Public Child Welfare Administrators, the
administrators of the Interstate Compact for the Placement of
Children, and the American Academy of Adoption Attorneys (AAAA).
4:58:01 PM
MS. PICKERING highlighted the changes in the new compact and
said that it now provides for: administrative rule making and
enforcement; supervision services, including frequency and
content; the option to purchase home study services; uniform
data collection and information sharing; guidelines involving
tribal government; guidelines on assessments; and provisional
approvals.
5:00:22 PM
REPRESENTATIVE CISSNA shared her experience that children who go
out-of-state without a proper home study are at risk.
5:01:54 PM
MS. PICKERING agreed that case workers need to request
sufficient information for proper placement; a placement should
not be made with an insufficient home study. During out-of-
state placement there is also the risk of placing a child
without knowing about the provision of medical care and other
services.
5:02:53 PM
REPRESENTATIVE CISSNA asked whether the new compact will provide
for continued contact between a child placed out-of-state and a
former foster parent.
MS. PICKERING responded that the compact does not address
continuing relationships for the child. She expressed her
belief that this is an issue for the parties involved and the
case worker. Ms. Pickering continued to explain that the new
compact specifies the choice of law regarding interstate issues.
In answer to a question, she further explained that, with a
private adoption, the receiving state's adoption laws will take
precedence. In addition, the new compact deletes its
applicability to private parent placements with relatives and
non relatives, when the placement does not result in adoption.
5:05:17 PM
REPRESENTATIVE GARDNER referred to Indian Custodianship, a
Native family and federal law that allows a person to give
temporary, custodian, guardianship for a child at will. She
asked whether this law applies across state borders.
MS. PICKERING opined that this issue would have to be addressed
on an individual basis. Furthermore, she said she was
unfamiliar with this law and its effect in other states.
5:06:46 PM
REPRESENTATIVE GARDNER re-stated that this is a federal law, and
that it is revocable at will.
5:07:01 PM
MS. PICKERING continued to say that the new compact also deletes
private parent placement to residential programs and removes the
requirement that the Division of Juvenile Justice, Office of
Children's Services, needs to give approval to place a child in
a residential program. The final changes are that foreign
adoptions are no longer required to comply with the compact and
that there will be a requirement for oversight of the compact by
a state advisory committee.
5:08:04 PM
REPRESENTATIVE CISSNA recalled that [the Bring the Kids Home
Program] is a party to the placement of children in out-of-state
private residential treatment centers.
MS. PICKERING agreed that the Bring the Kids Home Project is an
effort to analyze the community treatment of kids as an
alternative to sending them out-of-state.
5:09:46 PM
REPRESENTATIVE CISSNA asked whether there is a contradiction
between the compact and the Bring the Kids Home Project.
CHAIR WILSON offered that, before kids are sent out-of-state,
there must be an evaluation.
5:10:11 PM
REPRESENTATIVE CISSNA asked whether Ms. Pickering was doing
evaluations.
MS. PICKERING said no.
REPRESENTATIVE GARDNER requested a copy of Ms. Pickering's
testimony.
[Although not formally stated, HB 50 was heard and held.]
5:10:36 PM
ADJOURNMENT
There being no further business before the committee, the House
Health, Education and Social Services Standing Committee*
meeting was adjourned at 5:10 p.m.
5:10:58 PM
| Document Name | Date/Time | Subjects |
|---|