Legislature(2023 - 2024)DAVIS 106
04/30/2024 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| Board of Social Work Examiners | |
| SB240 | |
| HB363 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 363 | TELECONFERENCED | |
| + | SB 240 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
April 30, 2024
3:09 p.m.
MEMBERS PRESENT
Representative Mike Prax, Chair
Representative Justin Ruffridge, Vice Chair
Representative CJ McCormick
Representative Dan Saddler
Representative Jesse Sumner
Representative Zack Fields
Representative Genevieve Mina
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Board of Social Work Examiners
Anne Well - Fairbanks
- CONFIRMATION(S) ADVANCED
CS FOR SENATE BILL NO. 240(HSS)
"An Act allowing minors 16 years of age or older to consent to
behavioral health and mental health services; authorizing school
personnel to recommend a behavioral health or mental health
professional to a child 16 years of age or older; and relating
to medical assistance coverage for rehabilitative, mandatory,
and optional services furnished or paid for by a school district
on behalf of certain children."
- HEARD & HELD
HOUSE BILL NO. 363
"An Act relating to the placement of foster children in
psychiatric hospitals."
- MOVED CSHB 363(HSS) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 240
SHORT TITLE: SCHOOL DISTRICT MEDICAL ASSISTANCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/19/24 (S) READ THE FIRST TIME - REFERRALS
02/19/24 (S) HSS
02/27/24 (S) HSS AT 3:30 PM BUTROVICH 205
02/27/24 (S) Heard & Held
02/27/24 (S) MINUTE(HSS)
03/12/24 (S) HSS AT 3:30 PM BUTROVICH 205
03/12/24 (S) Heard & Held
03/12/24 (S) MINUTE(HSS)
04/04/24 (S) HSS AT 3:30 PM BUTROVICH 205
04/04/24 (S) Moved CSSB 240(HSS) Out of Committee
04/04/24 (S) MINUTE(HSS)
04/08/24 (S) HSS RPT CS 2DP 1NR 1AM NEW TITLE
04/08/24 (S) AM: WILSON
04/08/24 (S) DP: GIESSEL, DUNBAR
04/08/24 (S) NR: KAUFMAN
04/22/24 (S) HSS CS ADOPTED Y13 N7
04/24/24 (S) TRANSMITTED TO (H)
04/24/24 (S) VERSION: CSSB 240(HSS)
04/26/24 (H) READ THE FIRST TIME - REFERRALS
04/26/24 (H) HSS
04/30/24 (H) HSS AT 3:00 PM DAVIS 106
BILL: HB 363
SHORT TITLE: FOSTER CHILDREN PSYCHIATRIC TREATMENT
SPONSOR(s): GRAY
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) HSS
03/14/24 (H) HSS AT 3:00 PM DAVIS 106
03/14/24 (H) Heard & Held
03/14/24 (H) MINUTE(HSS)
04/30/24 (H) HSS AT 3:00 PM DAVIS 106
WITNESS REGISTER
ANNE WELLS, Appointee
Board of Social Work Examiners
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Social Work Examiners.
EMILY RICCI
Deputy Commissioner, Department of Health
Juneau, Alaska
POSITION STATEMENT: Introduced SB 240 on behalf of the bill
sponsor, Senate Rules by request of the governor.
SENATOR CATHY GIESSEL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of the bill sponsor, Senate Rules
by request of the governor, offered information, answered
questions, and recommended an amendment during the hearing on SB
240.
STEVEN PEARCE, Director
Citizens Commission on Human Rights
Seattle, Washington
POSITION STATEMENT: Testified in opposition to SB 240.
HEATHER IRELAND, Executive Director
Anchorage School Based Centers
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 240.
LAURA RUSSELL, Assistant Attorney General
Human Services Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered committee questions during the
hearing on SB 240.
SHARON FISHEL
School Health and Safety
Innovation and Education Excellence
Department of Education
Juneau, Alaska
POSITION STATEMENT: Answered committee questions during the
hearing on SB 240.
MATT DAVIDSON, Legislative Liaison
Department of Family & Community Services
Juneau, Alaska
POSITION STATEMENT: Answered committee questions during the
hearing on SB 240.
KXLO STONE
Facing Foster Care in Alaska, Statewide Rep. on Youth Board
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 363.
BARBARA MALCHICK
Facing Foster Care in Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 363.
REPRESENTATIVE ANDREW GRAY
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered committee
questions on HB 363.
KIM SWISHER, Deputy Director
Office of Children's Services, Department of Family & Community
Services
Anchorage, Alaska
POSITION STATEMENT: Answered committee questions on HB 363.
ANA KARINA THOMPSON
Licensing Specialist, Department of Health
Anchorage, Alaska
POSITION STATEMENT: Answered committee questions on HB 363.
ACTION NARRATIVE
3:09:00 PM
CHAIR MIKE PRAX called the House Health and Social Services
Standing Committee meeting to order at 3:09 p.m.
Representatives Mina, Saddler, Sumner, Fields, Ruffridge,
McCormick, and Prax were present at the call to order.
^CONFIRMATION HEARING(S):
^Board of Social Work Examiners
CONFIRMATION HEARING(S)
BOARD OF SOCIAL WORK EXAMINERS
3:10:43 PM
CHAIR PRAX announced that the first order of business would be a
confirmation hearing for the governor's appointee to the Board
of Social Work Examiners.
3:10:57 PM
ANNE WELLS, Appointee, Board of Social Work Examiners, began her
testimony by giving her background and history in the field of
social work and spoke to her experiences during her tenure on
the board.
3:12:25 PM
REPRESENTATIVE FIELDS asked what the Steven A. Cohen Clinic was.
MS. WELLS answered that the Steven A. Cohen Clinic is an
outpatient mental health clinic facility that serves anyone
affiliated with a military member, active duty or veteran.
3:13:27 PM
REPRESENTATIVE MINA asked Ms. Wells what the biggest challenge
the board has faced during her membership on it.
MS. WELLS responded that both the challenge of retaining good
social workers in their field of work and the challenge of
changing certain regulations surrounding social workers in
Alaska have been the biggest issues facing the board.
3:15:03 PM
CHAIR PRAX asked Ms. Wells whether she was familiar with the
Anchorage Veterans Court.
MS. WELLS said that she wasn't aware of the court's existence
and said that she would look into the prospects that the court
presents the board.
3:15:50 PM
CHAIR PRAX opened public testimony on the confirmation hearing
for Anne Wells to the Board of Social Work Examiners. After
ascertaining that there was no one who wished to testify, he
closed public testimony.
3:16:34 PM
CHAIR PRAX stated that the House Health and Social Services
Standing Committee has reviewed the qualifications of the
governor's appointees and recommends that the following name be
forwarded to a joint session for consideration: Anne Wells,
Board of Social Work Examiners. He said that signing the report
regarding appointments to boards and commissions in no way
reflects an individual member's approval or disapproval of the
appointee, and the nomination is merely forwarded to the full
legislature for confirmation or rejection.
3:17:11 PM
The committee took an at-ease from 3:17 p.m. to 3:18 p.m.
SB 240-SCHOOL DISTRICT MEDICAL ASSISTANCE
3:18:46 PM
CHAIR PRAX announced that the next order of business would be CS
FOR SENATE BILL NO. 240(HSS), "An Act allowing minors 16 years
of age or older to consent to behavioral health and mental
health services; authorizing school personnel to recommend a
behavioral health or mental health professional to a child 16
years of age or older; and relating to medical assistance
coverage for rehabilitative, mandatory, and optional services
furnished or paid for by a school district on behalf of certain
children."
3:19:32 PM
EMILY RICCI, Deputy Commissioner, Department of Health, on
behalf of the bill sponsor, Senate Rules by request of the
governor, introduced SB 240 to the committee. She explained
that Section 5 of CSSB 240(HSS) is identical to HB 343, which
the House Health and Social Services Standing Committee heard
earlier in the current legislative session. She said that CSSB
240(HSS) would remove the existing requirement that Medicaid may
only reimburse schools for services that are covered in an
eligible student's individualized education plan (IEP). She
emphasized that the intent of CSSB 240(HSS) was to expand the
number of services for which a school might be able to seek
Medicaid reimbursement.
3:20:46 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, on behalf of
the bill sponsor, Senate Rules by request of the governor,
shared her experience working as a nurse practitioner within
high schools and middle schools in Anchorage. She explained
that one of her most pertinent tasks in those schools is to
screen the students for mental health conditions like anxiety,
depression, or suicidal ideation and said that she is able to
refer that student for behavioral health support if any of those
screening tools indicate a positive diagnosis. She clarified
that she was describing background information as a means to
explain the amendment she was about to recommend to the
committee and emphasized that mental health needs have risen
since she had started providing care in the Anchorage School
District (ASD) nine years ago. She provided specific examples
of personal situations that might affect a student's mental
health and said that often, parental consent is a major barrier
to proper treatment of a student's mental health condition. She
emphasized that one out of five students in Alaska have reported
a suicide attempt and explained that the amendment she was
recommending to the committee was the result of her experience
working as a clinician in the district. She read through a
series of proposals that could be made with the amendment and
described their necessity. She shared a series of prepared
statements by various mental health entities in Alaska and
emphasized that the amendment to CSSB 240(HSS) would empower
both children and parents to improve Alaska's collective mental
health.
3:41:56 PM
REPRESENTATIVE FIELDS asked how age 16 was chosen instead of age
14 or lower.
SENATOR GIESSEL answered that 16 was a more palatable age for
practitioners in Alaska.
3:42:55 PM
REPRESENTATIVE SADDLER asked why 16-year-old Alaskans shouldn't
be allowed to be prescribed their own mental health medication.
SENATOR GIESSEL replied that it is her philosophical belief as a
clinician that children are being medicated too much and said
that counseling is extremely effective.
REPRESENTATIVE SADDLER asked which was more effective:
counseling or mental health medication.
SENATOR GIESSEL answered that there is no comparison between
counseling and mental health medication.
3:47:08 PM
REPRESENTATIVE MINA commented her affirmation of the value of
counseling, especially for people who are not experiencing a
crisis and asked what percentage of at-home abusers are, for
example, parents, caregivers, and foster parents.
SENATOR GIESSEL said that she does not have that information.
3:48:28 PM
REPRESENTATIVE RUFFRIDGE asked where schools are going to find
mental health professionals to employ, given a declining public
school budget and a lack of qualified professionals in Alaska.
SENATOR GIESSEL answered that schools in Alaska would hire
clinicians and pass the cost off to Medicaid. She said that the
primary intention of SB 240 was to increase the amount of social
workers in public schools without any extra cost to the schools.
REPRESENTATIVE RUFFRIDGE asked how CSSB 240(HSS) would help
rural students in Alaska experiencing mental health problems.
SENATOR GIESSEL replied that the state would work
collaboratively with tribal health entities and provide
telehealth services to students in need of them.
3:55:10 PM
REPRESENTATIVE SADDLER asked whether there is evidence to
support that behavioral health intervention lowers the rate of
suicide.
SENATOR GIESSEL answered that there is no way to track the
number of suicides prevented and explained that behavioral
health treatment is meant as an intervention to stop mental
health issues before they develop into suicidal ideation.
3:59:49 PM
REPRESENTATIVE FIELDS commented on Representative Saddler's
question by referencing a meta-analysis found through an online
search engine and other studies that find that talk therapy
reduces the risk of suicide.
4:00:58 PM
REPRESENTATIVE RUFFRIDGE said that he has reservations with the
age of consent being 16 with regard to a child's agency in their
own medical decisions and asked what the barrier to proper
children's mental health treatment in Alaska is.
SENATOR GIESSEL answered that the main barrier to proper mental
health treatment of a child is often the parents' inaction and
the child's reluctance to receive any treatment at all. She
explained that there are many adverse consequences that come
from a child who might not have access to behavioral health
services and said that the goal of CSSB 240(HSS) is to prevent a
child from "going over the waterfall" of mental health.
REPRESENTATIVE RUFFRIDGE recalled that he had things that he
didn't want to share with his parents and shared his concern
that a barrier might still exist in CSSB 240(HSS) for kids to
trust the process of mental health treatment.
4:07:37 PM
The committee took an at-ease from 4:07 p.m. to 4:09 p.m.
4:09:03 PM
CHAIR PRAX opened public testimony on SB 240.
4:09:24 PM
STEVEN PEARCE, Director, Citizens Commission on Human Rights,
testified in opposition to SB 240. He explained his background
in mental health advocacy and psychiatric care. He shared his
belief that it would be dangerous to allow students aged 16 and
older to make their own psychiatric decisions.
4:13:15 PM
HEATHER IRELAND, Executive Director, Anchorage School Based
Centers, testified in support of SB 240. She said that the
bill's provision to allow for students aged 16 and older to
consent for their own psychiatric care is important and urged
the committee's support of the proposed legislation.
4:15:25 PM
The committee took an at-ease from 4:15 p.m. to 4:16 p.m.
4:16:19 PM
CHAIR PRAX, after ascertaining that there was no one else who
wished to testify, closed public testimony on SB 240.
4:16:59 PM
CHAIR PRAX moved to adopt Amendment 1 to CSSB 240(HSS), labeled
33-GS2369/B.1, Bergerud, 4/30/24, which read as follows:
Page 1, lines 1 - 3:
Delete "allowing minors 16 years of age or older
to consent to behavioral health and mental health
services; authorizing school personnel to recommend a
behavioral health or mental health professional to a
child 16 years of age or older; and"
Page 1, line 7, through page 3, line 17:
Delete all material.
Page 3, line 18:
Delete "Sec. 5"
Insert "Section 1"
REPRESENTATIVE FIELDS objected.
REPRESENTATIVE FIELDS explained that there are multiple
circumstances where it might not make sense or be feasible to
get consent from a minor's parents to get care. He noted that
the current language in CSSB 240(HSS) directs a healthcare
provider that is providing services for someone aged 16-18 to
contact the minor's parents regardless of the proposed
amendment.
4:21:14 PM
REPRESENTATIVE RUFFRIDGE asked whether parental consent was
required for the billing of Medicaid services.
MS. RICCI answered that SB 240 does not address federal
requirements related to the Family Educational Rights Privacy
Act (FERPA).
REPRESENTATIVE RUFFRIDGE asked whether a clinician providing
services to 16- and 17-year-old students would be allowed to be
reimbursed by Medicaid if Amendment 1 were not adopted.
MS. RICCI replied that the school district would not be able to
bill Medicaid for any confidential services provided.
4:24:27 PM
REPRESENTATIVE SUMNER asked who would pay for the services
provided if Medicaid does not reimburse the service.
MS. RICCI explained that it would depend on how the school is
providing the service and said that it would most likely fall on
the district.
4:25:49 PM
CHAIR PRAX asked whether a school might end up with legal
liability if a parent does not consent to the services provided
to a student.
LAURA RUSSELL, Assistant Attorney General, Human Services
Section, Civil Division (Anchorage), Department of Law, answered
that there are a variety of structures related to behavioral
health services and explained that it would be conjecture for
her to speculate on which entity might absorb the financial
liability of the services that a student has received.
CHAIR PRAX asked who would be liable to the parent if a child is
not eligible for Medicaid and the school is a legal provider.
MS. RUSSELL explained that the statute addressed in sections
three and four of CSSB 240(HSS) provide five exceptions in which
a student is exempt from obtaining parental consent.
4:29:42 PM
REPRESENTATIVE FIELDS directed the committee members' attention
to language on page 3, line 15 of CSSB 240(HSS) and explained
that the parental consent language would be maintained
regardless of whether or not the proposed amendment is adopted.
REPRESENTATIVE SADDLER asked who would be responsible for the
cost of mental health treatment outside of Medicaid services and
asked whether CSSB 240(HSS) would address only children who are
covered by Medicaid.
MS. RICCI replied that she didn't want to speculate on how the
services might be paid for and explained that the proposed
amendment is not limited to children covered by Medicaid.
REPRESENTATIVE SADDLER asked why the proposed legislation should
be passed if there is an uncertainty as to who is meant to pay
for the services outlined by the law.
MS. RICCI explained that who might pay for the services is
greatly dependent on the child, school district, and behavioral
health provider and said that it would ultimately come down to
whatever contract agreement was reached between the clinician
and the school district.
4:34:10 PM
REPRESENTATIVE RUFFRIDGE asked whether counseling services are
currently funded by public education funding.
SHARON FISHEL, School Health and Safety, Innovation and
Education Excellence, Department of Education, answered that
there is no other funding available beside public school
funding.
4:35:55 PM
REPRESENTATIVE SADDLER asked how many behavioral health
professionals are working within the public school system and
what it means for a mental health professional to work within a
school system.
MS. FISHEL answered by giving a number of examples related to
statistics surrounding mental health services in public schools.
4:38:34 PM
CHAIR PRAX asked whether there could be liability for a mental
health clinician not responding to a known problem of mental
health just because the student's parents didn't consent to the
treatment.
MS. RUSSEL answered that CSSB 240(HSS) and Amendment 1 would
neither mandate provisions of services nor create an affirmative
duty to provide services, rather the two would provide
permissive language to allow a school to provide services if it
so pleases.
CHAIR PRAX asked whether a mental health clinician would be
required to report a parent that doesn't allow their child to
seek mental health treatment to the Office of Children's
Services (OCS).
MS. RUSSEL explained that the proposed legislation and the
proposed amendment would not change existing obligations
surrounding mandatory reporting.
4:43:57 PM
MS. RICCI noted that page three, lines 6 through 8 of CSSB
240(HSS) are addressed by the proposed amendment and require
that a clinician note in a student's file any concerns regarding
their mental health.
REPRESENTATIVE SADDLER pointed to page 2, line 29 of CSSB
240(HSS) and shared his concern that the proposed legislation
would allow for Alaskans aged 16 and 17 to give consent.
MS. RICCI replied that Section 5 of the proposed legislation
would ensure that the extent of the consent a 16- or 17-year-old
would be allowed to give would encompass only their own mental
health treatment.
4:46:02 PM
MS. RUSSEL affirmed that Ms. Ricci's answer was correct.
4:46:51 PM
CHAIR PRAX asked whether the proposed amendment would create a
greater risk of someone being reported to OCS.
MATT DAVIDSON, Legislative Liaison, Department of Family &
Community Services (DFCS), answered that the proposed amendment
would not change anything related to the duty to report to OCS.
4:48:33 PM
REPRESENTATIVE SADDLER questioned where the line is drawn
between a parent's responsibility to care for their children and
the state's obligation to step in and help students.
REPRESENTATIVE MCCORMICK opined that young people are perfectly
capable of recognizing mental health issues that they might be
facing.
4:52:39 PM
REPRESENTATIVE MINA expressed her intention to vote against
Amendment 1 and shared her belief that lowering the age of
consent for behavioral health services is a good idea. She
shared her concern for a scenario in which a child might not be
able to get access to care because of a barrier created by the
proposed amendment.
4:54:56 PM
REPRESENTATIVE RUFFRIDGE shared his support for Amendment 1 to
CSSB 240(HSS) and said that he thinks that while CSSB 240(HSS)
is not the answer to how to help young people experiencing
mental health issues, it is a good place to start.
REPRESENTATIVE MCCORMICK proffered that the idea that parents
should be involved [in a minor's decisions regarding their own
mental health treatment and services] comes from a very
privileged perspective.
5:00:05 PM
REPRESENTATIVE FIELDS said that if the proposed amendment were
to be passed, the legislature would effectively be denying care
to children who are living in circumstances of neglect or abuse.
5:00:43 PM
REPRESENTATIVE SADDLER shared his understanding that the
proposed amendment would not make informed consent mandatory.
REPRESENTATIVE FIELDS corrected his previous statement on
Amendment 1 and said that it would not be mandatory for a school
report.
5:01:57 PM
The committee took an at-ease from 5:01 p.m. to 5:07 p.m.
5:07:59 PM
REPRESENTATIVE RUFFRIDGE moved to table Amendment 1 to CSSB
240(HSS).
REPRESENTATIVE PRAX asked Representative Sumner if he had any
objection to Amendment 1.
REPRESENTATIVE SUMNER [objected to the motion to table Amendment
1].
5:08:41 PM
The committee took a brief at-ease at 5:08 p.m.
5:08:58 PM
REPRESENTATIVE SUMNER removed his objection to the motion to
table Amendment 1 to CSSB 240(HSS). There being no further
objection, Amendment 1 was tabled.
5:09:32 PM
REPRESENTATIVE MCCORMICK asked Chair Prax if there could be an
extension of the amendment deadline.
CHAIR PRAX said that he would be okay with an extension of the
amendment deadline.
5:09:47 PM
The committee took two consecutive at-eases from 5:09 p.m. to
5:11 p.m.
[CSSB 240(HSS), with Amendment 1 tabled, was held over.]
5:10:39 PM
The committee took an at-ease from 5:10 p.m. to 5:11 p.m.
HB 363-FOSTER CHILDREN PSYCHIATRIC TREATMENT
5:11:44 PM
CHAIR PRAX announced that the next order of business would be
HOUSE BILL NO. 363, "An Act relating to the placement of foster
children in psychiatric hospitals."
5:12:40 PM
CHAIR PRAX opened public testimony on HB 363.
KXLO STONE, Facing Foster Care in Alaska, Statewide
Representative on Youth Board, testified in support of HB 363.
She explained her background in foster care and her own personal
experiences with the Alaska foster care system. She emphasized
the adverse living conditions of foster care facilities in
Alaska and explained how it negatively affects foster children
in Alaska. She highlighted the importance of the proposed
bill's provision for a 5-day limit on a hearing from the Office
of Children's Services (OCS.)
5:15:18 PM
BARBARA MALCHICK, Facing Foster Care in Alaska, testified in
support of HB 363. She described the process that a foster
child is put through upon their admittance into Alaska's foster
care system and emphasized the negative impact that months-long
hearing delays have on foster children. She explained the
changes that HB 363 would make on the current structure of a
foster child's hearing process and offered the committee
comparison to other countries' foster child hearing processes.
5:20:30 PM
CHAIR PRAX, after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 363.
5:20:37 PM
REPRESENTATIVE ANDREW GRAY, Alaska State Legislature, as prime
sponsor of HB 363, asked for the will of the committee on its
decision to move HB 363 out of committee.
5:21:00 PM
The committee took a brief at-ease at 5:21 p.m.
5:21:49 PM
REPRESENTATIVE RUFFRIDGE moved to adopt Amendment 1 to HB 363,
labeled,33-LS1049/S.1, Bergerud, 4/30/24 which read as follows:
Page 2, lines 24 - 25:
Delete "48 hours"
Insert "five days"
Page 2, lines 28 - 29:
Delete "48-hour period"
Insert "five-day period"
Page 2, line 31:
Delete "48-hour period"
Insert "five-day period"
Page 3, line 1:
Delete "48 hours, the 48-hour period"
Insert "five days, the five-day period"
Page 3, lines 2 - 4:
Delete "The court may grant one request to
continue the hearing for up to two business days if
necessary to secure the attendance of the child, a
party, or a material witness."
Page 3, line 9:
Delete "based on"
Insert "after considering"
Page 3, line 10, following "professional,":
Insert "or upon the written report of a mental
health professional if the child and all parties agree
the report may be relied on,"
Page 3, line 14, following "untreated.":
Insert "If the court does not make the necessary
findings, the court shall order the department to
transfer the child to another appropriate setting that
is in the best interests of the child."
REPRESENTATIVE MCCORMICK objected.
5:22:13 PM
REPRESENTATIVE GRAY informed Representative McCormick, "This is
a friendly amendment at the request of the sponsor."
5:22:25 PM
REPRESENTATIVE SUMNER moved to adopt Conceptual Amendment 1 to
Amendment 1, to delete lines 5-9 on page 2 [as numbered on
Amendment 1].
REPRESENTATIVE FIELDS objected.
5:23:03 PM
The committee took a brief at-ease at 5:23 p.m.
5:23:54 PM
REPRESENTATIVE FIELDS asked the bill sponsor for his opinion on
the proposed Conceptual Amendment 1 to Amendment 1.
REPRESENTATIVE GRAY said that he understood the reason behind
the proposed amendment and explained that Conceptual Amendment 1
to Amendment 1 would strike important bill language regarding
placement and housing of foster children. He said that he would
not oppose the proposed conceptual amendment.
REPRESENTATIVE FIELDS withdrew his objection.
5:25:33 PM
REPRESENTATIVE FIELDS commented that he has a subsequent
amendment that is designed to address the lack of suitable
facilities.
REPRESENTATIVE RUFFRIDGE shared his concern that the legislation
might put an undue stress on the Alaska foster care court
system.
5:27:52 PM
REPRESENTATIVE MINA asked whether OCS could speak to the
possibility of a foster child being left to wait in the court
system.
5:29:46 PM
KIM SWISHER, Deputy Director, Office of Children's Services,
Department of Family & Community Services, answered that OCS
sometimes experiences an inappropriate level of care placement
for a child and explained how OCS works with psychiatric
hospitals to deliver the proper care for a foster child.
5:31:28 PM
REPRESENTATIVE FIELDS commented that he would vote no on
Conceptual Amendment 1 to Amendment 1.
A roll call vote was taken. Representatives Ruffridge, Sumner,
and Prax voted in favor of Conceptual Amendment 1 to Amendment 1
to HB 363. Representatives Fields, Mina, and McCormick voted
against it. Therefore, Conceptual Amendment 1 to Amendment 1
failed by a vote of 3-3.
5:33:06 PM
REPRESENTATIVE RUFFRIDGE [moved to withdraw] Amendment 1.
[There being no objection, Amendment 1 was withdrawn.]
5:33:25 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 2 to HB 363,
labeled 33-LS1049/S.2, Bergerud, 4/30/24, which read as follows:
Page 1, line 1, following "hospitals;":
Insert "relating to the care of children in state
custody placed in residential facilities outside the
state;"
Page 3, following line 18:
Insert a new bill section to read:
"* Sec. 4. AS 47.14.112(d) is amended to read:
(d) The division of the department with
responsibility over the custody of children shall
prepare and make available to the legislature an
annual report on employee recruitment and retention,
including a five-year plan, for the division. Not
later than November 15 of each year, the department
shall deliver the report to the senate secretary and
the chief clerk of the house of representatives and
notify the legislature that the report is available.
The report prepared under this subsection is separate
from the annual report to the legislature required
under AS 18.05.020 and must include, for the previous
12 months,
(1) the number of frontline social workers
employed by the division, the annual average turnover
rate of the workers, and the average caseload of the
workers on January 1 and July 1 of that year;
(2) the number of children removed from
their homes;
(3) the achievement of success measured by
the following:
(A) rate of family reunification;
(B) average length of time children spent
in custody of the department;
(C) rate of placement with an adult family
member or family friend;
(D) number of children placed in a
permanent living arrangement with a guardian or
biological or adoptive parent;
(E) number of children released from the
custody of the department;
(4) if the department has met or exceeded
the caseload standards under this chapter and, if the
standards were exceeded, the number of caseworker
positions in the division that could be eliminated and
the amount of funding that could be reduced while
continuing to meet but not routinely exceed the
caseload standards;
(5) the performance of the department on
federal benchmarks focused on the safety, well-being,
and permanent placements of foster children compared
with the previous five years;
(6) the number of children placed in
residential facilities providing care for children
outside the state."
Renumber the following bill section accordingly.
REPRESENTATIVE RUFFRIDGE objected for the purpose of discussion.
REPRESENTATIVE FIELDS explained that the proposed amendment
would track the statistics surrounding foster care services
provided to children in Alaska's foster care system.
5:35:03 PM
REPRESENTATIVE RUFFRIDGE removed his objection. There being no
further objection, Amendment 2 was adopted.
5:35:33 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 3 to HB 363,
labeled 33-LS1049/S.3, Bergerud, 4/30/24, which read as follows:
Page 1, line 1, following "Act":
Insert "establishing the Family First Prevention
Services Team;"
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 44.30.020 is amended by adding a
new subsection to read:
(c) The Department of Family and Community
Services shall establish the Family First Prevention
Services Team, consisting of department employees,
that shall be responsible for ongoing plan submission,
assessment, communication with agency partners,
evaluation, and reporting requirements under P.L. 115-
123 (Family First Prevention Services Act)."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 4, following line 16:
Insert a new bill section to read:
"* Sec. 6. The uncodified law of the State of
Alaska is amended by adding a new section to read:
CHILD WELFARE PREVENTION PROGRAM SCAN AND FAMILY
FIRST PREVENTION SERVICES PLAN SUBMISSION. (a) The
Department of Family and Community Services shall
contract with a third-party review agency to conduct a
comprehensive scan of all child welfare prevention
programs in the state identified by the United States
Department of Health and Human Services, Children's
Bureau. The scan must include evaluation of any
curriculum used by the program, staff qualifications
and workloads, targeted population identification, and
methods of outreach, data collection, organizational
management and evaluation, and reporting procedures.
The scan must be completed not later than January 1,
2025.
(b) Not later than July 1, 2025, the Family
First Prevention Services Team established in
AS 44.30.020(c), added by sec. 1 of this Act, shall
submit to the United States Department of Health and
Human Services, Children's Bureau, a Family First
Prevention Services Title IV-E Prevention Plan for
approval."
REPRESENTATIVE RUFFRIDGE object for the purpose of discussion.
REPRESENTATIVE FIELDS explained that Amendment 3 would establish
a team based around the concept of "family first" foster care
prevention services. He said that the proposed amendment would
involve only one department instead of two and highlighted that
the solution was suggested by a report, titled "Reimagining
Child Services in Alaska."
5:39:09 PM
REPRESENTATIVE SUMNER asked whether OCS would have the funding
to achieve the proposed amendment's goals.
REPRESENTATIVE FIELDS explained that OCS is already working on
ensuring funding for a team like the one proposed under
Amendment 3.
REPRESENTATIVE SUMNER asked what the "family first" title means
in reference to the foster care prevention plan under Amendment
3.
REPRESENTATIVE FIELDS answered that the term refers to a team
that would keep kids safe and healthy in their foster homes.
5:41:24 PM
MS. SWISHER explained that Amendment 3 would be vital in the
establishment of a safer foster care system in Alaska. She said
that there are currently only three practices in Alaska that
independently verify the safety of foster homes and emphasized
that the services have been proven to be effective .
5:44:34 PM
REPRESENTATIVE SUMNER shared his understanding that the money
would be spent to create a plan for the teams, not on the actual
establishment of the teams.
MS. SWISHER confirmed that Representative Sumner's understanding
was correct and said that OCS would not be opposed to reviewing
the propositions resulting from Amendment 3 in the future.
REPRESENTATIVE FIELDS [moved to withdraw] Amendment 3. [There
being no objection, Amendment 3 was withdrawn.]
5:45:39 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 4 to HB 363,
labeled 33-LS1049/S.4, Bergerud, 4/30/24, which read as follows:
Page 1, line 1, following "Act":
Insert "establishing a revolving loan fund for
the construction of residential psychiatric facilities
for minors in the Alaska Mental Health Trust
Authority;"
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 44.25 is amended by adding a new
section to read:
Sec. 44.25.293. Psychiatric treatment center
revolving loan fund. (a) The psychiatric treatment
center revolving loan fund is created in the
authority. The authority shall administer the fund and
shall use the fund to award loans to in-state entities
for the establishment and expansion of residential
psychiatric treatment facilities for minors. The fund
consists of money appropriated to the fund, including
loan payments and interest earned on the fund.
(b) A loan awarded under this section may not
exceed
(1) $500,000 if the loan is for the
construction of a new facility; or
(2) $50,000 if the loan is for an existing
facility that is establishing or expanding services to
minors.
(c) The authority may not award a loan under
this section to an entity that has an existing unpaid
loan under this section or to a for-profit
corporation.
(d) An entity is eligible each calendar year for
not more than two loans made under (b)(1) of this
section and not more than five loans made under (b)(2)
of this section.
(e) In awarding loans under this section, the
authority shall prioritize loans for a construction
project in a region in which no residential
psychiatric treatment facility for minors exists. A
facility that provides treatment to adults is eligible
to receive a loan under this section if the facility's
primary mission is to provide psychiatric care to
minors and the facility submits documentation to the
authority showing that residents who are minors are
physically separated in the facility from residents
who are adults.
(f) The terms of a loan awarded under this
section must require the loan to be repaid over a
period of not less than five years and not more than
10 years. The authority shall provide for interest
rates for loans awarded under this section that are
less than the current market rate as determined by the
authority.
(g) In this section,
(1) "adult" means an individual who is 18
years of age or older;
(2) "minor" means an individual under 18
years of age."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
REPRESENTATIVE FIELDS explained that the proposed amendment
would establish a revolving loan fund for the construction of
residential psychiatric facilities for minors in Alaska. He said
that intention of Amendment 4 was to create a place where the
State could both make investments and expand the treatment
capacity of the State.
REPRESENTATIVE SUMNER opined that the 500,000 dollar figure
proposed by Amendment 4 was not enough to build a psychiatric
facility.
5:47:50 PM
REPRESENTATIVE RUFFRIDGE said that he was supportive of
Amendment 4 when he saw "Alaska Mental Health Trust Authority"
(AMHTA) but was disappointed when he learned that the proposed
fund would come from the General Fund of the Permanent Fund.
REPRESENTATIVE FIELDS said that he would be supportive of funds
coming from AMHTA.
5:49:57 PM
REPRESENTATIVE PRAX shared his concern that the proposed
amendment would create a new fiscal note for HB 363.
5:50:09 PM
MS. SWISHER recommended the question be answered by a
representative from the Department of Health (DOH) but added
that she is unsure of the necessity of the proposed amendment.
5:50:41 PM
REPRESENTATIVE RUFFRIDGE said that he probably wouldn't be in
support of the proposed amendment.
5:51:07 PM
REPRESENTATIVE MINA commented that she likes the ideas that the
proposed amendment puts forward.
5:51:24 PM
REPRESENTATIVE SUMNER asked whether the proposed revolving loan
funds proposed under Amendment 4 would be restricted to use only
on construction.
5:52:02 PM
REPRESENTATIVE FIELDS answered that the revolving loan fund was
initially created with the idea of construction in mind, though
it could be used for different applications in the future.
5:52:37 PM
REPRESENTATIVE SUMNER asked Representative Gray for his opinion
on Amendment 4.
5:52:41 PM
REPRESENTATIVE GRAY replied that he would support whatever the
will of the committee is.
REPRESENTATIVE SUMNER shared his understanding that there is a
high likelihood of a fiscal note being created if Amendment 4
were adopted.
5:53:53 PM
CHAIR PRAX opined that it would likely create a new fiscal note
for HB 363.
REPRESENTATIVE FIELDS said that the creation of a fiscal note is
a subjective speculation to make and takes into account many
logistical considerations.
5:55:04 PM
REPRESENTATIVE SUMNER offered his understanding that the
presumption of the committee was that a fiscal note would be
added to a piece of legislation if said legislation required
funding.
5:56:04 PM
CHAIR PRAX sought confirmation that Amendment 4 would generate a
fiscal note for HB 363.
ANA KARINA THOMPSON, Licensing Specialist, Department of Health,
answered that the proposed amendment would likely generate a
fiscal note.
REPRESENTATIVE FIELDS [moved to withdraw] Amendment 4. [There
being no objection, Amendment 4 was withdrawn.]
5:57:12 PM
CHAIR PRAX asked whether it was the will of the committee to
move HB 363 out of committee.
REPRESENTATIVE RUFFRIDGE moved to report HB 363, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
363(HSS) was reported out of the House Health and Social
Services Standing Committee.
5:58:28 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 5:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Anne Wells Social Work Resume_Redacted.pdf |
HHSS 4/30/2024 3:00:00 PM |
Governor's Appointee |
| Anne Wells Social Work App_Redacted.pdf |
HHSS 4/30/2024 3:00:00 PM |
Governor's Appointee |
| SB 240 Fiscal Note DOH-MAA.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Fiscal Note DOH-MS.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Fiscal Note EED-SSA.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Letter of Support - ACT.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Sectional Analysis Version B.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Sponsor Statement Version A.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Trust LOS 2.26.24.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Version B.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB240 Summary Version A.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| HB 363 Amendment S.1 #1.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| SB 240 Amendment B.1 #1.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| HB 363 Kwinghagak v. OCS Court Case.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Amendment S.2 #2.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Amendment S.3 #3.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Amendment S.4 #4.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Roque Support.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| SB 240 ANC School Testimony.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| HB 346 Sponsor Follow Up.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 346 |