Legislature(2005 - 2006)SENATE FINANCE 532

04/24/2006 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT TELECONFERENCED
Moved SCS CSHB 408(FIN) Out of Committee
+= SB 231 BUDGET: CAPITAL & OTHER APPROPRIATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                            MINUTES                                                                                           
                    SENATE FINANCE COMMITTEE                                                                                  
                         April 24, 2006                                                                                       
                           9:06 a.m.                                                                                          
                                                                                                                                
                                                                                                                              
CALL TO ORDER                                                                                                               
                                                                                                                                
Co-Chair  Lyda  Green  convened   the  meeting  at  approximately                                                               
9:06:34 AM.                                                                                                                   
                                                                                                                                
PRESENT                                                                                                                     
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Gary Wilken, Co-Chair                                                                                                   
Senator Con Bunde, Vice Chair                                                                                                   
Senator Bert Stedman                                                                                                            
Senator Lyman Hoffman                                                                                                           
Senator Fred Dyson                                                                                                              
                                                                                                                                
Also  Attending:   GINGER  BLAISDELL,  Staff  to Co-Chair  Green;                                                             
RYNNIEVA  MOSS,  Staff  to  Representative  John  Coghill;  TAMMY                                                               
SANDOVAL,  Deputy Commissioner,  Office  of Children's  Services,                                                               
Department of Health and Social Services                                                                                        
                                                                                                                                
Attending  via  Teleconference:   There  were  no  teleconference                                                             
participants.                                                                                                                   
                                                                                                                                
SUMMARY INFORMATION                                                                                                         
                                                                                                                                
SB 231-BUDGET: CAPITAL & OTHER APPROPRIATIONS                                                                                   
                                                                                                                                
The  Committee   heard  an  overview  of   a  proposed  committee                                                               
substitute. The bill was held in Committee.                                                                                     
                                                                                                                                
HB 408-DEFINITION OF CHILD ABUSE AND NEGLECT                                                                                    
                                                                                                                                
The  Committee  heard from  the  sponsor  and the  Department  of                                                               
Health and Social  Services. Two amendments were  adopted and the                                                               
bill was reported from Committee.                                                                                               
                                                                                                                                
                                                                                                                                
9:07:00 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE BILL NO. 231                                                                                                        
     "An   Act    making   appropriations,    including   capital                                                               
     appropriations and  appropriations to capitalize  funds; and                                                               
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was the second hearing for this bill in the Senate Finance                                                                 
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Green announced that a committee substitute would be                                                                   
released for review.                                                                                                            
                                                                                                                                
GINGER BLAISDELL, Staff to Co-Chair Green, outlined the proposed                                                                
CS SB 231, 24-GS2034\F, as follows.                                                                                             
                                                                                                                                
     Section 1 includes  the capital projects as  adjusted to the                                                               
     Governor's capital bill  (SB 231). The start  date for these                                                               
     projects   is  July   1,  2006.   Generally,  all   deferred                                                               
     maintenance  was combined  into a  single appropriation  for                                                               
     each  agency   and  was  fully  funded   at  the  Governor's                                                               
     requested level.                                                                                                           
                                                                                                                                
     Section 4 includes  the capital projects as  adjusted to the                                                               
     Governor's  regular supplemental  bill (SB  263). The  start                                                               
     date for these projects is immediate.                                                                                      
                                                                                                                                
     Section  7 includes  the operating  projects as  adjusted to                                                               
     the  Governor's regular  supplemental  (SB  263). The  start                                                               
     date  for   these  projects  is   immediate.  Some   of  the                                                               
     Governor's  requested  supplemental  items are  still  under                                                               
     review  by  the  House  and Senate  Co-Chairs  and  will  be                                                               
     considered for addition in the  next version of this capital                                                               
     bill (SB 231).                                                                                                             
                                                                                                                                
     Sections  10 -  25  are the  language  sections and  include                                                               
     provisions  that become  effective immediately  (from FY  06                                                               
     supplemental   requests),  fund   transfer  provisions   and                                                               
     reappropriations  that will  become  effective  on June  30,                                                               
     2006, and some  language that will become  effective July 1,                                                               
     2007.                                                                                                                      
                                                                                                                                
     District  Reappropriations  begin  with  Section  26  -  42.                                                               
     Please double check  this section to ensure  that your local                                                               
    communities' reappropriations are included as requested.                                                                    
                                                                                                                                
     Section  43 is  the language  for the  Constitutional Budget                                                               
     Reserve for  FY 06 and  FY 07  and includes an  increase for                                                               
     the Department of Revenue,  treasury division for investment                                                               
     fee increases.                                                                                                             
                                                                                                                                
     All  projects that  will  be included  in  the Tobacco  Bond                                                               
     legislation  have been  removed  from this  bill. The  House                                                               
     will complete  their work on  the Tobacco Bond bill  and add                                                               
     the projects before  it is forwarded to the  Senate. We will                                                               
     work  closely  with the  House  to  coordinate projects  and                                                               
     insure inclusion in both bills.                                                                                            
                                                                                                                                
     Legislative priorities will be included  in the next CS that                                                               
     will be  provided on Wednesday or  Thursday. Amendments will                                                               
     be  heard on  Saturday morning  beginning at  9:00am. Please                                                               
     have all  amendments to  my office  by 4:00pm  Friday, April                                                               
     28th.                                                                                                                      
                                                                                                                                
     Tomorrow  and  Wednesday  we will  hear  from  the  agencies                                                               
     regarding   the  committee's   changes  to   the  Governor's                                                               
     requested  capital projects  and FY  07 supplemental  needs.                                                               
     Each  agency  should take  no  longer  than 10  minutes  and                                                               
     discuss  only critical  needs. The  order of  testimony will                                                               
     be:                                                                                                                        
                                                                                                                                
          Tuesday:                                                                                                              
          Department of Corrections                                                                                             
         Department of Education and Early Development                                                                          
         Department of Labor and Workforce Development                                                                          
          Department of Commerce, Community and Economic                                                                        
          Development                                                                                                           
          Department of Environmental Conservation                                                                              
          Department of Natural Resources                                                                                       
          Department of Transportation and Public Facilities                                                                    
                                                                                                                                
          Wednesday:                                                                                                            
          University of Alaska                                                                                                  
          Department of Law                                                                                                     
          Department of Public Safety                                                                                           
          Department of Revenue                                                                                                 
          Department of Administration                                                                                          
          Alaska Court System                                                                                                   
          Department of Fish and Game                                                                                           
          Department of Health and Social Services                                                                              
          Department of Military and Veterans Affairs                                                                           
                                                                                                                                
     Thursday  and  Friday  we will  hear  public  testimony.  If                                                               
     public testimony  is brief  we will  continue to  hear other                                                               
     bills in committee.                                                                                                        
                                                                                                                                
No action was  taken on the proposed committee  substitute or the                                                               
bill.                                                                                                                           
                                                                                                                                
The bill was HELD in Committee.                                                                                                 
                                                                                                                                
AT EASE 9:13:11 AM / 9:14:17 AM                                                                                             
                                                                                                                                
9:14:23 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 408(JUD)                                                                               
     "An  Act  relating to  the  standard  of proof  required  to                                                               
     terminate   parental   rights   in   child-   in-need-of-aid                                                               
     proceedings; relating to a  healing arts practitioner's duty                                                               
     to report a child adversely  affected by or withdrawing from                                                               
     exposure to  a controlled substance or  alcohol; relating to                                                               
     disclosure of  confidential or privileged  information about                                                               
     certain  children by  the Departments  of Health  and Social                                                               
     Services  and  Administration;  relating to  permanent  fund                                                               
     dividends  paid to  foster  children  and adopted  children;                                                               
     relating  to  child  abuse  or  neglect  investigations  and                                                               
     training;  amending Rule  18, Alaska  Child in  Need of  Aid                                                               
     Rules of Procedure; and providing for an effective date."                                                                  
                                                                                                                                
                                                                                                                                
This was the  second hearing for this bill in  the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
RYNNIEVA MOSS,  Staff to  Representative John  Coghill, testified                                                               
that  this legislation,  introduced  at the  request of  Governor                                                               
Murkowski, matches  attempts Representative Coghill  made several                                                               
years  prior to  raise  the standard  for  "not providing  family                                                               
support services"  from "a preponderance  of evidence"  to "clear                                                               
and  convincing"  evidence. The  intent  is  that the  Office  of                                                               
Children's  Services   make  every   effort  to   provide  family                                                               
preservation services and reunite  children with family or family                                                               
members rather than non-family placements.                                                                                      
                                                                                                                                
Ms. Moss  reiterated the detailed  explanation of the  bill given                                                               
at the previous  hearing at the direction of  Co-Chair Green. The                                                               
provision  of   Section  4  was   inserted  at  the   request  of                                                               
Representative  Chenault,  relating  to  legislation  passed  the                                                               
previous legislative session allowing  public officials and their                                                               
employees  to obtain  information from  the Department  of Health                                                               
and Social Services  on behalf of parents.  The proposed language                                                               
stipulates  a five-day  response requirement  to these  requests.                                                               
The Office  of Children's Services has  indicated such compliance                                                               
would be possible  because the new computer  system improves data                                                               
management.                                                                                                                     
                                                                                                                                
Ms. Moss noted this legislation  would clarify that the Office of                                                               
Children's  Services could  release certain  information about  a                                                               
crime  to the  public once  a report  of harm  is filed  and that                                                               
involves public  disclosure by a  parent, an  alleged perpetrator                                                               
being  charged with  a crime,  or the  death or  near death  of a                                                               
child.                                                                                                                          
                                                                                                                                
Ms. Moss  pointed out that  Section 6 broadens the  provisions of                                                               
this legislation  and relevant statutes  to include any  child or                                                               
parent in a home.                                                                                                               
                                                                                                                                
Ms. Moss  stated that Section 7  limits the instances in  which a                                                               
child's  Alaska Permanent  Fund dividend  could be  released from                                                               
trust to  when the child is  returned to his or  her parents, one                                                               
year after the  child is adopted, and when the  child reaches the                                                               
age of 18 years.                                                                                                                
                                                                                                                                
9:17:54 AM                                                                                                                    
                                                                                                                                
Ms.  Moss explained  that Section  8 would  bring the  State into                                                               
compliance   with  federal   law   relating   to  healing   arts.                                                               
Practitioners  of healing  arts would  be required  to report  as                                                               
child   abuse  to   the  Office   of  Children's   Services,  any                                                               
indications  during childbirth  that an  infant may  be adversely                                                               
affected by a controlled substance or alcohol.                                                                                  
                                                                                                                                
Ms. Moss noted  Section 9 incorporates the provisions  of HB 346,                                                               
sponsored  by  Representative  Mark Neuman,  that  would  require                                                               
training  of   social  workers  to  include   constitutional  and                                                               
statutory rights of children and families.                                                                                      
                                                                                                                                
9:18:28 AM                                                                                                                    
                                                                                                                                
Ms.  Moss continued  with Section  10 that  pertains to  indirect                                                               
court  rules  related  to  Sections  1  through  3,  raising  the                                                               
standard to clear and convincing evidence.                                                                                      
                                                                                                                                
9:18:37 AM                                                                                                                    
                                                                                                                                
Ms. Moss explained the applicability  clause addressed in Section                                                               
11  involves  pending  and non-pending  cases  still  within  the                                                               
statute of limitations for appeals.                                                                                             
                                                                                                                                
Ms.  Moss stated  that Section  12 would  provide that  the court                                                               
rule change in  Section 10 must pass by a  majority of two-thirds                                                               
of the  members of each  body of the legislature  before Sections                                                               
1, 2 and 3 would be effective.                                                                                                  
                                                                                                                                
Ms.  Moss  noted   the  immediate  effective  date   of  all  the                                                               
provisions of this legislation.                                                                                                 
                                                                                                                                
9:19:29 AM                                                                                                                    
                                                                                                                                
Amendment  #1: This  amendment inserts  "and for  placement of  a                                                               
child"  to the  title of  the bill.  The amended  title reads  as                                                               
follows.                                                                                                                        
                                                                                                                                
     An  Act  relating  to  the standard  of  proof  required  to                                                               
     terminate parental  rights and for  placement of a  child in                                                               
     child-in-need-of-aid  proceedings;  relating  to  a  healing                                                               
     arts  practitioner's  duty  to   report  a  child  adversely                                                               
     affected  by or  withdrawing from  exposure to  a controlled                                                               
     substance   or   alcohol;    relating   to   disclosure   of                                                               
     confidential   or  privileged   information  about   certain                                                               
     children by  the Departments of  Health and  Social Services                                                               
     and  Administration;  relating  to child  abuse  or  neglect                                                               
     investigations  and  training;  amendment  Rule  18,  Alaska                                                               
     Child in Need  of Aid Rules of Procedure;  and providing for                                                               
     an effective date.                                                                                                         
                                                                                                                                
This  amendment  also inserts  a  new  bill  section on  page  6,                                                               
following line 6 to read as follows.                                                                                            
                                                                                                                                
          Sec. 8. AS 14.14.100(e) is amended to read:                                                                           
          (e) When a child is removed from a parent's home, the                                                                 
     department shall  place the child,  in the absence  of clear                                                             
     and convincing  evidence [A  SHOWING] of  good cause  to the                                                             
     contrary,                                                                                                                  
               (1) in the least restrictive setting that most                                                                   
     closely approximates a family and that meets the child's                                                                   
     special needs, if any;                                                                                                     
               (2) within proximity to the child's home, taking                                                                 
     into account any special needs of the child and the                                                                        
     preferences of the child or parent;                                                                                        
               (3) with, in the following order of preference,                                                                  
                    (A) an adult family member;                                                                                 
                    (B) a family friend who meets the foster                                                                    
          care licensing requirements established by the                                                                        
          department;                                                                                                           
                    (C) a licensed foster home that is not an                                                                   
          adult family member or family friend;                                                                                 
                    (D) an institution for children that has a                                                                  
          program suitable to meet the child's needs.                                                                           
                                                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
Co-Chair   Green  moved   for  adoption   and  objected   for  an                                                               
explanation.                                                                                                                    
                                                                                                                                
Ms. Moss  reminded the Committee  of HB 53, adopted  the previous                                                               
legislative session.  Included in  the 57  sections of  that bill                                                               
was a  provision to lower  the standard of  determining placement                                                               
of a child removed from his or  her parent's home to a showing of                                                               
good  cause.   This  amendment  restores  the previous  statutory                                                               
requirement   that  clear   and  convincing   evidence  must   be                                                               
identified.                                                                                                                     
                                                                                                                                
9:20:15 AM                                                                                                                    
                                                                                                                                
Senator Dyson requested further explanation.                                                                                    
                                                                                                                                
Ms.  Moss   noted  that  the   affected  statute,   AS  47.14.100                                                               
stipulates the powers and duties  of the Department of Health and                                                               
Social Services  over the care of  a child. The passage  of HB 53                                                               
repealed  subsection  (e).  The  rewritten  statute  lowered  the                                                               
standard from "clear and convincing  evidence" to "a show of good                                                               
evidence  to   the  contrary".  This  amendment   reinstates  the                                                               
stipulation that causes must be clear and convincing.                                                                           
                                                                                                                                
Co-Chair  Green removed  her  objection to  the  adoption of  the                                                               
amendment.                                                                                                                      
                                                                                                                                
Without further objection, the amendment was ADOPTED.                                                                           
                                                                                                                                
9:22:51 AM                                                                                                                    
                                                                                                                                
Amendment #2: This amendment replaces  "a child" with "an infant"                                                               
where  it appears  in Section  8 on  page 6,  lines 7  - 15,  and                                                               
provides a definition of "infant"  as it applies to this section.                                                               
The amended language reads as follows.                                                                                          
                                                                                                                                
     Sec. 8.  AS 47.14.17 is amended  by adding a new  section to                                                               
     read:                                                                                                                      
          Sec. 47.17.024. Duties of practitioners of the healing                                                                
     arts. (a)  A practitioner  of the  healing arts  involved in                                                               
     the  delivery or  care  of an  infant  who the  practitioner                                                               
     determines   has  been   adversely   affected   by,  or   is                                                               
     withdrawing  from exposure  to,  a  controlled substance  or                                                               
     alcohol shall  immediately notify the nearest  office of the                                                               
     department of the infant's condition.                                                                                      
          (b) In this section, "controlled substance" has the                                                                   
     meaning  given  in AS  11.71.900,  but  does not  include  a                                                               
     substance lawfully taken under  a prescription from a health                                                               
     care provider who is authorized to prescribe the substance.                                                                
          (c) "infant" means a child who is less than 12 months                                                                 
     of age."                                                                                                                   
                                                                                                                                
Co-Chair  Green moved  for  adoption and  objected  to obtain  an                                                               
explanation.                                                                                                                    
                                                                                                                                
Ms. Moss  outlined this amendment  and informed it  would address                                                               
concerns  expressed   by  the  State  ombudsman   about  possible                                                               
instances in which  a practitioner has knowledge  of or witnesses                                                               
a teen consuming alcohol or a controlled substance.                                                                             
                                                                                                                                
Co-Chair Green removed her objection.                                                                                           
                                                                                                                                
There was no further objection and the amendment was ADOPTED.                                                                   
                                                                                                                                
9:24:27 AM                                                                                                                    
                                                                                                                                
Senator Stedman directed attention to  the provision in Section 7                                                               
relating  to  the release  of  a  child's Alaska  Permanent  Fund                                                               
dividend from trust  to the adoptive parents of  that child after                                                               
one  year has  passed since  the adoption  was granted.  Dividend                                                               
amounts  were  projected to  increase  significantly  and he  was                                                               
concerned  that  this could  affect  the  decisions of  potential                                                               
adoptive parents.                                                                                                               
9:25:50 AM                                                                                                                    
                                                                                                                                
Co-Chair Green remarked that once  a child is adopted, that child                                                               
is part of the  family and must be treated as  part of the family                                                               
in all ways, including financial  matters. This became evident in                                                               
the  well-publicized  case  of   abuse  and  neglect  of  adopted                                                               
children and the  absence of social worker  supervision after the                                                               
foster children were adopted into the family.                                                                                   
                                                                                                                                
9:26:41 AM                                                                                                                    
                                                                                                                                
TAMMY  SANDOVAL,   Deputy  Commissioner,  Office   of  Children's                                                               
Services, Department of Health  and Social Services, acknowledged                                                               
Senator Stedman's concerns of  potential instances of prospective                                                               
parents with  possibly ulterior  motives. Current  adoption rules                                                               
provide  for  a one-year  period  before  the adoption  is  fully                                                               
legalized. Before the adoption were  approved however, the Office                                                               
would have  conducted home studies  and undertaken  other efforts                                                               
to  determine  whether  the prospective  parents  were  suitable.                                                               
After one year has passed, the  Office no longer has the right to                                                               
monitor the home and the relationship.                                                                                          
                                                                                                                                
9:27:46 AM                                                                                                                    
                                                                                                                                
Senator  Dyson   appreciated  Senator  Stedman's   concern.  Some                                                               
children  eligible for  adoption have  extensive needs  and would                                                               
require  continuing   subsidy.  Occasionally,   adoptive  parents                                                               
realize they  are unable to meet  those needs and opt  to reverse                                                               
the adoption.  However, this  usually occurs  a short  time after                                                               
the preliminary adoption is granted.  The one-year period appears                                                               
to be adequate.                                                                                                                 
                                                                                                                                
Ms. Moss  agreed, informing that  when adoptions fail  it usually                                                               
occurs within the first year.                                                                                                   
                                                                                                                                
9:28:53 AM                                                                                                                    
                                                                                                                                
Co-Chair  Wilken  referenced  testimony  given  at  the  previous                                                               
hearing on this  bill and asked if the concerns  of Beverly Smith                                                               
had been addressed.                                                                                                             
                                                                                                                                
9:29:04 AM                                                                                                                    
                                                                                                                                
Ms. Moss relayed that Representative  Coghill determined that the                                                               
changes made by  Amendment #2 would address most  of the concerns                                                               
raised by  Ms. Smith.  An amendment had  been offered  in another                                                               
committee to apply the notification  requirement to ministers and                                                               
other religious leaders; however it had failed to be adopted.                                                                   
                                                                                                                                
9:30:00 AM                                                                                                                    
                                                                                                                                
Senator   Dyson   congratulated    Representative   Coghill   and                                                               
Representative Chenault on these efforts.                                                                                       
                                                                                                                                
9:30:21 AM                                                                                                                    
                                                                                                                                
Ms. Moss  furthered that  Senator Dyson  has been  influential as                                                               
well.  Improvements   made  during   the  past  year   have  been                                                               
monumental, and  are mostly attributable to  staff changes within                                                               
the Department of Health and Social Services.                                                                                   
                                                                                                                                
9:31:20 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilken  offered a motion to  report SCS CS HB  408 (JUD)                                                               
as  amended from  Committee with  individual recommendations  and                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There was  no objection and  SCS CS HB  408 (FIN) was  MOVED from                                                               
Committee with zero fiscal note  #1 from the Department of Health                                                               
and  Social Services,  Children's  Services  Budget Request  Unit                                                               
(BRU), Front Line  Social Workers component and  zero fiscal note                                                               
#2 from the Department of  Health and Social Services, Children's                                                               
Services BRU, Children's Services Management component.                                                                         
                                                                                                                                
9:32:03 AM                                                                                                                    
                                                                                                                                
Co-Chair  Green noted  a concurrent  resolution  relating to  the                                                               
change in title of this bill would be forthcoming.                                                                              
                                                                                                                                
ADJOURNMENT                                                                                                                 
                                                                                                                                
Co-Chair Lyda Green adjourned the meeting at 9:33:00 AM                                                                       

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