Legislature(2005 - 2006)SENATE FINANCE 532
04/24/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB 231 | |
| HB408 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 408 | TELECONFERENCED | |
| += | SB 231 | TELECONFERENCED | |
| + | 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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