Legislature(1993 - 1994)
03/05/1993 02:07 PM Senate HES
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SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE March 5, 1993 2:07 p.m. MEMBERS PRESENT Senator Steve Rieger, Chairman Senator Bert Sharp, Vice Chairman Senator Loren Leman Senator Mike Miller Senator Jim Duncan Senator Johnny Ellis MEMBERS ABSENT Senator Judy Salo COMMITTEE CALENDAR SENATE BILL NO. 51 "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." SENATE BILL NO. 45 "An Act relating to persons under 21 years of age; providing for designation of `safe homes' for runaway minors; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION SB 51 - See HESS minutes dated 2/24/93. SB 45 - No previous action to record. WITNESS REGISTER James Poe, Deputy Chief Probation Officer Probation Department 2901 Meadowlark Drive San Diego, California 92123 (619) 694-4440 POSITION STATEMENT: Testified on SB 51. Sandy Pevan P.O. Box 8712 Wasilla, Alaska 99687 POSITION STATEMENT: Testified in support of SB 45. Joe Lawlor P.O. Box 1133 Homer, Alaska 99603 POSITION STATEMENT: Testified in support of SB 45. Jim Caldarola, Executive Director Catholic Social Services 225 Cordova Anchorage, Alaska 99501 POSITION STATEMENT: Testified on SB 45. Marilyn Schoder, Member Alaska Coalition for the Homeless P.O. Box 2043 Homer, Alaska 99603 POSITION STATEMENT: Testified on SB 45. Emil Portscheller P.O. Box 2544 Palmer, Alaska 99645 POSITION STATEMENT: Testified on SB 45. Elaine Christian, Executive Director Covenant House - Alaska 609 "F" Street Anchorage, Alaska 99501 POSITION STATEMENT: Testified against SB 45. Jayne Andreen, Executive Director South Peninsula Women's Services P.O. Box 2428 Homer, Alaska 99603 POSITION STATEMENT: Testified on SB 45. Reverend Steve Lambert Methodist Paster P.O. Box 332 Homer, Alaska 99603 POSITION STATEMENT: Testified on SB 45. Deborah Wing, Director Division of Family and Youth Services (DFYS) Department of Health and Social Services P.O. Box 110630 Juneau, Alaska 99811-0630 POSITION STATEMENT: Answered questions of SB 45. Pat O'Brien, Social Service Coordinator Licensing and Regulation Division of Family and Youth Services (DFYS) Department of Health and Social Services P.O. Box 110630 Juneau, Alaska 99811-0630 POSITION STATEMENT: Answered questions of SB 45. Sherrie Goll Alaska Women's Lobby P.O. Box 22156 Juneau, Alaska 99801 POSITION STATEMENT: Testified on SB 45. ACTION NARRATIVE TAPE 93-20, SIDE A Number 001 CHAIRMAN RIEGER called the Senate Health,Education, and Social Services Committee (HESS) to order at 2:07 p.m. The first order of business was SB 51 (WORK CAMPS FOR JUVENILE OFFENDERS). Chairman Rieger said the bill was held over from the February 24 meeting as Mr. James Poe was going to be in Juneau. Mr. Poe has considerable experience with work camps. JAMES POE, Deputy Chief Probation Officer, Probation Department, San Diego, California, said funding for camps in California comes from 58 counties. The state institutions are the last stage of custody. He said county camps are totally separate from the state. The ranch facilities in San Diego are in a very rural setting. There are work camps for adults and juveniles. Mr. Poe said currently he oversees all the juvenile institutions for the county which includes two work camps, a girls treatment facility, and a juvenile hall. He said in his county, kids are committed to the facilities for 240 days. He noted that they are kids that have probably been in the system for awhile. Once the kids are placed in the facilities, they go through a multiple step program of counseling, work, school, and recreation. Mr. Poe said the work component is one of four main components. It consists of on camp work jobs, vocational training work components, as well as working crews. He explained that the work crews provide services throughout the community, various county parks, state parks, and federal forestry parks. Mr. Poe referred to the adult work crews and said they are similar. There are two adult camps that do contract work. He noted it costs just under $500 a day, per crew, to contract work throughout the city, county and private entities. There being no further testimony on SB 51, SENATOR MILLER moved that SB 51 be passed out of the Senate HESS Committee with individual recommendations. There were objections. A roll call was taken. Senators Rieger, Sharp, Miller, and Leman voted "yes." Senators Ellis and Duncan voted "no." So the motion passed. Number 108 The next bill to come before the committee was SB 45 (MISC. LAWS RELATING TO MINORS). Chairman Rieger announced there would be a teleconference on the measure. SENATOR DUNCAN asked if there was a formal position paper on SB 45 from the administration. CHAIRMAN RIEGER indicated that the answer is "no." SENATOR RANDY PHILLIPS, sponsor of SB 45, said the bill is far from being a perfect bill. It attempts to focus on the runaway problem that exists in the state. It also attempts to balance the rights of the child versus the rights of the parents and who will take what responsibilities. The first person to testify was SANDY PEVAN from Wasilla. She thanked Senator Phillips for introducing the legislation. The bill tries to address all the needs from both the parent's perspective and child's perspective. She explained that the Mat-Su Valley has approximately 300 homeless youths and currently 600 runaway youths. The numbers have escalated over the last year. There is an increase in violence due to the large number of children on the streets. Ms. Pevan said approximately 350 children have reported in to the Department of Health and Social Services. Of the 350 children, approximately 50 fall in the range of receiving services from the Department of Health and Social Services. She said the Mat-Su Valley, last year, tried to run a safe home program. It was found that there was a lack of personal coordinators for the homes, there were questionable liability issues, there was quick burnout, and a lack of volunteers willing to take the risk of working with high risk children. She said the Mat-Su Valley currently is trying to put together a shelter. Ms. Pevan said another issue is the emancipation part which is to remove some of the restrictions that parents run into when they cannot get their children back in the home or work with them. The impact that the children on the streets are having within the community needs to be reviewed. There are escalating numbers of violence, crime, and abuse. Ms. Pevan said something needs to be done and thanked Senator Phillips for introducing the bill. Number 196 JOE LAWLOR, testifying from Homer, referred to information he had given Senator Sharp a couple of years ago at a Pioneer Operation Convention in Fairbanks regarding getting homeless children into homes of pioneers. He said many pioneer people have room and time but are afraid of the liability issue. Mr. Lawlor said he is very appreciative of the work that was done on legislation last year and the current bill. He suggested the word "runaway" be replaced with "homeless" as it may have more of a positive affect. He said all of the kids are homeless whether it is for over night or a period of time. Mr. Lawlor referred to page 5, lines 22 and 23, "A safe home may not shelter a runaway minor for more than seven days...." He said he would like to see "seven" changed to "twenty-one" as seven days is not adequate for the department to do anything. Mr. Lawlor referred to page 7, line 6, and suggested inserting the word "state" between the words "without compensation." He said many people might be interested in taking a homeless teenager into their home but they will have expenses. Some private groups or organizations may want to help out a little bit and should have every right to do so. The same would apply to page 10, line 3. Mr. Lawlor indicated concern with the term throughout the bill "unless regulations currently exist." He said he is afraid the regulations of Division of Family and Youth Services (DFYS) could very easily destroy the intent of the whole bill. He said you have to relate to the people who would be willing to take a teenager into their home. Sometimes the regulations indicate more concern about the physical attributes of the home and not about the character of the provider. He thanked the committee for listening to his testimony. SENATOR ELLIS asked Mr. Lawlor if he is suggesting opening the state pioneer homes to troubled youths if they have available beds. Mr. Lawlor said that wasn't what he was suggesting. He said there are a lot of state pioneer organizations and pioneers who have available rooms in their homes. JIM CALDAROLA, Executive Director, Catholic Social Services, explained that his organization is a multi-service organization serving the homeless, the hungry, troubled teens, developmentally disabled, pregnant women, immigrants, refugees, and generally people in despair that need temporary help. He referred to a report called "Children in Crises" and read a quote from the introductory letter, "It is clear that the time has come for improved service to these lost, but not forgotten children and their families." It is the opinion of Catholic Social Services that SB 45, as currently written, does not provide for that improved service. Mr. Caldarola said the issue of immunity of liability while operating safe homes are predicated on the adoption of certain regulations by the Department of Health and Social Service. The department has failed to improve and implement the regulations which have been in existence since 1990. He explained that if the regulations were approved, safe homes would be legal and safe for youths in every community and most legislation that has been introduced would be unnecessary. Mr. Caldarola said SB 45 presents two separate issues neither of which help runaways or homeless youths. It gives parents the right to divorce their child which is action that will not help runaways resolve family problems. It will only remove the parent's responsibility. He said SB 45 would set up a safe home system for runaway and homeless youths without stating a purpose for the existence of the safe homes. The bill doesn't provide specific and important safeguards for the youths. Mr. Caldarola said it is his understanding that there isn't a fiscal note. Catholic Social Services feels it is unrealistic of the bill sponsor to expect a safe home program to cost nothing. He asked who will pay for the licensing, finger printing, the background checks, and the record keeping of the safe homes. He continued to discuss his concerns relating to SB 45. SENATOR RANDY PHILLIPS indicated that their is a fiscal note in the committee packets dated January 26, 1993, from the Department of Health and Social Services. Senator Duncan requested Mr. Caldarola to send him a copy of his statement. Number 367 MARILYN SCHODER, Member, Alaska Coalition for the Homeless, said her organization doesn't deal specifically with runaways. She said she is also involved in the food bank in Homer where homelessness, hungry people, and runaways are all part of her life. Ms. Schoder said she feels SB 45 is extremely cumbersome. She informed the committee that she was part of the "Children in Crises" workshop and children are probably in more crises now than they were a year and a half ago. Legislation needs to be passed this session to help the homeless and runaway children. EMIL PORTSCHELLER, from Palmer, said SB 45 is a good effort in the direction of providing for the children and youth of our state, but there are some problems that need to be addressed. The bill is cumbersome. He said SB 45 should be reviewed with the idea in mind as to whether or not the state is becoming overly involved in the raising of our children. Mr. Portscheller referred to page 2, "Section 5, (d)," and said it clearly references another avenue for usurping a parent/child relationship. He urged that the section be reviewed. Throughout SB 45 there is general and specific reference to advising a custodian of an individual youth not being taken into custody or placed in a state owned facility. It does reference non-custodial interested parties, particularly a non-custodial parent. There needs to be a specific provision to address the parental/child relationships of non-custodial parents. Mr. Portscheller said often times there are non-custodial parents who are completely in the dark as to the status of their children. It is a frequent occurrence in the state that the judiciary has quite clearly and wrongfully usurped non-custodial parents involved with their children. He said he would like to see that SB 45 does not further entrench that attitude or approach on the part of the judiciary. Mr. Portscheller referred to page 8, Section 15, lines 1 through 13, and said the section offers too broad of a latitude to the state, particularly to the Department of Health and Social Services. In the first part of SB 45, there seems to be a fairly clear provision for a child to have a preference as to where they want to be placed whether it is with the DFYS, a safe home, etc. Section 15 says "The department shall also offer counseling services to the person having legal custody...." He continued to quote from the middle of the section, "If, after assessing the situation, considering the wishes of the minor." He said it goes further to say "and furnishing appropriate social services to the minor, the department considers it necessary, the department may take emergency custody of the minor." Mr. Portscheller said to him that last paragraph causes great concern. Earlier in the bill it suggests that a child or youth has several options, yet Section 15 clearly eliminates those potential options. He thanked the committee for the opportunity to testify. SENATOR RANDY PHILLIPS said he recognizes that the bill is an imperfect piece of legislation and, hopefully, the committee will come up with good public policy in dealing with the bill. Number 449 ELAINE CHRISTIAN, Executive Director, Covenant House - Alaska, explained her organization is a 40-bed runaway crises center providing food, clothing, shelter, medical care, counseling, referral and advocacy for youth and families. She said her organization doesn't support SB 45. Ms. Christian said she has sent the committee a copy of her detailed statement and continued to read from it: Covenant House feels that there are fundamental flaws with the legislation, including the fact that the miscellaneous laws relating to minors are being proposed in conflict with existing laws and regulations and that this legislation, as written, offers a vehicle for anyone to accept runaway youth into their home -- further placing hundreds of youth at risk for physical, sexual, mental and/or emotional abuse. It is the position of Covenant House that the existing runaway statute adequately meets the needs of homeless and runaway youth without conflicting with existing laws. A vehicle does exist for interested and qualified parties to operate a safe home, even in the most rural areas. The vehicle -- regulations which accompanied the runaway legislation (AS 47.10) -- if the Department of Health and Social Services would approve and implement the regulations which have been in limbo since 1990, safe homes would be legal and more importantly, safe for youth in every community. In addition, the bill states no purpose for existence of the safe homes. The current act (47.10.310) for runaway shelters states that the program has to attempt to determine why a minor in the program is a runaway; and be operated with the goal of reuniting runaway minors with their families, except in cases in which reunification is clearly contrary to the best interest of the minor. At the very least, safe homes should be committed to and be able to accomplish these goals. Ms. Christian referred to the immunity from liability clause and said it contradicts AS 47.10 and the way SB 45 is currently written, it could be interpreted that existing runaway shelters and safe homes are aiding, inducing, causing, encouraging youth to be absent from the custody of their parents by offering food, clothing, shelter, etc. The immunity from liability clause reference is currently being challenged in the State of Alaska Court. It has not yet been upheld since the Department of Health and Social Services has failed to approve and implement the regulations. Ms. Christian said that means if SB 45 is passed, no shelter or safe home would be immune from liability based on the current challenge of the immunity clause. She said it looks like there is not immunity from liability as long as the Department of Health and Social Services doesn't implement those regulations. She said there are problems identified in the statement that she has sent the committee. Her organization doesn't feel that SB 45 is in the best interest of youth, family, or the community. Runaway youth are a difficult population to work with and need special attention and services, but regulations which prevent family reunification and further destroy the youth's chances of re-entering society's mainstream are not the answer to the problem. She stressed that the original regulations must be adopted and that agencies and individuals work with the Department of Health and Social Services to offer an appropriate means for well prepared citizens to participate in sheltering homeless and runaway youth. She noted that the fiscal note wasn't available at Anchorage Legislative Information Office. SENATOR ELLIS referred to the court challenge to the immunity from the liability statute and asked where in court process is that case. Ms. Christian indicated that they are now in the appeal process. The Covenant House was hoping the judge would dismiss the case, but he did not as he could not come up with a legal means to do it. It wrapped into a custody battle which relates to immunity from liability for an act of admitting or not admitting a child to a facility. She said the way SB 45 is written, there would be no immunity for anyone operating safe homes or a runaway shelter because of the challenge. Ms. Christian said they have been in court for eight months and there hasn't been a resolution. She noted both parties will take it as far as it will go. SENATOR SHARP asked who the parties are in the court case. Ms. Christian said some parents are suing Covenant House - Alaska. CHAIRMAN RIEGER asked if the Covenant House could have liability for failing to admit a youth as well as liability for admitting a youth. Ms. Christian said that is the way it is looking under the current challenge. She explained the way the suit is written, the Covenant House admitted a youth and the youth chose to leave the facility and the state. Because the Covenant House did not hold on to or delay the child, the parents are saying that the Covenant House is liable for separation of parent and child. She said there are about four issues involved including kidnapping. Ms. Christian said if SB 45 is passed as written, parents could sue Covenant House for facilitating the children from being absent from their parents. Number 539 JAYNE ANDREEN, Executive Director, South Peninsula Women's Services, concurred with changing the terms "runaway minors" to "homeless minors." She referred to a phrase on page 1, line 9, "properly qualified private citizens" and said she would like to see a reference made to regulations that would specifically address the need to protect youth and that the citizens would be screened. Ms. Andreen referred to lines 12 and 13, "interested nonprofit corporations" and said she would like to see that more specifically delineated along the lines where human service agencies that have experience with youth or an interest in youth. Ms. Andreen referred to page 2, line 1 "involve less regulation," and said she disagrees with that. She said she believes there are enough regulations that allow for checks and balances to ensure the protection of the children who will be in the homes. Ms. Andreen referred to line 7 and said she doesn't agree with parents who are able to divorce their kids as parents should be held liable for their children. Ms. Andreen referred to page 5, line 23, and said she would like to see "seven days" increased to "ninety days" as it is much more realistic in terms of being able to do an assessment to figure what agencies need to be in place and what kinds of services that a child needs. Also, on line 27 it says, "The provider of a safe home shall promptly inform the department of a runaway minor..." She said there should be time limit on that. Ms. Andreen suggested 24 to 48 hours would be enough time for the safe home providers to get in touch with the department. She said she would be interested in seeing the fiscal note. There was discussion in Homer about doing a pilot project. Ms. Andreen stressed that homeless teens are a major issue and it is something that needs to be addressed quickly. REVEREND STEVE LAMBERT, Methodist Paster, informed the committee that he has worked with kids in Homer and Juneau. He also noted he is a member of the Homer Safe Harbor Board. Reverend Lambert urged that something be done regarding homeless kids. He asked that regulations be passed in DFYS or wherever they are needed. It is time for a change to occur, Reverend Lambert concluded. TAPE 93-20, SIDE B Number 00 DEBORAH WING, Director, Division of Family and Youth Services (DFYS), Department of Health and Social Services, was next to come before the committee. She introduced Pat O'Brien, Social Service Coordinator, Licensing and Regulation, (DFYS), Department of Health and Social Services. PAT O'BRIEN explained that the department is very supportive of the concept of safe homes. She said the department also supports the concept of safe homes operating at a little lower level of regulation than what child foster homes currently have. Child foster homes provide care for children from birth through the age of 18. She said safe homes would basically be for teenagers. Ms. O'Brien referred to comments made by Ms. Christian regarding the law suit. She said the department produced an affidavit for the law suit and consulted with the Department of Law. One of the problems was the issue of discharge and non admission. Existing law only addresses admission or failure to admit and the law suit revolves around the discharge of a child from Covenant House. Ms. O'Brien explained that the department had developed draft regulations specifically around Covenant House, for a residential setting. She noted that virtually all residential child care facilities serve runaway children. Ms. O'Brien said the Department of Law reviewed the regulations and decided it was perfectly appropriate for the department to make a specialization for residential child care facilities for runaway programs. Given that Covenant House is already licensed and residential child care facilities are licensed, the department hasn't prioritized bringing back the runaway regulations. SENATOR ELLIS said in Anchorage on some houses there are yellow signs with black letters that say "Safe Home." Kids are encouraged to run there if anything happens on the way to or from school. He asked if those are informal safe homes and if they are unregulated or unlicensed. Ms. O'Brien said she raised that same issue on legislation introduced last year and suggested a different title be used. She said those safe homes are locally sponsored through public service organizations, aren't monitored by the department, and don't have children there overnight. Senator Ellis questioned why the runaway regulations haven't been a priority over the years. Ms. O'Brien said she wasn't part of the original drafting of the regulations. She said there was concern expressed by existing residential child care facilities that they were also serving runaways. Ms. O'Brien said the Department of Law has said that the basic intent of reducing risk to children is met because Covenant House and all the residential child care facilities are already licensed. SENATOR LEMAN requested a copy of the proposed draft regulations. Ms. O'Brien indicated she would forward them to the committee. Senator Ellis asked the department to comment on previous testimony where there was criticism that the bill gave too broad of a latitude to the department in a number of areas. He said there was a suggestion to change the term "runaway" to "homeless" to include the throw away youths. Senator Ellis asked if there would be any implications to changing the term. Senator Ellis said if parents were allowed to waive responsibility through the emancipation process or if the numbers rise, what kinds of direct or indirect costs would there be to the government. CHAIRMAN RIEGER indicated that Senator Ellis' questions would be answered later and requested Ms. O'Brien to discuss the department's proposed changes. Ms. O'Brien said the first proposed change is on page 2, line 3, delete the word "protect" and insert "reduce the risk to." She noted it is a liability issue for the state as they are often sued for failing to absolutely protect children in the licensing responsibilities. She said absolute protection cannot be guaranteed. Senator Ellis asked if the bill would give greater protection to safe homes than is given to foster parents. Ms. O'Brien said the foster parents have a lot of liability because they are protected through risk management. That same level of protection would not be offered to a safe home. Children in foster homes are in state custody and that is the difference from children who run to a safe home. SENATOR SHARP said he would think that safe homes would require more of a release of liability as they are not being paid for their services by the state. Ms. O'Brien said she did meet with an attorney who expressed strong concern over the additional liability that the state continues to assume on behalf of services that are delivered. She suggested requesting to hear from Risk Management on that issue. Ms. O'Brien referred to the department's second proposed amendment on page 10, line 3, after "shelter" insert "with or." She said the department believes that the facilities ought to be regulated whether there is compensation or not. The kids are still children and youth and are still vulnerable. Ms. O'Brien said the third amendment is on page 9, lines 4 and 5, delete all the material and insert "(2) provide that private agencies, approved by the department, may recruit, evaluate and monitor the safe homes under procedures established by the department." SENATOR ELLIS said if the amendment is adopted, how long will it take the department to promulgate procedures. MS. WING indicated that it would depend on the fiscal note. Senator Ellis suggested changing the words "safe home" to something else as people may confuse them with the existing safe homes. Number 250 SHERRIE GOLL, Alaska Women's Lobby, said the bill has two separate sections. One that deals with miscellaneous laws relating to minors, and the second deals with the creation of the safe homes. She referred to page 2, sections 2 through 7, relating to the emancipation of minors and said her organization objects to those sections as they may encourage parents to throw away their kids. Ms. Goll referred to SB 99 and said the Office of Public Advocacy was anxious to not have the responsibility of representing minors in emancipation hearings. The Senate has already deleted those sections from SB 99. She said it is currently a concern and would be much more of concern if it came to a situation where SB 45 is passed and parents were able to petition, without a minor's consent, to not be responsible for a minor at sixteen years of age and the minor was not eligible to have a public advocate. Ms. Goll referred to page 5, line 22, relating to the operation of a safe home, and said there are concerns relating to the fact that whether a youth is left at a safe home for seven days or ninety days, the department would have the opportunity to determine that another appropriate setting is not available for the minor. Because they are free settings, the department will have less motivation to try to find an actual appropriate setting for a "hard to place" teenage child. Ms. Goll referred to line 27, "(b) The provider of a safe home shall promptly inform the department if there is a minor who claims to be a victim of child abuse and neglect," and said her organization feels that the department needs to be informed if they learn that the child is also in state custody. Ms. Goll indicated that she was also concerned about the immunity from liability section and contributing to the delinquency of a minor. She said when she first read the bill, it seemed that we were creating a crime that all of the people who had safe homes would be guilty of unless there was some kind of immunity. If there is a problem with the immunity clause, then that continues to be a problem. Ms. Goll referred to page 7, line 2, and asked the committee to consider the addition of "negligence" to the phrase "recklessness or intentional misconduct." She said it is wonderful to try to offer counseling services to the kids. Her organization recognizes it will be a service that will not be free. She said she hopes that there will be a fiscal note which will accomplish that and allow that to happen. She also questioned how many children a safe home can take in. Ms. Goll suggested that on page 9, "Section (d)," maybe there should be a provision for the department to have the legal obligation to inspect or investigate the home. She thanked the committee for hearing her testimony. SENATOR ELLIS referred to Section 9, "(3) being a person under 21 years of age, posses a firearm without the written consent of a parent or guardian of the person," and asked if the committee could get the position of the National Rifle Association. SENATOR DUNCAN gave the committee members a proposed amendment. He asked that the committee review it before the measure is brought up again. Number 232 There being no further business to come before the HESS Committee, CHAIRMAN RIEGER adjourned the meeting at 3:25 p.m.
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