Legislature(1993 - 1994)

03/05/1993 02:07 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
      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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