Legislature(1997 - 1998)

03/25/1998 09:03 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                   
                          March 25, 1998                                       
                            9:03 a.m.                                          
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Gary Wilken, Chairman                                                  
Senator Loren Leman, Vice-Chairman                                             
Senator Lyda Green                                                             
Senator Jerry Ward                                                             
Senator Johnny Ellis                                                           
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
None                                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
HOUSE BILL NO. 335                                                             
"An Act replacing the Uniform Child Custody Jurisdiction Act with              
the Uniform Child Custody Jurisdiction and Enforcement Act; and                
amending Rules 4 and 62, Alaska Rules of Civil Procedure, and Rule             
205, Alaska Rules of Appellate Procedure."                                     
     PASSED HB 335 OUT OF COMMITTEE                                            
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
HB 335 - No previous Senate committee action.                                  
                                                                               
WITNESS REGISTER                                                               
                                                                               
Patti Swenson                                                                  
Staff to Representative Con Bunde                                              
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT:  Testified for sponsor of HB 335                           
                                                                               
Representative Con Bunde                                                       
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT:  Sponsor of HB 335                                         
                                                                               
Deborah Behr                                                                   
Assistant Attorney General                                                     
Department of Law                                                              
P.O. Box 110300                                                                
Juneau, Alaska  99811-0300                                                     
POSITION STATEMENT:  Explained the provisions of HB 335                        
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-28, SIDE A                                                             
Number 001                                                                     
                                                                               
CHAIRMAN WILKEN called the Senate Health, Education and Social                 
Services (HESS) Committee to order at 9:03 a.m.  Present were                  
Senators Green, Ellis, and Chairman Wilken.                                    
                                                                               
         HB 335 - UNIFORM INTERSTATE CHILD CUSTODY ACT                         
                                                                               
                                                                               
PATTI SWENSON, staff to Representative Con Bunde, stated HB 335                
addresses the problem of interstate child custody.  It is intended             
to give swift, sure enforcement of court ordered custody or                    
visitation inexpensively and, in most cases, without a lawyer.                 
Alaska's current statute, known as the Uniform Child Custody                   
Jurisdiction Act, has not been revised since 1968.  The new act,               
the Uniform Child Custody Jurisdiction and Enforcement Act                     
(UCCJEA), revises the current statute and adds needed enforcement              
provisions.  HB 335 is advantageous to custodial and non-custodial             
parents.  It addresses modern communications, domestic violence                
orders, the Kidnaping Act, and other problems that frequently                  
occur.  The UCCJEA's enforcement provisions will also prevent the              
confusion and delay that parents or guardians experience when                  
conflicting court orders from different states are at issue.  Under            
current law, a parent with a valid visitation or custodial order               
has to go through a long and expensive court process to get an                 
order enforced which can result in indefinite delays.  These delays            
often result in the custodial parent waiting for months or years to            
see their child.  The revised UCCJEA allows a person with a valid              
order to register it and give a certified copy to the other court.             
The court can then quickly hold a hearing to decide to honor the               
order or to decide that the order needs to be modified in the                  
original state of issue.  Alaska's current statute allows each                 
state to use different paperwork and time frames for the                       
enforcement of orders.  The revised UCCJEA makes paperwork and time            
frames consistent in all states with the intent of enabling parents            
to do the necessary paperwork without hiring a lawyer and bearing              
the associated costs.  HB 335 is important for those who will be               
involved in custody disputes.  Children will benefit from the                  
security it will give them, and parents will not be able to                    
manipulate court orders in an effort to gain custody of a child, or            
to keep a child from seeing the other parent.                                  
                                                                               
Number 070                                                                     
                                                                               
SENATOR GREEN asked Ms. Swenson to provide an example of what                  
problem HB 335 will correct.                                                   
                                                                               
MS. SWENSON replied Deborah Behr of the Department of Law could                
better address that question.                                                  
                                                                               
CHAIRMAN WILKEN asked what prompted Representative Bunde to                    
introduce this legislation.                                                    
                                                                               
MS. SWENSON answered that Representative Bunde liked the fact that             
it would be a uniform bill passed in all 50 states and it would                
prevent the type of manipulation of court orders that is occurring             
in which a child can be taken out of state and not returned.                   
                                                                               
Number 084                                                                     
                                                                               
DEBORAH BEHR, Assistant Attorney General of the Department of Law              
and a Uniform Law Commissioner for the State of Alaska, explained              
she was one of nine attorneys selected nationwide to participate on            
a task force to update the Uniform Child Custody Act.  Uniform Law             
Commissioners are appointed in all 50 states, the District of                  
Columbia, Puerto Rico and the Virgin Islands.  Alaska has been a               
member since 1912.  The Uniform Law Commission (ULC) is comprised              
of judges, lawyers, private attorneys, and others.  Its goal is to             
get representatives of all states together to vote on recommended              
interstate acts and to get those laws enacted in all 50 states.  HB
335 is not a federal mandate; it only deals with interstate actions            
so it will not affect families with both parents living in Alaska.             
HB 335 took two years to draft; domestic violence advocates,                   
father's rights groups, and family law judges observed this bill               
during that time.  The bill is advantageous to both custodial and              
non-custodial parents, because enforcement of existing court orders            
is in the best interest of the child until the order is modified.              
HB 335 contains a provision that allows a court order change if                
domestic violence has occurred.  The Uniform Law Commissioners of              
all 50 states voted in favor of this legislation because it                    
establishes which court gets to decide, and how to quickly enforce             
a valid order.  The bill does not deal with the substantive rights             
of parents or child suppport.                                                  
                                                                               
MS. BEHR gave the following example of the type of problem this                
bill attempts to address.  A couple marries in Alaska and has a                
child.  The couple divorces in Alaska five years later.  The mother            
moves to Washington with the child for four months, then decides to            
move to California.  Four months later, a dispute about visitation             
occurs.  HB 335 will determine which court will decide whether the             
court order needs to be modified.  Under existing law, a California            
court would probably decide that Alaska has lost its home state                
jurisdiction because the child has been out of the state for more              
than six months.   If HB 335 was enacted, the Alaska court would               
decide because Alaska was the home state, one parent remains here,             
and the court has records and information on the case.  If the                 
child has been out of state for a long time and there is better                
information elsewhere, the Alaska Court could defer jurisdiction to            
another state.  If an emergency situation occurs, the bill contains            
a provision to allow a judge in a different jurisdiction to take               
immediate action.  Parents do not always have the money to keep                
child custody orders updated so a dramatic change may be necessary,            
but in a routine situation, where a squabble about visitation                  
occurs, the divorce and child custody orders are not re-litigated              
in an enforcement action.                                                      
                                                                               
MS. BEHR noted she spoke to local attorneys who practice family law            
and was told by one that a parent recently paid $7,000 in attorney             
fees just to have the court decide what state would have                       
jurisdiction.  MS. BEHR said she believes that consistent                      
enforcement will prevent parents from flaunting orders.  The goal              
of the ULC was to provide a registration system among all of the               
states.  Once an order is registered, the parent can request                   
enforcement.   The other parent will get notice of the registration            
and can object.  That parent will be given the opportunity to say              
whether the order is valid and whether a temporary emergency crisis            
situation occurred that needs to be addressed.  It also allows a               
judge to permit make-up visitation.  At present, both parties would            
have to hire attorneys to deal with such a situation and pay the               
associated costs.  The ULC hopes that passage of this legislation              
will encourage parents to follow court orders or return to the                 
court of origin to have the order modified if necessary.  MS. BEHR             
said HB 335 passed the House with one negative vote.                           
                                                                               
Number 194                                                                     
                                                                               
SENATOR ELLIS questioned the ramifications of the reference to the             
Hague Convention made on page 9, line 25.                                      
                                                                               
MS. BEHR stated that Congress passed a law that allows recognition             
of other state court child custody decisions when appropriate.  The            
State Department negotiates treaties with particular countries when            
Congress enacts such laws.  Under the Hague Convention, court                  
orders from those countries would be honored, and vice versa.  She             
added the State Department has no agreements with countries such as            
Iran or Iraq, so the United States would not honor their orders.               
                                                                               
CHAIRMAN WILKEN noted Senators Leman and Ward had joined the                   
committee.                                                                     
                                                                               
Number 221                                                                     
                                                                               
SENATOR ELLIS asked whether the State of Idaho has adopted similar             
legislation.                                                                   
                                                                               
MS. BEHR said it has not.                                                      
                                                                               
CHAIRMAN WILKEN asked Senator Ellis why he asked that question.                
                                                                               
SENATOR ELLIS responded it relates to concerns that a member of the            
committee expressed in the past about actions taken by the Idaho               
Legislature in regard to other legislation.                                    
                                                                               
Number 230                                                                     
                                                                               
SENATOR LEMAN asked Ms. Behr if she and Art Peterson are the                   
Uniform Law Commissioners for the State of Alaska.                             
                                                                               
MS. BEHR answered there are five: Art Peterson, Justice Rabinowitz,            
Jerry Kurtz, Grant Callow and herself.                                         
                                                                               
There being no further discussion on HB 335, SENATOR LEMAN moved HB
335 out of committee with individual recommendations.  There being             
no objection, the motion carried.                                              
There being no further business to come before the committee,                  
CHAIRMAN WILKEN adjourned the meeting at 9:16 a.m.                             

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