Legislature(2005 - 2006)BUTROVICH 205

05/02/2005 02:30 PM HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+= HB 214 ANATOMICAL GIFTS & REGISTRY TELECONFERENCED
Heard & Held
+ HB 53 CHILDREN IN NEED OF AID/REVIEW PANELS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                          May 2, 2005                                                                                           
                           2:48 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Wilken, Vice Chair                                                                                                 
Senator Lyda Green                                                                                                              
Senator Donny Olson                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 214(HES)                                                                                                  
"An  Act relating  to anatomical  gifts and  the anatomical  gift                                                               
donor registry program."                                                                                                        
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(FIN)                                                                            
"An  Act relating  to child-in-need-of-aid  proceedings; amending                                                               
the construction  of statutes pertaining  to children in  need of                                                               
aid; relating  to guardianships; relating to  the confidentiality                                                               
of  investigations, court  hearings,  court  records, and  public                                                               
agency  records and  information in  child-in-need-of-aid matters                                                               
and  certain  child  protection matters,  to  immunity  regarding                                                               
disclosure  of information  in  child-in-need-of-aid matters  and                                                               
certain  child  protection   matters,  to  proceedings  regarding                                                               
voluntary relinquishment  and termination  of a parent  and child                                                               
relationship,  to eligibility  for permanent  fund dividends  for                                                               
certain children  in the  custody of the  state, and  to juvenile                                                               
delinquency  proceedings   and  placements;   reestablishing  and                                                               
relating  to  a  state  citizens'   review  panel;  amending  the                                                               
obligation  of a  public agency  to  disclose agency  information                                                               
pertaining to a  child in need of aid; relating  to disclosure of                                                               
confidential  or   privileged  information  about   children  and                                                               
families involved with children's  services within the Department                                                               
of Health and  Social Services to officials for review  or use in                                                               
official  capacities;   relating  to  reports  of   harm  and  to                                                               
adoptions  and   foster  care;  relating   to  consent   for  the                                                               
medication of  children in state custody;  prescribing the rights                                                               
of  family members  related to  child-in-  need-of-aid cases  and                                                               
establishing   a  familial   priority  for   adoption;  modifying                                                               
adoption and placement procedures in certain child-in-need-of-                                                                  
aid cases; amending Rules 9  and 13, Alaska Adoption Rules, Rules                                                               
3,  17.2, 18,  and  22, Alaska  Child  in Need  of  Aid Rules  of                                                               
Procedure,  and  Rules  14  and   15,  Alaska  Rules  of  Probate                                                               
Procedure; and providing for an effective date."                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 214                                                                                                                  
SHORT TITLE: ANATOMICAL GIFTS & REGISTRY                                                                                        
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE                                                                                           
                                                                                                                                
03/09/05       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/09/05       (H)       STA, HES                                                                                               
03/31/05       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/31/05       (H)       Moved Out of Committee                                                                                 
03/31/05       (H)       MINUTE(STA)                                                                                            
04/01/05       (H)       STA RPT 3DP 2AM                                                                                        
04/01/05       (H)       DP: RAMRAS, ELKINS, SEATON;                                                                            
04/01/05       (H)       AM: LYNN, GATTO                                                                                        
04/05/05       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
04/05/05       (H)       Moved CSHB 214(HES) Out of Committee                                                                   
04/05/05       (H)       MINUTE(HES)                                                                                            
04/07/05       (H)       HES RPT CS(HES) 5DP 2NR                                                                                
04/07/05       (H)       DP: ANDERSON, KOHRING, MCGUIRE, SEATON,                                                                
                         WILSON;                                                                                                
04/07/05       (H)       NR: CISSNA, GARDNER                                                                                    
04/12/05       (H)       TRANSMITTED TO (S)                                                                                     
04/12/05       (H)       VERSION: CSHB 214(HES)                                                                                 
04/13/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/13/05       (S)       STA, HES                                                                                               
04/21/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
04/21/05       (S)       Moved   SCS   CSHB   214(STA)   Out   of                                                               
                         Committee                                                                                              
04/21/05       (S)       MINUTE(STA)                                                                                            
04/22/05       (S)       STA RPT SCS 5DP SAME TITLE                                                                             
04/22/05       (S)       DP:    THERRIAULT,    ELTON,    WAGONER,                                                               
                         HUGGINS, DAVIS                                                                                         
04/29/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/29/05       (S)       Bills Previously Heard/Scheduled                                                                       
05/02/05       (S)       HES AT 2:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 53                                                                                                                   
SHORT TITLE: CHILDREN IN NEED OF AID/ADOPTION/GUARDIAN                                                                          
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
01/10/05       (H)       PREFILE RELEASED 1/7/05                                                                                

01/10/05 (H) READ THE FIRST TIME - REFERRALS

01/10/05 (H) HES, JUD, FIN 03/02/05 (H) SPONSOR SUBSTITUTE INTRODUCED 03/02/05 (H) READ THE FIRST TIME - REFERRALS 03/02/05 (H) HES, JUD, FIN 03/15/05 (H) HES AT 3:00 PM CAPITOL 106 03/15/05 (H) Heard & Held 03/15/05 (H) MINUTE(HES) 03/22/05 (H) HES AT 3:00 PM CAPITOL 106 03/22/05 (H) <subcommittee meeting> 03/31/05 (H) HES AT 3:00 PM CAPITOL 106 03/31/05 (H) Moved CSHB 53(HES) Out of Committee 03/31/05 (H) MINUTE(HES) 04/04/05 (H) HES RPT CS(HES) NT 5DP 04/04/05 (H) DP: ANDERSON, KOHRING, MCGUIRE, SEATON, WILSON 04/11/05 (H) JUD AT 1:00 PM CAPITOL 120 04/11/05 (H) <Bill Hearing Rescheduled to 4/12> 04/12/05 (H) JUD AT 8:00 AM CAPITOL 120 04/12/05 (H) Heard & Held 04/12/05 (H) MINUTE(JUD) 04/13/05 (H) JUD AT 1:00 PM CAPITOL 120 04/13/05 (H) Moved CSSSHB 53(JUD) Out of Committee 04/13/05 (H) MINUTE(JUD) 04/15/05 (H) JUD RPT CS(JUD) NT 5DP 2NR 04/15/05 (H) DP: KOTT, ANDERSON, DAHLSTROM, COGHILL, MCGUIRE; 04/15/05 (H) NR: GARA, GRUENBERG 04/21/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/21/05 (H) <Bill Hearing Postponed to 4/22> 04/22/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/22/05 (H) Heard & Held 04/22/05 (H) MINUTE(FIN) 04/26/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/26/05 (H) Heard & Held 04/26/05 (H) MINUTE(FIN) 04/27/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519 04/27/05 (H) Moved CSSSHB 53(FIN) Out of Committee 04/27/05 (H) MINUTE(FIN) 04/29/05 (H) FIN RPT CS(FIN) NT 4DP 6NR 04/29/05 (H) DP: HAWKER, FOSTER, CROFT, CHENAULT; 04/29/05 (H) NR: JOULE, MOSES, WEYHRAUCH, HOLM, KELLY, MEYER 04/29/05 (H) TRANSMITTED TO (S) 04/29/05 (H) VERSION: CSSSHB 53(FIN) 05/01/05 (S) READ THE FIRST TIME - REFERRALS 05/01/05 (S) HES, JUD, FIN 05/02/05 (S) HES AT 2:30 PM BUTROVICH 205 WITNESS REGISTER REPRESENTATIVE LESIL MCGUIRE Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Introduced HB 214 RYNNIEVA MOSS Legislative Aide to Representative John Coghill Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Introduced HB 53 STACIE KRALY, Senior Assistant Attorney General Department of Law PO Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Commented on HB 53 SELINA EVERSON Juneau, Alaska 99801 POSITION STATEMENT: Testified in support of HB 53 ACTION NARRATIVE CHAIR FRED DYSON called the Senate Health, Education and Social Services Standing Committee meeting to order at 2:48:33 PM. Present were Senator Kim Elton and Chair Fred Dyson. HB 214-ANATOMICAL GIFTS & REGISTRY 2:50:09 PM CHAIR DYSON announced HB 214 to be up for consideration. REPRESENTATIVE LESIL MCGUIRE introduced the bill and said it revises a bill passed the previous year that contained a few errors. The bill removes some overly onerous burdens for first responders and emergency medical technicians (EMTs), delegating some responsibilities to dispatchers. 2:53:21 PM CHAIR DYSON asked for clarification of the language in the sponsor statement on page 2. REPRESENTATIVE MCGUIRE said the language has to do with federal CFR language. 2:54:52 PM CHAIR DYSON held HB 214 in committee. HB 53-CHILDREN IN NEED OF AID/ADOPTION/GUARDIAN CHAIR DYSON announced HB 53 to be up for consideration. RYNNIEVA MOSS, legislative aide to Representative John Coghill, introduced the bill and advised it is a consolidation of four bills that were previously passed by the House. She described the bills and the reasons Representative Coghill feels they should be compiled into a single bill. 2:58:29 PM MS. MOSS advised another aspect of the bill was to strengthen families by seeing that extended family members and family friends are to be first and foremost in the consideration of preference to adopt children in need of aide (CINA). The bill gives an affirmative responsibility in rejecting the placement of children in the homes of their extended family, friends and a licensed foster home respectively. The bill would disallow the termination of parental rights on the basis of poverty alone. It encourages the Office of Children's Services (OCS) to train foster parents to be mentors. 3:02:13 PM House Bill 53 deals with psychotropic drugs and would allow parents to make decisions regarding the administration of the drugs. CHAIR DYSON asked Ms. Moss whether she is referring to birth parents. MS. MOSS said that is correct. CHAIR DYSON asked whether parental permission must be secured for any forms of medical treatment. MS. MOSS said parental permission must be secured for all major medical procedures regarding foster children. The bill would make the process transparent by opening hearings to the public. The hearing could be closed if it might result in stigmatization, if it might interfere with a criminal investigation, or it might violate state law. 3:05:39 PM SENATOR ELTON asked whether it is reasonable to expect a court to keep track of people who violate confidentiality. MS. MOSS replied there would have to be a complaint filed with the court that the aforementioned person violated confidentiality. 3:07:30 PM MS. MOSS continued the bill would establish a grievance process for parents who feel the case is not being handled properly. The bill would also allow the OCS to release confidential information under certain circumstances such as to clear up public misconceptions. SENATOR ELTON said the Open Meeting Act was different than Section 10, which applies to the reasons for closing a court hearing. He asked the reason for the difference in criteria. Ms. Moss advised of a provision in the Open Meetings Act that states, "if a person's reputation could be tarnished by the information being released during a hearing, it could go into executive session." Senator Elton asked whether that would cover stigmatization and inhibit a child's testimony. 3:11:54 PM STACIE KRALY, senior assistant attorney general, Department of Law (DOL), testified the distinction is that a court hearing has a different process and different rules than a public meeting. The exceptions under the Open Meetings Act would allow the DOL to protect the process if there were information of a private nature that had to be discussed. 3:13:40 PM CHAIR DYSON asked whether the DOL was substituting the word "relinquish" for the word "termination." MS. MOSS responded no. The state does not have statutory authority to do voluntary relinquishments and so the bill would establish that statutory authority. It would allow OCS to keep contact rights with children in cases of voluntary relinquishment. Another aspect of the bill would encourage audio and videotaping. The bill also defines 'child advocacy centers', a definition that the DOL, OCS and the child advocacy centers all agree on. CHAIR DYSON advised Ms. Moss of a bill introduced by Senator French, which proposes to allow greater taping ability on the part of OCS. MS. MOSS was unaware of the Senate Bill. HB 53 also establishes criteria for schools to follow when a child is to be interviewed. It directs OCS to work with the Department of Public Safety to set up a procedure for the interview. It would allow the legislative offices to remain non-party participants to the case even when the parental rights have been terminated. 3:18:43 PM SENATOR ELTON asked the reason for the extra step in terms of legislative access. MS. MOSS said when a parent signs a disclosure release they are allowed to ask the Legislature to inquire into a given case. Once parental rights are terminated, that disclosure release is no longer valid. Since the budget of the Ombudsman has been cut so severely, the cases now go to the legislative offices. SENATOR ELTON asked who would have priority in a case in which there is an adult family member and the child wants to stay with someone else. MS. MOSS responded if the child is 14, the child makes the decision. 3:22:05 PM MS. SELINA EVERSON testified she is a grandmother and a great grandmother and she would like the bill to pass because a lot of it has to do with Native children and it is an important part of Tlingit culture to intervene when a mother is not able to fulfill her parental responsibilities. Native people generally believe that Native children should be kept in Native homes unless the child's grandmother is not able to intervene. There are many cases in which children are removed from their homes and placed in non-Native homes. There are cases in Alaska where grandmothers are not given a chance to adopt the children despite a willingness and ability to do so. 3:24:56 PM SENTAOR DYSON held HB 53 in committee. There being no further business to come before the committee, he adjourned the meeting at 3:25:28 PM.

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