Legislature(2011 - 2012)BUTROVICH 205
02/08/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Presentation: Alaska Children's Justice Task Force | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
JOINT MEETING
SENATE JUDICIARY STANDING COMMITTEE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
February 8, 2012
1:32 p.m.
MEMBERS PRESENT
SENATE JUDICIARY STANDING COMMITTEE
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator Lesil McGuire
Senator John Coghill
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
Senator Bettye Davis, Chair
Senator Dennis Egan
Senator Johnny Ellis
Senator Kevin Meyer
Senator Fred Dyson
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
PRESENTATION: ALASKA CHILDREN'S JUSTICE ACT TASK FORCE
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JAN RUTHERDALE, Senior Assistant Attorney General
Civil Division
Child Protection Section (CPS)
Department of Law
Juneau, Alaska
POSITION STATEMENT: Presented information on the Alaska
Children's Justice Act Task Force.
DR. KATHLEEN BALDWIN-JOHNSON, Trust Program Officer
Alaska Mental Health Trust (AMHT)
Department of Revenue and
Medical Director
Alaska Cares, Anchorage and The Children's Place, Wasilla
Anchorage, Alaska
POSITION STATEMENT: Presented information on the Alaska
Children's Justice Act Task Force.
THOM F. JANIDLO, Attorney at Law and Vice-Chair
Children's Justice Act Task Force
Anchorage, Alaska
POSITION STATEMENT: Presented information on the Alaska
Children's Justice Act Task Force.
ACTION NARRATIVE
1:32:17 PM
CHAIR HOLLIS FRENCH called the joint meeting of the Senate
Judiciary Standing Committee and the Senate Health and Social
Services Standing Committee to order at 1:32 p.m. Present at the
call to order were Senator Dyson and Chair Davis and Senators
Wielechowski, McGuire, and Chair French. Senators Paskvan,
Coghill, Egan, Ellis and Meyer arrived shortly thereafter.
^Presentation: Alaska Children's Justice Task Force
Presentation: Alaska Children's Justice Act Task Force
1:33:14 PM
CHAIR FRENCH announced that the committee would hear a
presentation on the Alaska Children's Justice Act (CJA) Task
Force. He welcomed the presenters.
JAN RUTHERDALE, Senior Assistant Attorney General, Civil
Division, Child Protection Section (CPS), Department of Law,
said she was appearing today as Chair of the Children's Justice
Act Task Force. She introduced the other presenters.
CHAIR FRENCH welcomed Senators Meyer, Egan and Coghill to the
committee.
1:34:45 PM
MS. RUTHERDALE stated that the CJA is a federal program that has
been in existence for 10 years in all 50 states. It provides
grants to states, based on population, to combat child
maltreatment through a multidisciplinary approach. Because
Alaska has a relatively small population, the task force works
with a small pool of money to focus in the areas that are most
in need at the moment. It relies on volunteer members and
collaborates with other groups working on similar issues.
She displayed the mission statement of the task force, which is
to:
Identify areas where improvement is needed in the
statewide response to child maltreatment, particularly
child sexual abuse, make recommendations and take
actions to improve the system.
This broad mandate allows the task force to select projects
based on a "who's not covering what" approach. This year the
particular focus is criminal law.
MS. RUTHERDALE listed the task force projects. One is to develop
and distribute better data. Another is to improve system
response, and the third is to make recommendations for law
changes. She elaborated on the difficulty of meshing data due to
varying systems used by agencies. She noted the task force is
grateful for collaboration with the Department of Health and
Social Services (DHSS), Maternal and Child Health Epidemiology
Unit on a Surveillance of Child Abuse and Neglect (SCAN)
program.
CHAIR FRENCH asked if the task force had worked with Mr. Rosay
from the University of Alaska Anchorage Justice Center.
MS. RUTHERDALE replied the UAA Justice Center is a very good
resource and task force worked with Mr. Rosay in the past, but
more recently had worked most closely with the SCAN unit.
CHAIR FRENCH recognized that Senator Ellis joined the committee.
MS. RUTHERDAY elaborated on improving system response. She
talked about supporting the development of Child Advocacy
Centers (CACs) and Multidisciplinary Teams (MDTs), and
highlighted that Alaska has 10 regional CACs and two satellite
centers. The Legislature has provided funding the last two years
since federal funding stopped. Related to CACs, the task force
has helped develop two publications. One is the Guidelines for
the Multidisciplinary Response that helps explain the different
roles in the initial response to investigations. Another is the
standardized medical documentation forms that are used in the
physical exams at the CACs.
1:41:59 PM
MS. RUTHERDALE discussed innovative programs the task force
supports. The Pathway to Hope is a program that was developed by
Alaska Natives to heal the intergenerational trauma of sexual
abuse. It's a training curriculum that is used in Alaska and
also presented nationally and internationally. The task force
provides funds to publish the curriculum. The other programs
specifically deal with the sexual exploitation of children,
particularly on the Internet. To this end, the task force has
worked with the Internet Crimes Against Children unit of law
enforcement and NetSmartz, which was also developed by law
enforcement. They also provided staff to help with in-school
education programs to let children and parents know about the
potential for becoming a victim.
She mentioned ways to improve system response through education
and training. The task force developed and distributes the
mandatory reporter training CD, and encourages professional
development by offering scholarships for trainings and
collaborating with the Alaska Children's Alliance to sponsor the
biennial Alaska Child Maltreatment Conference. Annual
legislative presentations are another education component. She
listed presentations to the Children's Caucus and legislative
committees and highlighted that recent presentations have
focused on gaps in the criminal laws regarding maltreatment of
children. This past year the task force took an additional step
to develop legislation.
SENATOR PASKVAN joined the committee.
1:46:11 PM
DR. KATHLEEN BALDWIN-JOHNSON, Trust Program Officer, Alaska
Mental Health Trust (AMHT), Department of Revenue, said she's
also the medical director for Children's Place and Alaska Cares,
the child advocacy centers in Wasilla and Anchorage. She
provided 2008 data about maltreatment-related child deaths.
About one of every five Alaskan child deaths was a result of
maltreatment. The numbers are even higher for Alaska Native
children at one out of four. Nearly three of every four were
infant deaths.
CHAIR FRENCH asked the source of the data.
DR. BALDWIN-JOHNSON explained that the numbers came from the
Maternal Child Health Epidemiology Unit within the Department of
Health and Social Services (DHSS), but they are a compilation of
reports from the maternal infant mortality review team, child
protection, law enforcement, hospital discharge data, and the
court system.
She discussed the types of maltreatment - physical abuse, sexual
abuse and neglect. In 2008 12,400 Alaskan children were likely
victims of at least one incident of maltreatment, as evidenced
by either a police report or medical diagnosis. Of those, 24
percent had at least one incident confirmed by a successful
prosecution or substantiation by the Office of Children's
Services (OCS). She stressed that these statistics represent the
tip of the iceberg. Valid research shows that outcomes for
children whose abuse is not substantiated are similar for those
children for whom their abuse is substantiated. This translates
to about 34 children a day who were likely maltreated.
Neglect is the most common type of maltreatment. In 2008, 8,900
Alaskan children were likely victims of at least one incident of
neglect. About 25 percent of those had at least one incident
confirmed, usually by OCS substantiation. That translates to
about 25 children a day who were maltreated due to neglect.
1:51:08 PM
DR. BALDWIN-JOHNSON said that in 2008, 2,700 Alaskan children
were likely victims of at least one incident of physical abuse.
About 22 percent of those had at least one incident confirmed,
which translates to about seven children a day who were
maltreated due to physical abuse.
In 2008, about 1,900 Alaskan children were likely victims of at
least one incident of sexual abuse. About 16 percent of those
had at least one incident confirmed. This number is
substantially lower than other types of confirmed maltreatment
because sexual abuse is very hard to confirm. Oftentimes the
children are very young, they typically have normal exams and
there is often no corroborating evidence. This translates to as
many as five Alaskan children a day who were likely victims of
sexual abuse.
CHAIR FRENCH asked what type of behaviors are included in these
statistics.
DR. BALDWIN-JOHNSON replied these cases usually involve personal
contact.
1:53:11 PM
DR. BALWIN-JOHNSON related the costs for treatment of children
who are maltreated, and the adults they become. There are costs
to long and short-term medical and mental health care, child
protection system and the juvenile and adult criminal justice
systems. It affects future earnings and quality of life,
something that is difficult to quantify monetarily.
She discussed results of the Centers for Disease Control and
Prevention (CDC) Adverse Childhood Experiences (ACE) [Study]
that was done in collaboration with Kaiser Permanente in
California. The findings suggest a clear link between adverse
childhood experiences and all the most common causes of adult
disease and death. The first article written about this study
was appropriately titled "Turning Gold into Lead."
DR. BALWIN-JOHNSON displayed a graph of actual and estimated
rising health care costs in the U.S. from FY1996 to FY2016.
Child maltreatment contributes to these costs. A recent online
publication titled "The Economic Burden of Child Maltreatment in
the United States" looked at the cost of fatal and non-fatal
child abuse over the potential lifetime of that child. It
estimated the average medical cost for a child who dies as a
result of maltreatment to be $14,000. Productivity losses for
that child were estimated to be nearly $1.3 million.
About 10 infants die every year in Alaska as a result of
maltreatment. The annual economic cost to Alaskans for this,
based on medical costs and productivity losses, is estimated to
be nearly $13 million. This number would likely double if older
children were included.
The national average lifetime cost of nonfatal child
maltreatment is about $210,000 per child. The Alaska numbers
(based on 3,000 to 12,400 cases - substantiated cases of abuse
and suspected cases of abuse) show an estimated annual economic
cost of child maltreatment to be between $625 million and $2.6
billion.
1:58:13 PM
THOM F. JANIDLO, Attorney at Law and Vice-Chair, Children's
Justice Act Task Force, reported that over the past year, the
task force reviewed child abuse statutes in Alaska and other
states and found that Alaska laws had shortcomings that affect
children and the perpetrators. The task force subsequently
worked on proposals to raise the bar of accountability for
perpetrators and provide greater protection for Alaska's
children. It has four recommendations.
The first recommendation is to modify the assault statutes to
create broader criminal liability for assaults on children. The
problem is that for a felony prosecution to go forward, current
statute requires a serious physical injury or multiple events or
an event for which a reasonable caregiver would seek medical
attention. He reviewed the statutory definition for "serious
physical injury" and informed the committee that abuse of a
child doesn't always rise to that standard. A solution would be
to add a new definition in statute for "serious bodily injury to
a child."
2:02:50 PM
DR. BALDWIN-JOHNSON displayed pictures of physical injuries to
children by caretakers that did not meet the current statutory
definition for "serious physical injury." These were photos of
young children that had been burned, strangled and beaten.
CHAIR FRENCH stressed the extreme seriousness and violence of
strangulation. It is very high on the lethality index.
DR. BALDWIN-JOHNSON described the damage done to children that
does not meet current standards of physical injury.
MR. JANIDLO presented a new definition of serious bodily injury
to a child:
Serious bodily injury to the child" includes, but is
not limited to, second- or third-degree burns, a
fracture of any bone, a concussion, subdural or
subarachnoid bleeding, retinal hemorrhage, cerebral
edema, brain contusion, strangulation, injuries to the
skin that involve severe bruising or the likelihood of
permanent or protracted disfigurement, including those
sustained by striking children with objects, or other
physical injury that results in significant physical
injury to the child.
CHAIR FRENCH asked if the task force discussed the proposed
language with the Department of Law.
MR. JANIDLO replied there has been an ongoing dialog.
CHAIR FRENCH said he looks forward to hearing the Department of
Law's reaction to these proposals.
MR. JANIDLO said the suggestion is to apply the proposed
definition to children under age 12, and to children under age
16 who are mentally or physically impaired. The definition and
applicability should be added to all three felony assault
statutes.
He also mentioned a post-conviction recommendation. To recognize
the mental harm resulting from physical injury, create a
sentencing aggravator if the serious bodily injury to a child
resulted in significant mental injury to the child.
MR. JANIDLO said the second recommendation is to strengthen
statutes regarding exposure of children to drugs.
2:08:43 PM
DR. BALDWIN-JOHNSON presented information about the difficulty
of prosecuting a person who has exposed a child to drugs to the
extent that the child tests positive for that drug. For example,
infants have tested positive for cocaine because their parents
smoke crack cocaine in their presence. In other instances
children have almost died from overdosing on drugs that were
left sitting out and available.
CHAIR FRENCH asked if these cases occur with regularity.
DR. BALDWIN-JOHNSON replied yes, and it's a statewide issue.
MS. RUTHERDALE added that in child abuse and neglect cases,
children are often tested for exposure to drugs. She clarified
that the suggestion is not to prosecute every case, but to
establish tools to do so.
2:11:14 PM
MR. JANIDLO said a solution to this problem is to amend the
endangering the welfare of a minor statute to penalize reckless
exposure of a child to controlled substances. The penalties
would vary depending on how dangerous the drug is.
DR. BALDWIN-JOHNSON added that it's also difficult to prosecute
for indirect exposure to dangerous chemicals used in drug labs,
such as methamphetamine labs. Mr. Janidlo said here too, the
solution is to penalize reckless exposure of a child to
chemicals used in meth labs.
MR. JANIDLO said the third recommendation is to increase the
penalties when a parent intentionally withholds adequate food or
liquids.
DR. BALDWIN-JOHNSON highlighted that there have been a number of
cases where children were intentionally starved, either as a
punishment or a means of control. Although some of these
children nearly died, the current penalty is a misdemeanor.
MR. JANIDLO said the solution is to modify the criminal
nonsupport statute to create a class C felony for a parent or
guardian who intentionally fails to provide adequate food and
[liquids] to a child. The standard for that determination should
be that a reasonable person would conclude that the child was
not receiving adequate food or liquids.
2:13:34 PM
CHAIR FRENCH commented that here too, he would rely on the
Department of Law to determine the scope of the problem.
MR. JANIDLO said the fourth recommendation is to create a
criminal law that prohibits an incarcerated person from
contacting a victim or witness. The problem is that the current
statutes do not fully protect a child victim from influences and
pressure prior to trial and sentencing. He gave examples.
The solution is to add new theories to the unlawful contact
statute. Penalize a person who is jailed before trial or
sentencing for contacting a victim or witness of the offense in
violation of a no-contact order, and penalize a person who
assists the defendant in engaging in such contact.
CHAIR FRENCH acknowledged that as he reviewed the statute just
now, it was unclear as to what conditions pertain to a person
who has not been released. He continued that he didn't recall
which statute deals with violating a no contact order from jail.
MR. JANIDLO responded it's usually in the domestic violence
statutes.
DR. BALDWIN-JOHNSON added that often the remedy is contempt of
court, and it's frequently not exercised. However, it is
important to discourage the behavior because the contact could
result in the victim recanting.
CHAIR FRENCH offered assurance that he'd review this with DOL
and fix anything that's missing.
2:17:29 PM
DR. BALDWIN-JOHNSON summarized that legislative changes are
necessary to enhance the safety of Alaskan children.
MR. JANIDLO added that the solution is to pass legislation to
make people more accountable, and find more champions for
children.
2:18:55 PM
SENATOR COGHILL spoke of the difficulty of working between civil
and criminal law, and asked the task force's perspective on how
the two interact.
DR. BALDWIN-JOHNSON recalled times in her practice when civil
and criminal cases went along simultaneously. It can be
beneficial when, for example, there is communication between a
parent's probation officer and a child's social worker.
SENATOR COGHILL mentioned the importance of CACs, and expressed
concern about the potential for social workers to thwart or bias
investigations. He then highlighted the differences between
Title 47 and Title 11.
MS. RUTHERDALE related that social workers sometimes have to be
reminded that they aren't in law enforcement. She gave an
example.
MR. JANIDLO observed that there was a need for more CACs
statewide.
CHAIR FRENCH thanked the presenters.
2:25:59 PM
There being no further business to come before the committees,
Chair French adjourned the meeting at 2:25
| Document Name | Date/Time | Subjects |
|---|---|---|
| CJA proposed legisation 12-6-11.doc |
SJUD 2/8/2012 1:30:00 PM |
Children's Justice Act Task Force proposed legislation |
| CJA statement regarding proposed legislation 11-18-11.doc |
SJUD 2/8/2012 1:30:00 PM |
Children's Justice Act Task Force Statement |