Legislature(2005 - 2006)BUTROVICH 205

02/23/2005 08:30 AM JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 83 TERM. PARENTAL RTS/CINA/DELINQUENCY CASES TELECONFERENCED
Heard & Held
+ SB 84 CHILD PROTECTION CONFIDENTIALITY TELECONFERENCED
Scheduled But Not Heard
*+ SB 109 INCREASE FINE FOR SCHOOL ZONE VIOLATIONS TELECONFERENCED
Moved CSSB 109(JUD Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 23, 2005                                                                                        
                           8:37 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Hollis French                                                                                                           
Senator Gretchen Guess via teleconference                                                                                       
Senator Gene Therriault                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 109                                                                                                             
"An Act  relating to fines  for offenses committed  within school                                                               
zones."                                                                                                                         
                                                                                                                                
     MOVED CSSB 109(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 83                                                                                                              
"An  Act relating  to the  retaining of  certain privileges  of a                                                               
parent in a relinquishment and  termination of a parent and child                                                               
relationship  proceeding; relating  to eligibility  for permanent                                                               
fund dividends for certain children  in the custody of the state;                                                               
relating  to  child  in  need of  aid  proceedings  and  juvenile                                                               
delinquency proceedings; and providing for an effective date."                                                                  
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 84                                                                                                              
"An Act relating to the  confidentiality of investigations, court                                                               
hearings, and public agency records  and information in child-in-                                                               
need-of-aid  matters   and  certain  child   protection  matters;                                                               
relating  to  immunity  regarding disclosure  of  information  in                                                               
child-in-  need-of-aid  matters   and  certain  child  protection                                                               
matters; amending  Rules 3 and  22, Alaska  Child in Need  of Aid                                                               
Rules of Procedure; and providing for an effective date."                                                                       
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 109                                                                                                                  
SHORT TITLE: INCREASE FINE FOR SCHOOL ZONE VIOLATIONS                                                                           
SPONSOR(s): SENATOR(s) WILKEN                                                                                                   
                                                                                                                                
02/16/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/05       (S)       JUD, FIN                                                                                               
02/23/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 83                                                                                                                   
SHORT TITLE: TERM. PARENTAL RTS/CINA/DELINQUENCY CASES                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/26/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/26/05       (S)       HES, JUD                                                                                               
02/14/05       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
02/14/05       (S)       Moved SB 83 Out of Committee                                                                           
02/14/05       (S)       MINUTE(HES)                                                                                            
02/16/05       (S)       HES RPT 1DP 4NR                                                                                        
02/16/05       (S)       DP: DYSON                                                                                              
02/16/05       (S)       NR: ELTON, WILKEN, OLSON, GREEN                                                                        
02/23/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Senator Gary Wilken                                                                                                             
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of SB 109                                                                                        
                                                                                                                                
Mr. Bob Myers                                                                                                                   
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Testified in support of SB 109                                                                           
                                                                                                                                
Lt. Todd Sharp                                                                                                                  
Division of Alaska State Troopers                                                                                               
Department of Public Safety                                                                                                     
3700 East Tudor Road                                                                                                            
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:  Testified in support of SB 109                                                                           
                                                                                                                                
Ms. Stacie Kraly, Senior Assistant Attorney General                                                                             
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Introduced SB 83                                                                                         
                                                                                                                                
Ms. Marcie Kennai, Deputy Commissioner                                                                                          
Office of Children's Services                                                                                                   
Department of Health & Social Services                                                                                          
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Commented on SB 83                                                                                       
                                                                                                                                
Ms. Marcy Schmidt                                                                                                               
POSITION STATEMENT:  Testified in support of SB 83                                                                            
                                                                                                                                
Mr. Scott Calder                                                                                                                
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Commented on SB 83                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:37:33 AM.  Present were Senators                                                             
Hollis  French,   Charlie  Huggins,  Chair  Ralph   Seekins,  and                                                               
Gretchen Guess participating via teleconference.                                                                                
                                                                                                                                
        SB 109-INCREASE FINE FOR SCHOOL ZONE VIOLATIONS                                                                     
                                                                                                                              
SENATOR GARY WILKEN, sponsor of  SB 109, described the purpose of                                                               
the  bill  was a  measure  to  create  double fines  for  traffic                                                               
violations in school zones during school hours.                                                                                 
                                                                                                                                
8:40:26 AM                                                                                                                    
SENATOR WILKEN introduced  Crossing Guard Bob Myers  and Lt. Todd                                                               
Sharp.                                                                                                                          
                                                                                                                                
SENATOR  HUGGINS   asked  Senator   Wilken  whether   buses  were                                                               
considered in the bill.                                                                                                         
                                                                                                                                
8:43:11 AM                                                                                                                    
SENATOR WILKEN  stated his belief  that buses are  well accounted                                                               
for in existing legislation.                                                                                                    
                                                                                                                                
SENATOR FRENCH drew attention to  a paragraph in the Alaska State                                                               
Troopers fiscal note concerning  modification of the current bail                                                               
schedule. He asked Senator Wilken to clarify.                                                                                   
                                                                                                                                
SENATOR WILKEN deferred to Lt. Sharp.                                                                                           
                                                                                                                                
LT. TODD SHARP,  Alaska State Troopers, advised  the current bail                                                               
schedule would need to be modified.                                                                                             
                                                                                                                                
SENATOR FRENCH asked Lt. Sharp  to explain the difference between                                                               
the bail amount and the fine amount.                                                                                            
                                                                                                                                
LT. SHARP  responded the penalty  would be set at  twelve dollars                                                               
per mile per hour and the fine would be doubled.                                                                                
                                                                                                                                
8:48:30 AM                                                                                                                    
LT. SHARP clarified the fine amount  is based on the bail for the                                                               
amount of  speed over the  limit. The penalty is  the incremental                                                               
unit through which the fine is determined.                                                                                      
                                                                                                                                
SENATOR  FRENCH asked  if the  bail  was the  amount posted  when                                                               
contesting a ticket.                                                                                                            
                                                                                                                                
LT. SHARP affirmed.                                                                                                             
                                                                                                                                
CHAIR SEEKINS  asked the reason  the Anchorage  Police Department                                                               
has a  disproportionate amount of  traffic citations  and whether                                                               
there was  a specific  area with a  regular patrol  that accounts                                                               
for the disproportionate number of tickets.                                                                                     
                                                                                                                                
LT. SHARP did not know.                                                                                                         
                                                                                                                                
8:51:23 AM                                                                                                                    
SENATOR  HUGGINS  asked  whether  SB 109  would  require  a  sign                                                               
alerting people of the double fines.                                                                                            
                                                                                                                                
SENATOR  WILKEN  responded  the  bill  only  stipulates  flashing                                                               
lights.                                                                                                                         
                                                                                                                                
SENATOR THERRIAULT  asked Lt.  Sharp if  the fine  always matches                                                               
the bail.                                                                                                                       
                                                                                                                                
LT. SHARP  said if someone  contests the citation, a  judge could                                                               
reduce the fine. She or he could not exceed the fine.                                                                           
                                                                                                                                
CHAIR SEEKINS  noted sometimes blinking  lights are  not visible.                                                               
He  asked if  it was  possible  to ensure  that such  a light  is                                                               
visible to all drivers.                                                                                                         
                                                                                                                                
SENATOR  WILKEN  said  the  visibility  of  the  light  would  be                                                               
determined by Department of Transportation (DOT) specifications.                                                                
                                                                                                                                
SENATOR THERRIAULT  asked Lt. Sharp  to describe  the computation                                                               
of  how  the  surcharge  [funding   police  office  training]  is                                                               
figured.                                                                                                                        
                                                                                                                                
LT. SHARP  responded the surcharge  would be ten dollars  for any                                                               
variation of the penalty.                                                                                                       
                                                                                                                                
SENATOR  GUESS asked  Senator Wilken  to explain  the reason  the                                                               
bill stipulates flashing  yellow lights. She said  most lights in                                                               
her districts don't have flashing yellow lights.                                                                                
                                                                                                                                
SENATOR WILKEN responded  flashing lights define when  an area is                                                               
active.                                                                                                                         
                                                                                                                                
8:57:48 AM                                                                                                                    
MR. BOB MEYER,  crossing guard, introduced himself  in support of                                                               
the  bill.  He  described  the pertinent  aspects  of  his  work.                                                               
Children cross the  street unattended after 3:00  pm. Speeding is                                                               
common in the areas he has worked.                                                                                              
                                                                                                                                
9:00:08 AM                                                                                                                    
Peak time for student crossing  coincides with morning rush hour.                                                               
Drivers sometimes run stop signs or slide through them.                                                                         
                                                                                                                                
9:02:41 AM                                                                                                                    
MR. MEYER thanked  Senator Wilken for sponsoring  SB 109. Several                                                               
more people violate  the crossing zone than  are caught. Children                                                               
are often hit, injured, and killed.                                                                                             
                                                                                                                                
9:05:08 AM                                                                                                                    
CHAIR SEEKINS asked  whether there is a flashing  yellow light on                                                               
Danby road.                                                                                                                     
                                                                                                                                
MR. MEYER responded yes.                                                                                                        
                                                                                                                                
SENATOR WILKEN added SB 109  would be effective immediately in 95                                                               
zones across the state.                                                                                                         
                                                                                                                                
MS. NONA WILSON,  legislative liaison for DOT,  offered to answer                                                               
questions.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS asked  Ms. Wilson the standard  for flashing yellow                                                               
lights.                                                                                                                         
                                                                                                                                
MS.  WILSON responded  DOT focuses  on  consistency. The  control                                                               
devices  [flashing yellow  signs] are  placed outside  the lanes.                                                               
The standard  is two  installations. Sometimes  a third  light is                                                               
applied.                                                                                                                        
                                                                                                                                
9:08:52 AM                                                                                                                    
Criteria for placing signs are  complicated and are determined by                                                               
speed  of  traffic,  volume  of  traffic,  and  the  age  of  the                                                               
students. The cost for sign installation is $70,000.                                                                            
                                                                                                                                
CHAIR SEEKINS  mentioned he has  experienced rampant  speeding on                                                               
Minnesota  Avenue in  Fairbanks.  He has  often  missed the  sign                                                               
himself.  He  questioned the  responsibility  of  posting such  a                                                               
sign.                                                                                                                           
                                                                                                                                
9:12:47 AM                                                                                                                    
CHAIR SEEKINS wondered whether the  bill should include a mention                                                               
of visibility of signs.                                                                                                         
                                                                                                                                
MS. WILSON  noted the  alternative for  DOT would  be to  try and                                                               
provide additional advanced warning signage.                                                                                    
                                                                                                                                
9:14:46 AM                                                                                                                    
SENATOR  HUGGINS  wondered  whether   the  bill  included  school                                                               
parking  lots. He  expressed  concern about  the  hazards in  the                                                               
parking lots.                                                                                                                   
                                                                                                                                
9:18:03 AM                                                                                                                    
SENATOR  THERRIAULT asked  Lt. Sharp  if  the department  usually                                                               
tickets for three miles per hour over the speed limit.                                                                          
                                                                                                                                
LT. SHARP responded usually not.                                                                                                
                                                                                                                                
SENATOR WILKEN moved Amendment 1.                                                                                               
     Page 2, line 2 after the word "area" insert the word                                                                       
     "clearly". After the word "lights" insert "visible from all                                                                
     lanes of traffic."                                                                                                         
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR THERRIAULT  asked how Alaskans  would be informed  of the                                                               
new law.                                                                                                                        
                                                                                                                                
MS. WILSON said the DOT would be responsible for an ad campaign.                                                                
                                                                                                                                
SENATOR  HUGGINS   moved  CSSB   109(JUD)  from   committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
9:25:48 AM < Recess > 9:31:06 AM                                                                                            
                                                                                                                                
        SB 83-TERM. PARENTAL RTS/CINA/DELINQUENCY CASES                                                                     
                                                                                                                                
9:31:06 AM                                                                                                                    
CHAIR SEEKINS announced SB 83 to be up for consideration.                                                                       
                                                                                                                                
9:33:20 AM                                                                                                                    
MS. STACIE KRALY, senior assistant attorney general, Department                                                                 
 Of  Law  (DOL),  introduced  the  bill,  which  would  amend  AS                                                               
25.23.180 to  permit parents to relinquish  their parental rights                                                               
while retaining certain privileges  such as ongoing communication                                                               
or visitation with the child.  The proposal also adds language to                                                               
AS 43.23.005 to allow children  who are placed temporarily by the                                                               
Department of  Health and Social  Services (DHSS) outside  of the                                                               
state  to  maintain  eligibility  for  permanent  fund  dividends                                                               
(PFDs).  SB  83  also  adds   language  to  AS  47.10.020,  which                                                               
clarifies the  court may  issue any orders  necessary to  aid the                                                               
DHSS  in its  investigation of  an allegation  of child  abuse or                                                               
neglect.                                                                                                                        
                                                                                                                                
9:36:31 AM                                                                                                                    
SB  83  amends   the  definition  of  the   term  "mental  health                                                               
professional" in  AS 47.30.915. The  DOL offered an  amendment to                                                               
sections 5  and 9 of the  bill, which would effectively  amend AS                                                               
47.10.080(L)  and would  directly affect  child in  need of  aide                                                               
(CINA) rule 17.2.  The amendment would require the  court to rule                                                               
on whether DHSS has made  reasonable efforts toward permanency of                                                               
the child.                                                                                                                      
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
Page 1, line 4, following "delinquency proceedings;":                                                                         
                                                                                                                                
     Insert "relating to findings in permanency hearings in                                                                   
                                                                                                                                
child  in need  of aid  proceedings; amending  Rule 17.2,  Alaska                                                             
                                                                                                                                
Child in Need of Aid Rules;"                                                                                                  
                                                                                                                                
                                                                                                                                
Page 3, following line 6:                                                                                                       
                                                                                                                                
     Insert a new bill section to read:                                                                                         
                                                                                                                                
   "* Sec. 5.  AS 47.10.080(l) is amended to read:                                                                            
                                                                                                                                
          (l)  Within 12 months after the date a child enters                                                                   
                                                                                                                                
     foster care as calculated under AS 47.10.088(f), the court                                                                 
                                                                                                                                
     shall hold a permanency hearing.  The hearing and permanent                                                                
     plan developed in the hearing are governed by the following                                                                
                                                                                                                                
     provisions:                                                                                                                
                                                                                                                                
               (1)  the persons entitled to be heard under                                                                      
                                                                                                                                
     AS 47.10.070 or under (f) of this section are also entitled                                                                
                                                                                                                                
     to be heard at the hearing held under this section;                                                                        
                                                                                                                                
               (2)  when establishing the permanent plan for the                                                                
                                                                                                                                
     child, the court shall make appropriate written findings,                                                                  
                                                                                                                                
     including findings related to whether                                                                                      
                                                                                                                                
                    (A)  and when the child should be returned                                                                  
                                                                                                                                
          to the parent or guardian;                                                                                            
                                                                                                                                
                    (B)  the child should be placed for adoption                                                                
                                                                                                                                
          or  legal  guardianship  and  whether  a  petition  for                                                               
                                                                                                                                
          termination of  parental rights should be  filed by the                                                               
                                                                                                                                
          department; and                                                                                                       
                                                                                                                                
                    (C)  the child should be placed in another                                                                  
                                                                                                                                
          planned,  permanent living  arrangement and  what steps                                                               
                                                                                                                                
         are necessary to achieve the new arrangement;                                                                          
                                                                                                                                
               (3)  if the court is unable to make a finding                                                                    
                                                                                                                                
     required under (2) of this subsection, the court shall hold                                                                
                                                                                                                                
     another hearing within a reasonable period of time;                                                                        
                                                                                                                                
               (4)  in addition to the findings required by (2)                                                                 
                                                                                                                                
     of this subsection, the court shall also make appropriate                                                                  
                                                                                                                                
     written findings related to                                                                                                
                                                                                                                                
                    (A)  whether the department has made the                                                                    
                                                                                                                                
          reasonable  efforts  required   under  AS 47.10.086  to                                                               
                                                                                                                                
          offer  appropriate family  support  services to  remedy                                                               
                                                                                                                                
          the  parent's or  guardian's conduct  or conditions  in                                                               
                                                                                                                                
          the home  that made the  child a  child in need  of aid                                                               
                                                                                                                                
          under this chapter;                                                                                                   
                                                                                                                                
                    (B)  whether the parent or guardian has made                                                                
                                                                                                                                
          substantial   progress  to   remedy  the   parent's  or                                                               
                                                                                                                                
          guardian's conduct or conditions  in the home that made                                                               
          the child a child in need of aid under this chapter;                                                                  
                                                                                                                                
          [AND]                                                                                                                 
                                                                                                                                
                    (C)  if the permanent plan is for the child                                                                 
                                                                                                                                
          to remain in out-of-home care, whether the child's                                                                    
                                                                                                                                
          out-of-home placement continues to be appropriate and                                                                 
                                                                                                                                
          in the best interests of the child; and                                                                           
                                                                                                                                
                    (D)  whether the department has made                                                                    
                                                                                                                                
          reasonable efforts to finalize the permanent plan for                                                             
                                                                                                                                
          the child;                                                                                                        
                                                                                                                                
               (5)  the court shall hold a  hearing to review                                                                   
                                                                                                                                
     the  permanent  plan  at  least  annually  until  successful                                                               
                                                                                                                                
     implementation  of the  plan; if  the plan  approved by  the                                                               
                                                                                                                                
     court  changes  after  the  hearing,  the  department  shall                                                               
                                                                                                                                
     promptly apply to the court  for another permanency hearing,                                                               
                                                                                                                                
     and  the court  shall  conduct the  hearing  within 30  days                                                               
                                                                                                                                
     after application by the department."                                                                                      
                                                                                                                                
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
                                                                                                                                
Page 3, following line 28:                                                                                                      
                                                                                                                                
     Insert new bill sections to read:                                                                                          
                                                                                                                                
   "* Sec. 9.  The uncodified law of the State of Alaska is                                                                   
                                                                                                                                
amended by adding a new section to read:                                                                                        
                                                                                                                                
          DIRECT COURT RULE AMENDMENT.  Rule 17.2(f), Alaska                                                                    
                                                                                                                                
     Child in Need of Aid Rules, is amended to read:                                                                            
                                                                                                                                
          (f)  Additional Findings.  In addition to the findings                                                              
                                                                                                                                
     required  under paragraph  (e),  the court  shall also  make                                                               
                                                                                                                                
     written findings related to                                                                                                
                                                                                                                                
               (1)  whether the Department has made reasonable                                                                  
                                                                                                                                
     efforts required  under AS 47.10.086 or,  in the case  of an                                                               
                                                                                                                                
     Indian  child,  whether  the   Department  has  made  active                                                               
                                                                                                                                
     efforts  to  provide  remedial services  and  rehabilitative                                                               
     programs as required by 25 U.S.C. Sec. 1912(d);                                                                            
                                                                                                                                
               (2)  whether the parent or guardian has made                                                                     
                                                                                                                                
     substantial progress to remedy the parent's or guardian's                                                                  
                                                                                                                                
     conduct or conditions in the home that made the child a                                                                    
                                                                                                                                
     child in need of aid; [AND]                                                                                                
                                                                                                                                
               (3)  if the permanent plan is for the child to                                                                   
                                                                                                                                
     remain in out-of-home care, whether the child's out-of-home                                                                
                                                                                                                                
     placement continues to be appropriate and in the best                                                                      
                                                                                                                                
     interests of the child; and                                                                                            
                                                                                                                                
               (4)  whether the Department has made reasonable                                                              
                                                                                                                                
     efforts to finalize the permanent plan for the child.                                                                  
                                                                                                                                
   *  Sec. 10.   The  uncodified law  of the  State of  Alaska is                                                             
                                                                                                                                
amended by adding a new section to read:                                                                                      
                                                                                                                                
     CONDITIONAL EFFECT.  Section 5 of this Act takes effect                                                                    
                                                                                                                                
only if sec. 9 of this  Act receives the two-thirds majority vote                                                               
                                                                                                                                
of each house  required by art. IV, sec. 15,  Constitution of the                                                               
                                                                                                                                
State of Alaska."                                                                                                             
                                                                                                                                
                                                                                                                              
                                                                                                                                
Renumber the remaining bill section accordingly.                                                                                
                                                                                                                                
                                                                                                                                
SENATOR  THERRIAULT asked  whether the  bill related  to criminal                                                               
incarceration.                                                                                                                  
                                                                                                                                
9:39:12 AM                                                                                                                    
MS. KRALY  responded there are  two provisions within SB  83 that                                                               
address  children  in  state  custody. They  deal  with  the  PFD                                                               
dividend  and  allow  the  child   to  remain  eligible  for  the                                                               
dividend. The bill does not relate to criminal incarceration.                                                                   
                                                                                                                                
SENATOR HUGGINS asked  Ms. Kraly to describe  the PFD restitution                                                               
process.                                                                                                                        
                                                                                                                                
MS. KRALY  informed the state applies  for the PFD for  the child                                                               
in custody and  the dividend goes into a trust  account. When the                                                               
child  is  released,  the  PFD  goes  to  their  legal  guardian,                                                               
adoptive parents, or  to them if they have aged  out. The DOL may                                                               
request  permission to  use the  PFD to  repay restitution  for a                                                               
criminal infraction.                                                                                                            
                                                                                                                                
9:42:18 AM                                                                                                                    
SENATOR  FRENCH  asked the  Alaska  Supreme  Court decision  that                                                               
brought  about the  first  part  of SB  83  [allowing parents  to                                                               
retain communication with the child.]                                                                                           
                                                                                                                                
MS. KRALY responded it was Keith MW79P3rd 6/23/2003.                                                                            
                                                                                                                                
SENATOR FRENCH asked what happened.                                                                                             
                                                                                                                                
MS. KRALY  said the  general premise was  there was  no mechanism                                                               
within  the  current  statutory frame  for  a  relinquishment  to                                                               
contain   any  residual   privileges  or   rights  to   a  parent                                                               
relinquishing.                                                                                                                  
                                                                                                                                
SENATOR  FRENCH  noted  the relinquishment  is  voluntary  and  a                                                               
termination is caused through action  by the department. He asked                                                               
whether they were two different processes.                                                                                      
                                                                                                                                
MS. KRALY said historically the  DOL and the Office of Children's                                                               
Services (OCS)  have looked at  them as two  different processes.                                                               
There are  instances where it  makes sense to allow  for parental                                                               
contact, such as when another family member adopts the child.                                                                   
                                                                                                                                
9:45:47 AM                                                                                                                    
The relinquishment  with the conditions  is an effort to  allow a                                                               
parent to  make a difficult  decision easier and still  allow for                                                               
some contact.                                                                                                                   
                                                                                                                                
CHAIR SEEKINS  asked whether the  foster parents could  choose to                                                               
allow the contact and could they also discontinue the contact.                                                                  
                                                                                                                                
9:47:47 AM                                                                                                                    
MS. KRALY said  the foster parent always has the  ability to make                                                               
those kinds of decisions.                                                                                                       
                                                                                                                                
SENATOR  HUGGINS asked  Ms.  Kraly whether  SB 83  is  part of  a                                                               
larger strategy to modify how the DOL and OCS operate.                                                                          
                                                                                                                                
MS. KRALY advised  SB 83 is a technical amendment  to the current                                                               
statute. Over the course of hundreds  of court cases, the DOL has                                                               
discovered some hitches that need  fixed in order to successfully                                                               
litigate some  cases. The bill would  help the DOL more  than the                                                               
OCS as a tool to manage caseloads.                                                                                              
                                                                                                                                
9:50:37 AM                                                                                                                    
CHAIR SEEKINS  noted he  would ask the  drafters to  consider the                                                               
amendment for the next time the committee looks at SB 83.                                                                       
                                                                                                                                
SENATOR HUGGINS  moved Amendment 1  be adopted for  staff rewrite                                                               
for consideration.                                                                                                              
                                                                                                                                
SENATOR FRENCH objected  for the purpose of  discussion. He asked                                                               
Ms. Kraly to summarize the amendment.                                                                                           
                                                                                                                                
MS. KRALY  said currently the  court is required to  make certain                                                               
findings  in   CINA  hearings.  An  omission   that  the  federal                                                               
government  requires  for  foster care  funding  was  discovered.                                                               
Under state  and federal  law after  12 months  of a  child taken                                                               
into custody, it is required there  be a new hearing to discuss a                                                               
permanency plan.  The government requires  that the court  make a                                                               
special  judicial  finding  that  the  DOL  has  made  reasonable                                                               
efforts to  finalize the  permanency plan  for the  child. Judges                                                               
are uncomfortable to make those  findings. The amendment proposes                                                               
to make it  a required finding so the department  can continue to                                                               
receive foster care funding under Title 40.                                                                                     
                                                                                                                                
SENATOR FRENCH  assumed the department  wouldn't get  the funding                                                               
if the finding didn't occur.                                                                                                    
                                                                                                                                
MS. KRALY said correct.                                                                                                         
                                                                                                                                
9:53:58 AM                                                                                                                    
MS.  MARCIE KENNAI,  deputy  commissioner,  Office of  Children's                                                               
Services, said what the finding  is is irrelevant; they just need                                                               
a finding  to continue to  receive the  federal funding. It  is a                                                               
check and balance.                                                                                                              
                                                                                                                                
9:55:15 AM                                                                                                                    
SENATOR FRENCH removed his objection.                                                                                           
                                                                                                                                
MS. MARCY SCHMIDT testified in favor of SB 83.                                                                                  
                                                                                                                                
9:57:16 AM                                                                                                                    
MR. SCOTT CALDER testified in  favor of the proposed amendment to                                                               
SB 83. He expressed concern  with the word "privilege" in Section                                                               
1. He is not  in favor of Section 4. It  would be appropriate for                                                               
the   court   to  authorize   the   department   to  conduct   an                                                               
investigation to  the extent  of search and  seizure of  a child.                                                               
Section  5,  line 10  should  say  "diligent search"  instead  of                                                               
"reasonable search."                                                                                                            
                                                                                                                                
9:59:56 AM                                                                                                                    
SENATOR FRENCH asked  Mr. Calder to explain his  reference to the                                                               
US Constitution Fourth Amendment.                                                                                               
                                                                                                                                
MR. CALDER explained the department  could say that in conducting                                                               
an investigation they may want to  conduct an action to or upon a                                                               
person. That should  be a point where the  court should authorize                                                               
the action.                                                                                                                     
                                                                                                                                
CHAIR SEEKINS asked Mr. Calder  whether his concern is the extent                                                               
of the investigation.                                                                                                           
                                                                                                                                
MR. CALDER  said yes, if  the investigation amounts to  more than                                                               
just a phone  call. Search and seizure  requires greater scrutiny                                                               
and should be required through judicial oversight.                                                                              
                                                                                                                                
CHAIR SEEKINS held  SB 83 in committee and  adjourned the meeting                                                               
at 10:05:41 AM.                                                                                                               

Document Name Date/Time Subjects