HOUSE BILL NO. 53 An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to a duty and standard of care for services to children and families; amending court hearing procedures to allow public attendance at child-in-need-of-aid proceedings; establishing a right to a trial by jury in termination of parental rights proceedings; reestablishing and relating to state and local citizens' review panels for certain child custody matters; amending the duty to disclose information pertaining to a child in need of aid; establishing a distribution age for permanent fund dividends held in trust for a child committed to the custody of the Department of Health and Social Services; mandating reporting of the medication of children in state custody; prescribing the rights of grandparents related to child-in- need-of-aid cases and establishing a grandparent priority for adoption in certain child- in-need-of-aid cases; modifying adoption and placement procedures in certain child-in- need-of- aid cases; amending treatment service requirements for parents involved in child-in-need-of-aid proceedings; amending Rules 3 and 18, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date. Vice-Chair Stoltze MOVED to ADOPT work draft #24-LS0251\N, Mischel, 4/21/05, as the version of the bill before the Committee. There being NO OBJECTION, it was adopted. 3:30:19 PM RYNNIEVA MOSS, STAFF, REPRESENTATIVE JOHN COGHILL, stated that the bill is a "family's right act". The proposed bill would open child-in-need-of-aid (CHINA) proceedings to the public. HB 53 provides placement and adoption preference to relatives. It establishes in statute a grievance procedure, a citizen's review panel and that school interviews are done discretely. The legislation encourages the use of child advocacy centers and the use of videotaping. Current language is mandatory; Representative Coghill has agreed to an amendment making it permissive. HB 53 eliminates language in AS 47.10.960, which states there is no duty or standard of care for children in State custody. Ms. Moss noted that HB 17 was rolled into HB 53 with regard to the confidential information. It will extend the relationship with Office of Child's Service (OCS) beyond the termination of parental rights. The legislation gives preference to adoption by a family member who has cared for the child during the previous 12 months. 3:36:16 PM Representative Weyhrauch referred to an abuse situation in Wasilla and asked if provisions in the bill addressed that specific case. 3:37:10 PM HEATHER NOBREGA, STAFF, REPRESENTATIVE NORM ROKEBERG, related that portions of the bill resulted from that case and relate to adult family members of the children that have been adopted. She pointed out that their office had worked to help assert their rights into the process. Representative Weyhrauch questioned if provisions in the bill could have prevented the situation. Ms. Nobrega explained that the abuse happened after the kids were adopted. She added that family members had contacted the Office of Child Services before they had been adopted. The bill attempts to help adult family members early on to get more active in placement of children in adoption. Vice-Chair Stoltze commented the bill could offer relief to the appropriate family members. 3:39:15 PM Ms. Moss opined that the bill could not have prevented that situation and that no legislator was contacted until after the abuse had occurred. There was no way to prevent it. Representative Croft thought that it could have been avoided if the Division of Family and Youth Services (DFYS) had been given more consideration during placement of the children. If preference had been given to an adult relative, it could have possibly been addressed. 3:40:57 PM Representative Croft requested information about the fiscal note. Ms. Moss explained that changes in the committee substitute impacted the fiscal note. Representative Croft wondered if some of the problems in the fiscal note were caused by biological preference. STACY KRALY, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, replied that the federal government required that OCS only disclose confidential information with a parent. There was a previous version in the bill that allowed a broader exposure. If the bill were passed as previously amended, it could have meant about a $30 million dollar federal loss. Representative Croft questioned if that had been addressed in the proposed version. Ms. Kraly replied it had and that there no longer was a problem with preference with respect to placement, but the issue of disclosure of confidential information remains. 3:43:40 PM Representative Holm remembered a case in which grandparents wanted custody of their grandchildren; he asked if that was one of the current cases. Ms. Moss provided details about that case and noted that one of the provisions included in the bill resulted from that case. The State has a right to stay involved as long as the child is in State custody. 3:46:35 PM TAMMY SANDOVAL, ACTING DEPUTY COMMISSIONER, OFFICES OF CHILDREN'S SERVICES (OCS), DEPARTMENT OF HEALTH & SOCIAL SERVICES, related that HB 53 addresses changes in the child- in-need-of-aid statutes. The bill focuses on accountability for professionals involved in those cases. It should improve practice and allow for detecting transparency in the children's system. HB 53 incorporates identical language from the Governor's bills, HB 113 and HB 114. The Department supports passage of HB 53 with recommendation of a few small changes. Representative Kelly inquired if the attached four amendments addressed Ms. Sandoval's concerns. Ms. Sandoval replied they did. 3:49:08 PM PAT LUBY, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, ALASKA ASSOCIATION OF RETIRED PEOPLE (AARP), ANCHORAGE, testified in support of HB 53. He pointed out that AARP is an organization of grandparents. Unfortunately, there are situations that put a parent's right at risk. HB 53 puts other family members, including grandparents as the priority order for guardianship and adoption rights. Often times, placement with a grandparent would be in the best interest of a minor child. AARP encourages the Committee to pass HB 53. 3:49:58 PM TAMI ELDER, (TESTIFIED VIA TELECONFERENCE), NETWORK COORDINATOR, VOLUNTEERS OF AMERICA (VOA), ANCHORAGE, shared stories of the importance of being raised by grandparents. Grandparents usually attempt to keep their families in tact and provide a safe and loving home for their grandchildren. Most families in those situations have not had involvement with OCS. Ms. Elder spoke in favor of HB 53. 3:54:35 PM SCOTT CALDER, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS, expressed disappointment that certain sections had not been included in the bill: · Chapter 117, SLA 19.90 language, which established the citizen review panel for planning, an act never permitted to be implemented on the duty of the standard of care language; · Construction language regarding the fact that parents possesses inherent individual right to direct and control the education of their child. Mr. Calder acknowledged that grandparents needed greater recognition in the system, as do the parents. He added that the Department would control all the information that people have on a child, which worried him. Mr. Calder highlighted concerns regarding the review panel and spoke in opposition to the legislation. 4:03:50 PM KELLY HUBER, SELF, JUNEAU, spoke in support of the bill. She noted that she was a Court appointed special advocate and worked as a volunteer for the State for children-in- need-of-aid cases and from children removed from their homes. She encouraged members to consider the needs of these children. The bill helps young children in Alaska. Child protective services are "under a microscope right now". She pointed out that the bill would open up court hearings and requested that the Committee consider the ramifications that would have on the child. Ms. Huber addressed the generational abuse that some children experience. She urged that the best interest of the child always be considered. She added her support that notification is given to living relatives if parental rights are terminated. In a traditional-type family setting that could be wonderful, however, many of these children do not live in that type environment, compounded with alcohol and drug abuse. She hesitated that all living relatives should be notified and recommended sidebars be given for some of the requirements. Ms. Huber pointed out that foster homes had been left out of the preference list on Page 20. She reiterated that consideration of the child be the highest priority and that sidebars be added for the protection of those children. 4:09:21 PM Representative Kelly inquired if Ms. Huber had spoken with the sponsor regarding her concerns. Ms. Huber noted that she had been working with the sponsor. She hoped that Representative Hawker would also help address the concerns, reiterating the importance of "open hearings". Ms. Huber reminded members that these kids are fragile; they have had a rough life. 4:10:41 PM Representative Kelly requested further information on the amendments. Representative Holm inquired if there had been training involved representing the children. Ms. Huber replied that there is a training program provided by the court, with an additional 12 hours per year continued education. She pointed out that it is the only volunteer service within that system. Ms. Huber stated that she reports directly to the guardian ad liam, who works for Office of Public Advocacy (OPA). Representative Holm inquired if they were certificated to be advocates for children. Ms. Huber did not think they were certificated. 4:12:22 PM HB 53 was HELD in Committee for further consideration. 4:13:30 PM