SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(JUD) "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to guardianships; relating to the confidentiality of investigations, court hearings, court records, and public agency records and information in child- in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in- need-of-aid matters and certain child protection matters, to proceedings regarding voluntary relinquishment and termination of a parent and child relationship, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; reestablishing and relating to a state citizens' review panel; amending the obligation of a public agency to disclose agency information pertaining to a child in need of aid; relating to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to adoptions and foster care; relating to consent for the medication of children in state custody; prescribing the rights of family members related to child-in- need-of-aid cases and establishing a familial priority for adoption; modifying adoption and placement procedures in certain child-in-need-of- aid cases; relating to the admissibility into evidence of the prior recorded statement of a crime victim less than 16 years of age; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure, Rules 14 and 15, Alaska Rules of Probate Procedure, and Rule 801, Alaska Rules of Evidence; and providing for an effective date." This was the second hearing for this bill in the Senate Finance Committee. Co-Chair Green reminded the Committee that as several issues were raised during the first hearing on this bill, some amendments have been developed through which to either address concerns or to clarify certain points of the legislation. Amendment #1: This amendment deletes Sec. 14(t) on page ten lines 20 through 23. The language being deleted reads as follows. (t) The court may not terminate parental rights solely on the basis that the parent did not complete treatment required of the parent by the department for reunification with the child if the treatment required was unavailable to the parent and the department did not provide the treatment. Co-Chair Wilken moved Amendment #1. Co-Chair Green explained that this amendment would delete language prohibiting the termination of parental rights due to their non- completion of a specified treatment plan. REVINA MOSS, Staff to Representative John Coghill, stated that, while the Department of Health and Social Services would have strived to insure that parents completed their treatment plan, there was concern that the inclusion of this language would have provided parents "a piece of ammunition" through which to delay the process of getting treatment. There being no objection, Amendment #1 was ADOPTED. Amendment #2: This amendment deletes the phrase ", the legislature, or the governor" following "the department" from Sec. 23(b)(12) on page seventeen, lines six and seven. The revised language reads as follows. (12) a review panel established by the department for the purpose of reviewing the actions taken by the department in a specific case. Co-Chair Wilken moved for the adoption of Amendment #2. Co-Chair Green stated that this amendment would delete the words "'department and legislature' in order to comply with federal requirements that confidential information can only be reviewed by the Department and the State Review Panel". [NOTE: Co-Chair Green inadvertently stated "department and legislature" rather than the correct reference to "the legislature and the governor.] Ms. Moss noted that the federal Child Abuse Prevention and Treatment Act would require that the confidentially of records be restricted to the department. Therefore, the inclusion of the Legislature or the Governor in this regard would have "placed federal dollars at risk". Senator Hoffman asked for confirmation that the words "the legislature or the governor" would be deleted by the amendment. Co-Chair Green affirmed. The amendment language was correct; she had misspoken. She also noted that in order to further clarify the issue, the amendment is accompanied by a memorandum, dated April 11, 2005 from Jean Mischel, Legislative Counsel, Division of Legal and Research Services, and addressed to Representative Coghill. There being no objection, Amendment #2 was ADOPTED. 7:04:22 PM Amendment #3: This amendment deletes the words "foster parent" and inserts the words "out-of-home care provider" following the words "Grandparent or" in Sec. 51(c) on page 26, line ten. In addition, the amendment deletes the words "foster parent or other" following "and the" in Sec.51(c) on page 26, line 11. Co-Chair Wilken moved Amendment #3. Co-Chair Green stated that replacing the words "foster parent" with "out-of-home care provider" would make the language consistent with the Statutory change specified in Sec. 10 page six, line 18 through page seven line 24 regarding the sideboards for closing hearings to the public. Ms. Moss furthered that this amendment would be required to align Sec. 10 language with revisions in the bill that expand rights previously provided to foster parents to include other out of home care providers such as adult family members and family friends. Co-Chair Green qualified therefore that the proposed language would more clearly define who would be involved. Without objection, Amendment #3 was ADOPTED. Amendment #4: This amendment deletes the words "in the proceeding" following "further hearings" in Sec. 52(f)(5) page 27 line 28. Co-Chair Wilken moved the amendment. Co-Chair Green stated that the purpose of this conforming amendment would be to clarify that any person banned from one CINA hearing could be banned from all such hearings. Ms. Moss affirmed that the amendment would make the language consistent with language in Sec. 10. There being no objection, Amendment #4 was ADOPTED. 7:05:55 PM Amendment #5: This amendment deletes all language in Sec. 59 on page 31 lines four through 24. The language being deleted reads as follows. Sec. 59. The uncodified law of the State of Alaska is amended by adding a new section to read: DIRECT COURT RULE AMENDMENT. Rule 801(d), Alaska Rules of Evidence, is amended by adding a new paragraph to read: (3) Recorded Statement by Child Victims of Crime. The statement is a recorded statement by the victim of a crime who is less than 16 years of age and (A) the recording was made before the proceeding; (B) the victim is available for cross- examination; (C) the prosecutor and any attorney representing the defendant were not present when the statement was taken; (D) the recording is on videotape or other format that records both the visual and aural components of the statement; (E) each person who participated in the taking of the statement is identified on the recording; (F) the taking of the statement as a whole was conducted in a manner that would avoid undue influence of the victim; (G) the defense has been provided a reasonable opportunity to view the recording before the proceeding; and (H) the court has had an opportunity to view the recording and determine that it is sufficiently reliable and trustworthy and that the interests of justice are best served by admitting the recording into evidence. Co-Chair Wilken moved Amendment #5. Co-Chair Green stated that this amendment would remove language adopted by the Senate Judiciary Committee, as "that language is standard for a criminal trial not a civil trial". Removal of this language would maintain the order of civil trail proceedings. 7:06:31 PM Senator Hoffman asked the reasons for the action of the Senate Judiciary Committee. Ms. Moss responded that the intent of the Committee was to incorporate language from another bill into this bill. However, this bill relates to civil rather than criminal law. Co-Chair Green stated that the [unspecified] bill from which the language was fashioned related to criminal rather than civil statutes. Senator Hoffman acknowledged. Without objection, Amendment #5 was ADOPTED. Co-Chair Wilken moved to report the bill from Committee with individual recommendations and accompanying fiscal notes. There being no objection, SCS CS SS HB 53(FIN) was REPORTED from Committee with $82,700 fiscal note #12 dated April 27, 2005 from the Public Defender Agency, Department of Administration; $161,300 fiscal note #13 dated April 27, 2005 from the Office of Public Advocacy, Department of Administration; $94,900 fiscal note #14 dated April 27, 2005 from the Alaska Court System; $142,700 fiscal note #15 dated April 26, 2005 from the Office of Children's Services, Department of Health and Social Services; $106,200 fiscal note #16 dated April 27, 2005 from the Front Line Social Workers component, Office of Children's Services, Department of Health and Social Services; and $586,400 fiscal note #17 dated April 27, 2005 from the Department of Law. AT EASE 7:07:41 PM / 7:12:09 PM