HB 322-SAFE SURRENDER OF BABIES                                                                             
                                                                                                                                
9:31:12 AM                                                                                                                    
CHAIR  RALPH SEEKINS  announced CSHB  322(JUD)  AM to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  GABRIELLE LADOUX  introduced her  aide, Christine                                                               
Marasigan.                                                                                                                      
                                                                                                                                
CHRISTINE MARASIGAN,  Staff to Representative  LeDoux, introduced                                                               
the  bill,  which she  referred  to  as  the "Safe  Surrender  of                                                               
Infants  Act."  To   date  there  are  47   states  with  similar                                                               
legislation.  It is  a bill  that would  allow parents  to safely                                                               
surrender an  infant up to  21 days  after birth without  fear of                                                               
being  criminally  prosecuted.  The  intent of  the  bill  is  to                                                               
encourage people to not abandon infants  in a way that could lead                                                               
to injury  or death.  There are  letters of  support in  the bill                                                               
packet from Planned Parenthood and the Alaska Women's Lobby.                                                                    
                                                                                                                                
SENATOR  HOLLIS  FRENCH  asked  whether the  bill  has  seen  any                                                               
opposition.                                                                                                                     
                                                                                                                                
MS. MARASIGAN stated no.                                                                                                        
                                                                                                                                
CHAIR  SEEKINS  asked  the  current   process  for  when  someone                                                               
abandons a baby.                                                                                                                
                                                                                                                                
MS. MARASIGAN deferred the question to Tammy Sandoval.                                                                          
                                                                                                                                
9:34:13 AM                                                                                                                    
TAMMY  SANDOVAL,   Deputy  Commissioner,  Office   of  Children's                                                               
Services (OCS), Department of Health  and Social Services (DHSS),                                                               
introduced  herself   and  JAN  RUTHERDALE,   Assistant  Attorney                                                               
General, Department of Law (DOL).                                                                                               
                                                                                                                                
CHAIR  SEEKINS  reiterated  his   question  regarding  the  legal                                                               
process when a parent abandons a baby.                                                                                          
                                                                                                                                
MS. RUTHERDALE explained  the process for when  a mother abandons                                                               
her child under HB 190; the  official that she abandons the child                                                               
to would immediately contact OCS  and DHSS. OCS would contact the                                                               
DOL and  together they  would file  for a  petition for  child in                                                               
need of  aide (CINA). It  would be  treated as any  CINA petition                                                               
and the  grounds would be  abandonment. If the mother  refuses to                                                               
name the father  it makes things harder but that  is also common.                                                               
As  far  as issuing  a  birth  certificate,  there would  be  one                                                               
issued.                                                                                                                         
                                                                                                                                
CHAIR  SEEKINS asked  the  process  if it  were  the father  that                                                               
brings the child in.                                                                                                            
                                                                                                                                
MS. RUTHERDALE  said there  would be  no difference.  The process                                                               
would be the  same. She did note that a  paternity test is simple                                                               
to do and orders are easy to obtain.                                                                                            
                                                                                                                                
MS. SANDOVAL  added that  the issue is  to address  young mothers                                                               
who become  overwhelmed by  the prospect of  parenthood. It  is a                                                               
passionate  response,  she  said,  and the  Department  wants  to                                                               
encourage  the  parent to  surrender  the  baby without  fear  of                                                               
prosecution.  There  are  contingencies  that  state  the  parent                                                               
cannot have abused or neglected  the child. She said she believes                                                               
the bill would address the rare circumstance of abandonment.                                                                    
                                                                                                                                
9:38:16 AM                                                                                                                    
SENATOR GRETCHEN GUESS noted the purpose  of the bill was to stem                                                               
the  cases  of  children  being  abandoned  in  unsafe  areas  or                                                               
conditions.                                                                                                                     
                                                                                                                                
MS. RUTHERDALE agreed.                                                                                                          
                                                                                                                                
9:40:16 AM                                                                                                                    
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR  GUESS  moved  CSHB  322(JUD)   AM  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.