Legislature(1997 - 1998)
1998-05-06 House Journal
Full Journal pdf1998-05-06 House Journal Page 3572 HB 375 The following was read the second time: HOUSE BILL NO. 375 "An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to registration of certain sex offenders; relating to sentencing for certain crimes involving child victims; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; authorizing the establishment of a multidisciplinary child protection team to review reports of child abuse or neglect; 1998-05-06 House Journal Page 3573 HB 375 relating to immunity from liability for certain state actions concerning matters involving child protection and fatality reviews and children in need of aid; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and to payment for children in foster and other care and the waiver of certain foster care requirements; relating to the access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NT 5DP 2898 3 FNS (COR, DHSS, COURT) 2900 INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98 2900 JUD RPT CS(JUD) NT 1DP 1NR 2AM 3275 3 FNS (COR, DHSS, COURT) 4/7/98 3277 INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98 3277 FIN RPT CS(FIN) NT 2DP 1DNP 4NR 3552 3 FNS (COR, DHSS, COURT) 4/7/98 3553 INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98 3553 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 375(FIN) "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment 1998-05-06 House Journal Page 3574 HB 375 of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ogan: Page 1, line 5, following "victims;"(title amendment): Insert "relating to modification of child support orders by the child support enforcement agency;" Page 14, following line 9: Insert a new bill section to read: "* Sec. 15. AS25.27 is amended by adding a new section to read: Sec. 25.27.194. Processing time for modification of support orders. The agency shall use its best efforts to process modifications of support orders under AS 25.27.190 and 25.27.193 in a manner that will result in the same average processing time for modifications that increase obligors' responsibilities as for modifications that decrease obligors' responsibilities." Renumber the following bill sections accordingly. Renumber internal references to bill sections in accordance with this amendment. Below are all internal bill section references in this bill: Page 55, line 8 Page 55, line 11 Page 55, line 14 Page 55, line 17 Page 55, line 19 Page 55, line 26 Page 55, line 31 Page 56, line 8 Page 56, line 11 1998-05-06 House Journal Page 3575 HB 375 Page 56, line 13 Page 56, line 14 Page 56, line 17 Page 56, line 20 Page 56, line 26 Page 56, line 29 Page 57, line 5 Page 57, line 8 Page 57, line 9 Page 57, line 12 Page 57, line 19 Page 58, line 2 Page 58, line 5 Page 58, line 10 Page 58, line 13 Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 375(FIN) am "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to modification of child support orders by the child support enforcement agency; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and 1998-05-06 House Journal Page 3576 HB 375 foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules." Amendment No. 2 was offered by Representative Davies: Page 2, line 3, following "facilities;"(title amendment): Insert "relating to determinations of child custody and visitation in situations involving domestic violence;" Page 13, line 27: Insert new bill sections to read: "* Sec. ____ AS 25.20.061 is amended to read: Sec. 25.20.061. Presumptions ¦VISITATIONá in proceedings involving domestic violence. (a) If the court finds by a preponderance of the evidence that domestic violence as defined in AS 18.66.990(3)(A) has occurred, rebuttable presumptions arise that it is (1) detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of the domestic violence; and (2) in the best interest of the child to reside with the parent who is not a perpetrator of domestic violence in a location of that parents choice, inside or outside the state. (b) In addition to the rebuttable presumptions that a court must consider under (a) of this section, if the court finds that domestic violence has occurred, the court shall consider the following factors in making an award of child custody: (1) the safety and well-being of the child or of the parent who is the victim of domestic violence; (2) the perpetrators history of causing physical harm, bodily injury, or assault, or of causing reasonable fear of physical harm, bodily injury, or assault to another person. (c) If a parent is absent or relocates because of an act of domestic violence by the other parent, the court may not consider the absence or relocation as a factor against that parent in determining custody. 1998-05-06 House Journal Page 3577HB 375 (d) The court may award ¦IFá visitation ¦IS AWARDEDá to a parent who has committed a crime involving domestic violence, against the other parent or a child of the two parents, only if the court finds the safety of the child and the other parent can be protected. (e) If visitation is awarded under (d) of this section [WITHIN THE FIVE YEARS PRECEDING THE AWARD OF VISITATIONá, the court may set conditions for the visitation, including the following: (1) the transfer of the child for visitation must occur in a protected setting; (2) visitation shall be supervised by another person or agency and under specified conditions as ordered by the court; (3) the perpetrator shall attend and complete, to the satisfaction of the court, a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by the Department of Corrections under AS 44.28.020(b), or other counseling; the perpetrator shall be required to pay the costs of the program or other counseling; (4) the perpetrator shall abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours before visitation; (5) the perpetrator shall pay costs of supervised visitation as set by the court; (6) the prohibition of overnight visitation; (7) the perpetrator shall post a bond to the court for the return and safety of the child; and (8) any other condition necessary for the safety of the child, the other parent, or other household member. * Sec. ___ AS25.20.070 is amended to read: Sec. 25.20.070. Temporary custody of the child. Unless it is shown to be detrimental to the welfare of the child or the court determines that domestic violence has occurred, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody under AS 25.20.060 - 25.20.130. * Sec. ____ AS25.20.090 is amended to read: Sec. 25.20.090. Factors for consideration in awarding shared child custody. In determining whether to award shared custody of a child the court shall consider (1) presumptions under AS25.20.061; 1998-05-06 House Journal Page 3578 HB 375 (2) the childs preference if the child is of sufficient age and capacity to form a preference; (3) ¦(2)á the needs of the child; (4) ¦(3)á the stability of the home environment likely to be offered by each parent; (5) ¦(4)á the education of the child; (6) ¦(5)á the advantages of keeping the child in the community where the child presently resides; (7) ¦(6)á the optimal time for the child to spend with each parent considering (A) the actual time spent with each parent; (B) the proximity of each parent to the other and to the school in which the child is enrolled; (C) the feasibility of travel between the parents; (D) special needs unique to the child that may be better met by one parent than the other; (E) which parent is more likely to encourage frequent and continuing contact with the other parent; (8) ¦(7)á any findings and recommendations of a neutral mediator; (9) ¦(8)á any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents; (10) ¦(9)á evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; (11) ¦(10)á other factors the court considers pertinent." Renumber the remaining bill sections according. Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Dyson objected. Representative Bunde placed a call of the House. Amendment to Amendment No. 2 was offered by Representative Porter: 1998-05-06 House Journal Page 3579 HB 375 Under Sec. 25.20.061(d), following "parent can be": Insert "reasonably" Representative Porter moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Bunde lifted the call. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 2, as amended. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 375(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. The Speaker stated that, without objection, the third reading of CSHB 375(FIN) am would be waived. The question being: "Shall CSHB 375(FIN) am pass the House?" The roll was taken with the following result: CSHB 375(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Kohring Excused: Barnes, Kookesh Absent: Hanley, Therriault And so, CSHB 375(FIN) am passed the House. 1998-05-06 House Journal Page 3580 HB 375 Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 375(FIN) am was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess until 2:00 p.m.; and so, the House recessed at 1:32 p.m.