Legislature(1999 - 2000)
2000-01-26 Senate Journal
Full Journal pdf2000-01-26 Senate Journal Page 2080 SB 224 SENATE BILL NO. 224 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: 2000-01-26 Senate Journal Page 2081 SB 224 An Act relating to the confidentiality of investigations, court hearings, and court and public agency information in child in need of aid matters; relating to immunity regarding disclosure of information in child in need of aid matters; amending Rules 3 and 22, Alaska Rules of Child in Need of Aid; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. Fiscal notes published today from Department of Health, Education and Social Services (2), Department of Law. Zero fiscal notes published today from Department of Administration (2), Department of Public Safety. Governors transmittal letter dated January 25: Dear President Pearce: As part of my administration's continuing effort to improve Alaska's child protection system, I am transmitting a bill that will open to the public information that has generally been closed -- court hearings, court records and state agency records in child in need of aid (CINA) matters. The issues surrounding public disclosure in children's matters can quickly become complicated, but the goal of this bill is simple: Shed more light on the child protection system and the system will improve. I believe public support for the approach taken in this bill will grow when the tragic circumstances affecting so many young lives are more fully understood, along with the daily challenges faced by those who work so hard to protect children. Concerns have been raised during the past few years about the state's confidentiality laws. These laws were created to protect the privacy of children and their families. But they also have the practical effect of limiting public oversight and understanding of the goals and activities of our child protection agencies. 2000-01-26 Senate Journal Page 2082 SB 224 In response to growing concerns, I established the Governor's Task Force on Confidentiality of Children's Matters, consisting of state and media officials. I asked the task force to determine whether Alaska's confidentiality laws could be relaxed with minimal infringement on the privacy of children, and whether we could design a more open system without jeopardizing child protection programs and continued receipt of federal funding. This bill reflects the task force recommendations to allow greater public access to court hearings, court records and records of state agencies concerning child protection activities. Amending our CINA statutes and court rules requires thoughtful planning. Thus, the bill will not be effective until July 1, 2001 -- approximately one full year after it is signed into law. It also requires a report back to the public and legislature by December 2002 to assess these new procedures and make recommendations to address any problems that may arise. More specifically, the bill affects CINA cases in the following ways: Court hearings would be opened to the public with limited exceptions -- for example, if the court determines an open hearing would emotionally harm a child, or when other state or federal laws require closed hearings. Court records would be opened unless a federal or state law prohibits the release. State agency records would be made available to the public in some cases, such as responding to allegations surrounding harm to a child in state custody. We have launched many initiatives in the past years to make Alaska a healthier, safer place for our children. But we can and must do more. This bill is the next step in our continuing efforts to protect young Alaskans. Sincerely, /s/ Tony Knowles Governor