Legislature(2005 - 2006)
2006-03-20 House Journal
Full Journal pdf2006-03-20 House Journal Page 2820 HB 408 The following, which was advanced to third reading from the March 17, 2006, calendar (page 2801), was read the third time: CS FOR HOUSE BILL NO. 408(FIN) am "An Act relating to the standard of proof required to terminate parental rights in child-in-need-of-aid proceedings; relating to a healing arts practitioner's duty to report a child adversely affected by or withdrawing from exposure to a controlled substance or alcohol; relating to disclosure of confidential or privileged information about certain children by the Departments of Health and Social Services and Administration; relating to permanent fund dividends paid to foster children and adopted children; amending Rule 18, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." Representative Coghill moved and asked unanimous consent that CSHB 408(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Gruenberg and Coghill: Page 5, line 4: Delete "family" Insert "care of a person for which there has been a report of harm" Page 5, line 28, following "ordered": Insert "to do so" Page 5, line 29 through Page 6, line 2: Delete all material. 2006-03-20 House Journal Page 2821 Representative Coghill moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Cissna moved and asked unanimous consent that CSHB 408(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Cissna: Page 1, line 1, following "Act" (title amendment): Insert "relating to intensive family preservation and reunification services;" Page 1, following line 7: Insert new bill sections to read: "* Section 1. AS 47.10.080(l) is amended to read: (l) Within 12 months after the date a child enters foster care as calculated under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and permanent plan developed in the hearing are governed by the following provisions: (1) the persons entitled to be heard under AS 47.10.070 or under (f) of this section are also entitled to be heard at the hearing held under this subsection; (2) when establishing the permanent plan for the child, the court shall make appropriate written findings, including findings related to whether (A) and when the child should be returned to the parent or guardian; (B) the child should be placed for adoption or legal guardianship and whether a petition for termination of parental rights should be filed by the department; and (C) the child should be placed in another planned, permanent living arrangement and what steps are necessary to achieve the new arrangement; (3) if the court is unable to make a finding required under (2) of this subsection, the court shall hold another hearing within a reasonable period of time; 2006-03-20 House Journal Page 2822 (4) in addition to the findings required by (2) of this subsection, the court shall also make appropriate written findings related to (A) whether the department has made the reasonable efforts required under AS 47.10.086 to offer appropriate family support services, available intensive family preservation services, or intensive family reunification services to remedy the parent's or guardian's conduct or conditions in the home that made the child a child in need of aid under this chapter; (B) whether the parent or guardian has made substantial progress to remedy the parent's or guardian's conduct or conditions in the home that made the child a child in need of aid under this chapter; (C) if the permanent plan is for the child to remain in out-of-home care [OUT-OF-HOME-CARE], whether the child's out-of-home placement continues to be appropriate and in the best interests of the child; and (D) whether the department has made reasonable efforts to finalize the permanent plan for the child; (5) the court shall hold a hearing to review the permanent plan at least annually until successful implementation of the plan; if the plan approved by the court changes after the hearing, the department shall promptly apply to the court for another permanency hearing, and the court shall conduct the hearing within 30 days after application by the department. * Sec. 2. AS 47.10.086(a) is amended to read: (a) Except as provided in (b) and (c) of this section, the department shall make timely, reasonable efforts to provide family support services to the child and to the parents or guardian of the child that are designed to prevent out-of-home placement of the child or to enable the safe return of the child to the family home, when appropriate, if the child is in an out-of-home placement. Within appropriations available for the purpose, the department shall also make reasonable efforts to refer a child for intensive family preservation services, or intensive family reunification services, or both, when those services are available and, if the child is in the home, the child's safety in the home can be maintained during the time the services are provided. The department's duty to make reasonable efforts under 2006-03-20 House Journal Page 2823 this subsection to provide family support services includes the duty to (1) identify family support services that will assist the parent or guardian in remedying the conduct or conditions in the home that made the child a child in need of aid; (2) actively offer the parent or guardian, and refer the parent or guardian to, the family support services identified under (1) of this subsection; the department shall refer the parent or guardian to community-based family support services whenever community-based services are available and desired by the parent or guardian; and (3) document the department's actions that are taken under [(1) AND (2) OF] this subsection, including whether intensive family preservation services or intensive family reunification services, or both, were appropriate, offered, used, or available." Page 1, line 8: Delete "Section 1" Insert "Sec. 3" Renumber the following bill sections accordingly. Page 6, line 20: Delete "Sections 1 - 3" Insert "Sections 3 - 5" Page 6, line 27: Delete "SECS. 1 - 3" Insert "SECS. 3 - 5" Delete "Sections 1 - 3" Insert "Sections 3 - 5" Page 7, line 2: Delete "Sections 1 - 3" Insert "Sections 3 - 5" Delete "sec. 9" Insert "sec. 11" 2006-03-20 House Journal Page 2824 Representative Cissna moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Coghill objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 408(FIN) am Second Reading Amendment No. 3 YEAS: 13 NAYS: 23 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Moses, Salmon Nays: Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, LeDoux, Lynn, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Anderson, McGuire, Ramras Absent: Kelly And so, Amendment No. 3 was not adopted. The question being: "Shall CSHB 408(FIN) am pass the House?" The roll was taken with the following result: CSHB 408(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Excused: Anderson, McGuire, Ramras 2006-03-20 House Journal Page 2825 Absent: Kelly And so, CSHB 408(FIN) am passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Coghill 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 408(FIN) am was referred to the Chief Clerk for engrossment.