Legislature(2005 - 2006)

2006-03-20 House Journal

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2006-03-20                     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.