2005-01-26                     Senate Journal                      Page 0161
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Law                                                               
 Fiscal Note No. 2, Department of Health and Social Services                                        
                                                                                                    
Governor's transmittal letter dated January 25:                                                     
                                                                                                    
Dear President Stevens:                                                                             
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill that will provide greater public access to child-in-                            
need-of-aid (CINA) hearings and records and other information that                                  
has been historically closed to the public.                                                         
                                                                                                    
The issues surrounding public disclosure in CINA 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                              
that public support of the approach taken in the 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 several years about the                                   
state's confidentiality laws in CINA matters.  These confidentiality                                
laws were created to protect the privacy interests of children and their                            
families in CINA matters, but they also have the practical effect of                                
limiting public oversight and understanding of goals and activities of                              
our child protection agencies.  This bill seeks to address these issues                             
by increasing public access in the following ways:                                                  
                                                                                                    
          Court hearings in CINA cases that are now closed to                                       
          the public would be open to the public, with limited                                      
          exceptions.  For example, the court may close a                                           
          CINA hearing to the public when a parent or child                                         
          has not had an opportunity to obtain legal                                                
          representation; when a child would otherwise be                                           
          emotionally damaged by an open hearing or would be                                        
          inhibited in testifying; or when an open hearing                                          
          would substantially compromise a criminal                                                 
          investigation.