Legislature(2015 - 2016)
2016-04-15 House Journal
Full Journal pdf2016-04-15 House Journal Page 2388 HB 200 The following was read the second time: HOUSE BILL NO. 200 "An Act establishing procedures related to a petition for adoption of a child in state custody; adding a definition of 'proxy for a formal petition'; amending Rule 6(a), Alaska Adoption Rules; and providing for an effective date." with the: Journal Page HSS RPT CS(HSS) NT 2DP 2NR 2009 FN2: ZERO(DHS) 2009 JUD RPT CS(HSS) NT 6DP 1NR 2292 FN2: ZERO(DHS) 2293 2016-04-15 House Journal Page 2389 Representative Millett moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 200(HSS) "An Act establishing procedures related to a petition or proxy for adoption or guardianship of a child in state custody; adding a definition of 'proxy for a formal petition'; amending Rules 5 and 6(a), Alaska Adoption Rules, and adding Rule 17.3, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Millett: Page 1, line 8: Delete "(a) The legislature finds that," Insert "The legislature finds that (1) all children in state custody should be close to home and with extended family members whenever possible; and" (2)" Page 1, line 13, through page 2, line 8: Delete all material. Page 6, lines 19 - 26: Delete "A person seeking the immediate permanent placement of an Indian child in state custody under this chapter may file a proxy for a formal petition for adoption or legal guardianship of the child. A proxy for a formal petition for adoption preserves the placement preferences of 25 U.S.C. 1915(a) with respect to the person who files the proxy. A proxy for a formal petition for legal guardianship preserves the placement preferences of 25 U.S.C. 1915(b) with respect to the person who files the proxy. The court shall hear proceedings related to the proxy as part of the child-in-need-of-aid proceedings relating to the child." Insert "A person seeking the immediate permanent placement of a child in state custody under this chapter may file a proxy for a formal petition for adoption or legal guardianship of the child. The court shall hear proceedings related to the proxy as part of the child-in-need-of- 2016-04-15 House Journal Page 2390 aid proceedings relating to the child. In the case of an Indian child, a proxy for a formal petition for (1) adoption preserves the placement preferences of 25 U.S.C. 1915(a) with respect to the person who files the proxy; and (2) legal guardianship preserves the placement preferences of 25 U.S.C. 1915(b) with respect to the person who files the proxy." Page 7, line 2: Delete "an Indian" Insert "a" Page 7, line 8: Delete "an Indian" Insert "a" Page 7, line 13: Delete "an Indian" Insert "a" Page 7, line 18, following "member": Insert "(A) means a person who is at least 18 years of age and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in- law, niece, nephew, first or second cousin, or stepparent; or (B) in the case of an Indian child," Page 7, line 20, through page 8, line 11: Delete all material and insert: "(2) "proxy for a formal petition" or "proxy" means (A) a request by a person who is interested in immediate permanent placement and adoption or legal guardianship of a child, and is an extended family member, member of an Indian child's tribe, or other Indian family member made at any court hearing or conveyed to the department by telephone, mail, facsimile, electronic mail, or in person; or (B) in the case of an Indian child, a request made to the department on behalf of a person described in (A) of this paragraph by (i) the Indian child's biological parent, 2016-04-15 House Journal Page 2391 individually or through counsel; or (ii) the Indian child's tribe, a tribe in which the Indian child is eligible for enrollment, or a tribe in which the Indian child's biological parent is a member; or (C) a proxy for a formal petition, as established by the department by regulation." Page 11, line 3: Delete "an Indian" Insert "a" Page 11, line 5: Delete "an Indian" Insert "a" Page 11, lines 11 - 13: Delete "25 U.S.C. 1915(a), and whether the current placement complies with 25 U.S.C. 1915(a) or whether there is good cause to deviate from the placement preferences under 25 U.S.C. 1915(a)" Insert "AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable, and, if 25 U.S.C. 1915(a) applies, whether the current placement is in compliance or whether there is good cause to deviate from the placement preferences" Representative Millett moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Millett moved and asked unanimous consent that CSHB 200(HSS) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 200(HSS) am was read the third time. The question being: "Shall CSHB 200(HSS) am pass the House?" The roll was taken with the following result: 2016-04-15 House Journal Page 2392 CSHB 200(HSS) am Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 1 ABSENT: 8 Yeas: Chenault, Claman, Colver, Drummond, Foster, Gara, Guttenberg, Herron, Hughes, Josephson, Kawasaki, Keller, Kito, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Olson, Ortiz, Reinbold, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tilton, Tuck, Vazquez, Wool Excused: Hawker Absent: Edgmon, Gattis, Johnson, Neuman, Pruitt, Saddler, Thompson, Wilson And so, CSHB 200(HSS) am passed the House. Representative Millett 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 Millett 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. Representative Talerico gave notice of reconsideration of the vote on CSHB 200(HSS) am.