2015-04-16                     House Journal                      Page 0974
HB 200                                                                                                                        
HOUSE BILL NO. 200 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
    "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."                                                                                           
                                                                                                                                
was read the first time and referred to the Health & Social Services                                                            
and Judiciary Committees.                                                                                                       
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Health & Social Services                                                                                     
                                                                                                                                
The Governor's transmittal letter dated April 15, 2015, follows:                                                                
                                                                                                                                

2015-04-16                     House Journal                      Page 0975
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill that would allow adoption of a                                                           
child in State custody as a child in need of aid to be filed and heard as                                                       
a child-in-need-of-aid proceeding. Additionally, the bill would allow                                                           
for more flexibility in the form of the petition for adoption.                                                                  
                                                                                                                                
                                                                                                                                
Under current law, a person seeking to adopt a child who is in the                                                              
custody of the Department of Health and Social Services (Department)                                                            
must file a formal petition for adoption under AS 25.23.080 and have                                                            
the adoption hearing heard in a probate proceeding separate from the                                                            
child-in-need-of-aid proceeding under AS 47.10, despite the unique                                                              
nature of child-in-need-of-aid cases. The bill would ensure that                                                                
proceedings for the adoption of a child adjudicated to be in need of aid                                                        
to be filed and heard in the existing child-in-need-of-aid proceeding.                                                          
This would more fully protect the child, and those wishing to adopt the                                                         
child and would save resources by keeping the child-in-need-of-aid                                                              
proceeding and the adoption as one court matter. Second, the bill                                                               
would allow filing of a proxy for a formal petition to better address the                                                       
needs of Native and non-Native families by setting out in statute                                                               
alternatives to formal petitions to adopt currently required by State                                                           
law.                                                                                                                            
                                                                                                                                
The bill would allow use of a proxy for a formal petition to adopt; the                                                         
proxy could be filed by a child's relative, tribal member, or other                                                             
Indian family. A tribal member or relative also could make the request                                                          
to the Department by telephone, mail, facsimile, electronic mail, or in                                                         
person. Last, a proxy for a formal petition could be made by the child's                                                        
tribe or by a tribe in which the child would be eligible to be enrolled.                                                        
The Department also would have authority to develop regulations to                                                              
address other instances where a proxy for a formal petition to adopt                                                            
should be allowed.                                                                                                              
                                                                                                                                
                                                                                                                                
These changes would benefit our most vulnerable children by assuring                                                            
that adoption proceedings for children in need of aid are conducted in                                                          
the manner most beneficial to Alaska's children and their families.                                                             
                                                                                                                                

2015-04-16                     House Journal                      Page 0976
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"