Legislature(2017 - 2018)CAPITOL 106
04/06/2017 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB10 | |
| SCR2 | |
| HB54 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 10 | TELECONFERENCED | |
| += | HB 25 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| += | SCR 2 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 10-CHILD IN NEED OF AID/PROTECTION; DUTIES
3:05:13 PM
CHAIR SPOHNHOLZ announced that the first order of business would
be HOUSE BILL NO. 10, "An Act relating to the duties of the
Department of Health and Social Services; relating to child-in-
need-of-aid proceedings; relating to child protection; and
amending Rules 6(a), 6(b)(2) and (3), 10(c)(2) and (3),
10(e)(2), 10.1, 15(f)(2), 17(c), 17(d)(2), 17.1(b), 17.1(d)(3),
17.2(a), 17.2(e), 17.2(f), 17.3, 18(c), and 19.1(c), Alaska
Child in Need of Aid Rules of Procedure, and repealing Rules
17.1(a), 17.1(c), and 17.1(d)(2), Alaska Child in Need of Aid
Rules of Procedure."
3:05:27 PM
REPRESENTATIVE TAMMIE WILSON, Alaska State Legislature,
paraphrased from the Sponsor Statement [Included in members'
packets], which read:
Inequality should not be tolerated! Currently, the
Office of Children Services (OCS) has two
discriminatory standards for Alaska's children.
Congress passed the Indian Child Welfare Act (ICWA) in
1978 as a response to then-prevalent culturally
insensitive state government child welfare practices
that negatively impacted "Indian children", their
families, and their tribes. The ICWA aims to ensure
that Indian children are removed from their parents
only after carefully crafted efforts have been made to
maintain the Indian family. In 1996, the Alaska Court
System received a major federal grant to study and
improve the state's handling of child protection
cases, including child abuse, neglect, foster care,
and adoption litigation. These cases are called child
in need of aid cases, or CINA. The CINA guide
describes how these cases are handled by the state,
the roles played by various individuals, agencies, and
courts. The child's ethnicity changes the level of the
State's duty. When the child in custody is Indian, the
State has an affirmative duty to make "active efforts"
to reunify the family (ICWA). When the child is non-
Indian, the State must make "reasonable efforts"
(CINA). "Active efforts" is a more stringent standard
than "reasonable efforts," which embody duties that
touch on important rights of parents. HB 10 raises the
standard so that all of Alaska's children are treated
the same.
REPRESENTATIVE WILSON stated that one standard would make it
easier for the department, as all staff would be trained
specifically for this standard. She pointed out that there was
a difference between active and reasonable. Reasonable was
determined as the parents need to follow the guidelines and find
the services; whereas, active required the case worker to be
more active in the program. Whether in an Alaska Native
community or not, most parents found themselves scared and not
knowing how the system worked. She declared that a steadier
means to find the necessary resources to reunify the family,
including counseling and drug rehabilitation, was the purpose.
3:08:54 PM
REPRESENTATIVE WILSON paraphrased the Sectional Analysis,
[included in members' packets], which read as follows:
Section 1. AS 47.05.065 This section is amended to
ensure that remedial and rehabilitative programs are
offered to all families so they have the opportunity
to remedy the parental conduct or condition in the
home that placed the child at risk of damage or harm
and that the more stringent requirement of "active"
efforts (as opposed to "reasonable" efforts) are made.
That the child is placed in a safe, secure, and stable
environment that is in the least restrictive setting
that most approximates a family home in which the
child's needs may be met and that is within reasonable
proximate to the child's home
Sec. 2. AS 47.10.011 This section is amended to ensure
that the more stringent standards are used by the
court when determining, by a preponderance of the
evidence, that a child is in need of aid.
Sec. 3. AS 47.10.011 This section is amended by adding
a new subsection so that the same standards used to
make a determination of physical damage or harm are
parallel to the more stringent standards of U.S.C.
1901-1963, as set forth in the Indian Child Welfare
Act of 1978, (ICWA) regardless of whether the child is
an Indian child.
Sec. 4. AS 47.10.013(a) This section is amended to
require that the court substantiate the more stringent
standards of "serious" risk, as opposed to
"substantial" risk. It also adds "emotional or
physical damage," in addition to "harm" to parallel
ICWA standards.
Sec. 5. AS 47.10.015. This section is amended to
ensure that the more stringent standards of ICWA are
used by the court when determining, by a preponderance
of the evidence, that a child was a victim of harm or
neglect from the conduct by, or conditions created by
a parent, guardian or custodian.
Sec. 6. AS 47.10.030(c) This section is amended to
require the court to make a finding that the
conditions or surroundings that prevention of imminent
physical damage or harm to the child requires the
immediate assumption of custody by the court, the
court may order, by endorsement upon the summons, that
the officer serving the summons shall take the child
into custody and make temporary placement of the child
that the court directs.
Sec. 7. AS 47.10.080(c) AS 47.10.80(1) requires the
department to place the child in a setting as provided
under AS 47.14.100 or 25 U.S.C. 1915(b) and requires
active efforts to find a permanent placement for the
child.
Sec. 8. AS 47.10.080(f) This section is amended to
require an additional finding by the court as to
whether the child should be returned to the custody of
the parent or guardian.
Sec. 9. AS 47.10.080(l) It requires a more stringent
standard that when the department is establishing the
permanent plan for the child, the court shall make
appropriate written findings, including findings
related to whether "returning the child to the child's
parent or guardian is likely to result in serious
emotional or physical damage to the child".
Sec. 10. AS 47.10.080(p) This section is amended to
require the more stringent standards of ICWA in that
active efforts must provide opportunities for and to
facilitate reasonable visitation if the child is
removed from the parental home.
Sec. 11. AS 47.10.080 NEW SUB SECTION AS 47.10.080 is
amended by adding a new subsection which would require
that an order issued under this section not allow
removal of a child from the child's home or continued
placement of the child outside the child's home unless
there is, at the time the order is issued, clear and
convincing evidence, including the testimony of a
qualified expert witness who is not employed by the
department, that the child is likely to suffer serious
emotional or physical damage if left with or returned
to the child's parent or guardian.
Sec. 12. AS 47.10.081(b) This section has been revised
to require the determination of whether continued
custody of the child by the child's parent or guardian
is likely to result in serious emotional or physical
damage and be included in the disposition report.
Sec. 13. AS 47.10.086(a) This section has been
repealed and reenacted to identify family support
services; and that remedial services and
rehabilitative programs may include services and
programs provided by the community, or other
organizations. It also requires "active" measures in
referring and obtaining support services for a parent
or guardian. The department's duty to make active
efforts under this subsection includes the duty to
assist the child's parent or guardian through the
steps of a case plan and with accessing or developing
the resources necessary to satisfy the case plan. The
department shall tailor its active efforts to the
facts and circumstances of the case and list the
efforts.
Sec. 14. AS 47.10.086(b) This section is amended to
parallel the more stringent standards as in ICWA.
Sec. 15. AS 47.10.086(d) This section is amended to
parallel the more stringent standards as in ICWA.
Sec. 16. AS 47.10.086(e) This section is amended to
parallel the more stringent standards as in ICWA.
Sec. 17. AS 47.10.086(f) This section is amended to
parallel the more stringent standards as in ICWA.
Sec. 18. AS 47.10.088(a) This section is amended to
parallel the more stringent standards as in ICWA. It
requires that evidence beyond a reasonable doubt,
including the testimony of a qualified expert witness,
who is not employed by the department, that continued
custody of the child by the parent or guardian is
likely to result in serious physical or emotional
damage to the child.
Sec. 19. AS 47.10.088(b) This section is amended for
house-keeping purposes and to parallel the more
stringent standards as in ICWA.
Sec. 20. AS 47.10.088(d) The section is amended to
read that the department shall petition for
termination of a parent's rights to a child, without
making further active efforts, when a child is under
the jurisdiction of the court under AS 47.10.010 and
47.10.011 and the court has made a finding under AS
47.10.086(b) that the best interests of the child do
not require further active efforts by the department
unless the department had documented a compelling
reason for determining that the petition would not be
in the best interest of the child. A compelling reason
under this subsection may include care by a relative
for the child.
Sec. 21. AS 47.10.088(g) This section is amended so
that the department must parallel the ICWA standards.
In filing a petition to terminate parental rights, the
department must determine that continued custody of
the child by the child's parents or guardian would
likely result in serious emotional or physical damage.
Sec. 22. AS 47.10.142(a) This section is amended to
parallel the more stringent standards as in ICWA.
Sec. 23. AS 47.10.142(b) This section is amended to
allow for the department to take emergency custody of
a minor from the minor's parent or guardian only if it
is necessary to prevent the imminent physical damage
or harm to the child.
Sec. 24. AS 47.10.142(d) This section is amended to
parallel the more stringent standards as in ICWA. The
court must determine that allowing the department's
continuing temporary legal custody of the child is
based on the necessity to prevent imminent physical
damage or harm to the child.
3:18:51 PM
Sec. 25. AS 47.10.142(e) This section is amended to
direct the court to also determine at the temporary
custody hearing whether (1) by a preponderance of the
evidence, removal of the child is necessary to prevent
imminent physical damage or harm to the child, or (2)
by clear and convincing evidence, including the
testimony of a qualified expert witness who is not
employed by the department, the child would likely
suffer serious physical or emotional damage if left in
the child's home. If the Court finds that probable
cause exists for believing that the child is a child
in need of aid and that a sufficient showing has been
made under either (1) or (2) of this subsection, it
shall order the child committed to the department for
temporary placement outside the home of the child's
parent or guardian. If the court finds that probably
cause does not exist for believing the child is a
child in need of aid, but that a sufficient showing
has not been made under (1) or (2) of their subsection
the court shall order the child to be either committed
to the custody of the department with temporary
placement to be in the child's home or returned to the
custody of the child's parent or guardian.
Sec. 26. AS 47.10.142(f) This section is amended for
house-keeping purposes to parallel the more stringent
standards as in ICWA. The provision, except as
provided in (i) of this section, limits the temporary
placement under this section to 30 days.
Sec. 27. AS 47.10.142(h) This section is amended to
change the timeline for court review of the placement
plan and actual placement of the child under AS
47.10.080 (I) to occur within 30 days, as opposed to
12 months, after a child is committed to the
department.
Sec. 28. AS 47.10.142 This section is amended by
adding a new paragraph to read: The court may only
order a child committed to for temporary placement
under (e) and (f) of this section for more than 30
days if the court determines by clear and convincing
evidence, including the testimony of a qualified
expert witness who is not employed by the department,
that custody of the child by the child's parent or
guardian is likely to result in imminent physical
damage or harm to the child or that extraordinary
circumstances exist.
Sec. 29. AS 47.10.990 This section is amended by
adding a new paragraphs [sic] to define "active
effort," "emotional damage," and "remedial services
and rehabilitative programs".
Sec. 30. AS 47.14.100(r) is amended to read: This
section is amended to parallel the more stringent
efforts as in ICWA.
Sec. 31. AS 47.17.290(3) This section is amended to
parallel the more stringent definition of "child abuse
or neglect".
Sec. 32. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 6(a), Alaska Child in Need of Aid
Rules of Procedure; amends the "Emergency Custody
Without Court Order" standards to parallel the ICWA
standards.
Sec. 33. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 6(b)(2), Alaska Child in Need of Aid
Rules of Procedure; amends the "Form, Contents of
Motion" standards for removal of a child to parallel
the ICWA standards.
Sec. 34. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 6(b)(2), Alaska Child in Need of Aid
Rules of Procedure, is amended to read: (3) Order;
amends the standards for emergency orders of removal
of a child to parallel ICWA standards.
Sec. 35. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 10(c)(2), Alaska Child in Need of Aid
Rules of Procedure; amends the standards for removal
of a child to parallel the ICWA standards.
Sec. 36. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 10(c)(3), Alaska Child in Need of Aid
Rules of Procedure; amends the standards for removal
of a child to parallel the ICWA standards.
Sec. 37. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 10(e)(2), Alaska Child in Need of Aid
Rules of Procedure; amends that standards for the
return of the child to the child's home to parallel
ICWA standards.
Sec. 38. The uncodified law of the State of Alaska is
amended by adding a new section to read: DIRECT COURT
RULE AMENDMENT. Rule 10.1(a)(1), Alaska Child in Need
of Aid Rules of Procedure; amends Findings to parallel
ICWA standards.
Sec. 39. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 15(f)(2), Alaska Child in Need of Aid
Rules of Procedure; amends the inquiry and findings
required by CINA Rule 10.1 to parallel ICWA standards.
Sec. 40. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 17(c), Alaska Child in Need of Aid
Rules of Procedure; amends the Requirements for
Disposition to parallel ICWA standards.
Sec. 41. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 17(d)(2), Alaska Child in Need of Aid
Rules of Procedure; amends the standards the court
uses to approve the removal of the child from the
child's home to parallel ICWA standards.
Sec. 42. The uncodified law of the State of Alaska is
amended by adding a new section to read: DIRECT COURT
RULE AMENDMENT. Rule 17.1(b), Alaska Child in Need of
Aid Rules of Procedure, amends the standard used by
the court in determining if a continuation of active
efforts is not in the best interest of the child by
paralleling them to the ICWA standard.
Sec. 43. The uncodified law of the State of Alaska is
amended by adding a new section to read: DIRECT COURT
RULE AMENDMENT. Rule 17.1(d)(3), Alaska Child in Need
of Aid Rules of Procedure; amends the standard to
determine the Child's Best Interests to parallel the
ICWA standard.
Sec. 44. The uncodified law of the State of Alaska is
amended by adding a new section to read: DIRECT COURT
RULE AMENDMENT. Rule 17.2(a), Alaska Child in Need of
Aid Rules of Procedure; amends the standards for
Purpose and Timing of the Hearing for a child in need
of aid to parallel ICWA standards.
3:28:01 PM
Sec. 45. The uncodified law of the State of Alaska is
amended by adding a new section to read: DIRECT COURT
RULE AMENDMENT. Rule 17.2(e), Alaska Child in Need of
Ai d Rules of Procedure; amends the standards used by
the court for making written findings to parallel ICWA
standards.
Sec. 46. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 17.2(f), Alaska Child in Need of Aid
Rules of Procedure; amends the standards used to apply
additional findings to parallel ICWA standards.
Sec. 47. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 17(3), Alaska Child in Need of Aid
Rules of Procedure; amends the standard applied to
petition or proxy for adoption or legal guardianship
of a child under AS 47.10.111
Sec. 48. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 18(c), Alaska Child in Need of Aid
Rules of Procedure; amends the standard applied to
Burden of Proof to parallel ICWA standards.
Sec. 49. The uncodified law of the State of Alaska is
amended by adding a new section: DIRECT COURT RULE
AMENDMENT. Rule 19.1(c), Alaska Child in Need of Aid
Rules of Procedure; amends the standard applied for
Disposition Order, pursuant to AS 47.10.100(a) to
parallel ICWA standards.
Sec. 50. The uncodified law of the State of Alaska is
amended by adding a new section: REPEAL OF COURT
RULES. Rule 17.1(a), 17.1(c), and 17.1(d)(2), Alaska
Child in Need of Aid Rules of Procedure, are repealed.
Sec. 51. AS 47.10.086(c), 47.10.086(g), 47.10.088(e),
47.10.990(11), 47.10.990(21), 47.10.990(27) and
47.10.990(30) are repealed.
Sec. 52. The uncodified law of the State of Alaska is
amended by adding a new section: TWO-THIRDS VOTE NOT
REQUIRED. Because the provisions of Rules 6(a),
6(b)(2) and (3), 10(c)(2) and (3), 10(e)(2), 10.1,
15(f)(2), 17(c), 17(d)(2), 17.1(a), 17.1(b), 17.1(c),
17.1(d)(2) and (3), 17.2(a), 17.3 and 18(c), Alaska
Child in Need of Aid Rules of Procedure, that are
affected by the provisions of this Act were adopted
under the Alaska Supreme Court's interpretive
authority exercised under art. IV, sec. 1,
Constitution of the State of Alaska, secs. 32 - 45,
48, and 50 of this Act take effect even if secs. 32 -
45, 47, 48, and 50 of this Act do not receive the two
thirds majority vote normally applicable to changing
court rules under art. IV, sec. 15, Constitution of
the State of Alaska.
Sec. 53. The uncodified law of the State of Alaska is
amended by adding a new section: APPLICABILITY. This
Act applies to child-in-need-of-aid petitions filed or
pending on or after the effective date of this Act.
Sec. 54. The uncodified law of the State of Alaska is
amended by adding a new section: CONDITIONAL EFFECT.
AS 47.10.080(l), as amended by sec. 9 of this Act, AS
47.10.081(b), as amended by sec. 12 of this Act, and
AS 47.10.142(d), as amended by sec. 24 of this Act
take effect only if secs. 9, 12, and 24 of this Act
receive the two thirds majority vote of each house
required by art. IV, sec. 15, Constitution of the
State of Alaska.
3:37:24 PM
REPRESENTATIVE JOHNSTON directed attention to the qualified
external witness mentioned in Sections 11, 25, and 28, and asked
how Representative Wilson visualized this working.
REPRESENTATIVE WILSON replied that this was currently done in
ICWA (Indian Child Welfare Act of 1978) cases, and it depended
on the issues with the parents. She explained that, currently
in non-ICWA cases, the expert witness could be the case worker,
which would change in the proposed legislation.
REPRESENTATIVE JOHNSTON asked if there was a state or federal
contract with the expert witness.
REPRESENTATIVE WILSON explained that currently this was
determined by the attorneys. She stated that the fiscal note
reflected the state expense for an expert witness. She said
that parents could fight an OCS determination, hence the need
for the expert witness. She said this need for a witness could
also be necessary for terminations, as most cases not under ICWA
utilized the case worker.
3:39:51 PM
REPRESENTATIVE KITO referenced the aforementioned loss of
federal funding mentioned in the fiscal notes [Included in
members' packets], and asked about the reason for this loss of
federal funding.
REPRESENTATIVE WILSON explained that some grammatical changes in
one phrase were necessary, as there needed to be a connection
for child placement, but not necessarily for the child. She
declared that she had no intention to eliminate federal funding.
She shared that she was working with the Department of Health
and Social Services to accomplish her goals without losing
federal funding. She noted that the phrase indicated for change
was "contrary to the welfare."
3:41:54 PM
CHRISTY LAWTON, Director, Central Office, Office of Children's
Services (OCS), Department of Health and Social Services,
relayed that the statement was "contrary to the welfare for the
child to stay in their own home," and that a judge had to make
that finding at the very first order which indicated that OCS
had the authority to have custody as there were reasons for OCS
to have custody. It had to be associated to removal of the
child from the home. She noted that if that first finding was
lost, any eligible further funding throughout the life of the
case would be lost. She relayed that OCS had spoken with
Representative Wilson for ways to change the language in the
proposed bill, as it was necessary to indicate that the court
had ruled it was unsafe for the child to be in their own home.
She added that revenue could be lost if the language from ICWA
was imported into the proposed bill, as the standards for
removal of a child and to keep them in a foster home would
necessitate a judge acknowledging that OCS had made active
efforts to prevent removal, and active efforts to promote
reunification. She stated that this was a very difficult
standard to meet, and, if the standard could not be met, and
with the elimination of the reasonable efforts option, the state
would have to support the cost of care from the general fund
when the threshold for active efforts had not been met.
3:43:35 PM
REPRESENTATIVE KITO referenced the standards necessary for the
termination of parental rights, and asked if there was the
ability within OCS to perform an investigation to meet these
standards identified in the proposed legislation.
MS. LAWTON opined that the language in the proposed bill would
not change what they do when it was necessary to terminate
parental rights.
3:44:08 PM
REPRESENTATIVE SULLIVAN-LEONARD declared that the proposed bill
was "an incredible piece of legislation." She expressed that
every child should be treated the same, and that it was
concerning that the system did not treat everyone the same. She
asked what the catalyst was to make these changes.
REPRESENTATIVE WILSON replied that two standards made it more
difficult for the entire system, including the staff, the
attorneys, and the courts. She declared that, as the standards
outside ICWA were much lower for removing children, most judges
had to rule in favor of removal. She said that a change to the
necessity of proof over hearsay would still allow OCS for
voluntary counseling without taking legal custody.
3:46:34 PM
REPRESENTATIVE KITO commented that, throughout the proposed
bill, there had been a change from mental injury, defined on
page 21 as including more than emotional trauma, to emotional
damage. He asked if this change would continue to cover as much
as was previously covered by mental injury.
REPRESENTATIVE WILSON opined that, although it would not cover
everything previously covered, the goal was to mirror for
consistency. She explained that throughout the proposed bill,
the child had to be in harm's way, in order to be removed.
3:47:49 PM
CHAIR SPOHNHOLZ asked if there were any operational changes with
this change in language.
MS. LAWTON explained that emotional damage was not defined under
ICWA, although it was specifically and narrowly defined in
current statute. She noted that it was necessary for an
observable impairment, and that a qualified expert, usually a
mental health expert, needed to testify to that impairment. She
pointed out that OCS did not often file for custody under this
subsection as the threshold was quite high. She shared that,
instead, if it was believed there was emotional harm related to
domestic violence, OCS would file under neglect. She opined
that the proposed bill would potentially broaden the ability by
the department, as it would not be as narrow as it was
currently.
3:49:00 PM
REPRESENTATIVE TARR offered her belief that, although part of
the bill was to align with ICWA standards, she had questions
regarding other changes. She directed attention to page 20,
line 22, and asked about the difficulty for meeting this
standard. Citing her personal experiences, she declared that
this would be difficult to substantiate, and asked if children
could be left in harmful situations if this standard could not
be met.
REPRESENTATIVE WILSON replied that this mirrored what was
currently required by ICWA, and she offered her belief that it
had not been a problem.
3:50:58 PM
MS. LAWTON, in response to Representative Tarr, opined that,
currently under ICWA, OCS only needed the witness if the parent
did not agree and was contesting the judicial determination.
She said that a witness who was not a case worker could be the
supervisor or the regional ICWA specialist. She reported that
currently it was very difficult to find expert witnesses for
ICWA cases, specifically, cultural experts. She stated that a
bigger challenge was the limitations placed on the court to
potentially order the child into state custody. She added that
it could be time consuming and costly to find expert witnesses
and bring them to the court. She opined that it could leave a
gap, though she was not able to quantify how often this would
occur.
3:52:29 PM
REPRESENTATIVE TARR acknowledged that "these situations can be
so sticky" and that it was the desire to give the parents every
opportunity. She relayed that some of the individuals, however,
were master manipulators. She expressed her concern that having
a high standard for imminent danger allowed for manipulation to
create difficulty in meeting that standard, while in the
meantime, the children would remain in an unsafe situation.
REPRESENTATIVE WILSON countered that the damage for removing a
child could be huge, and that nobody wanted a child to be
injured. She relayed that numerous studies showed that moving a
child could do more damage. She asked, "where is that
threshold?" She pointed to the proposed bill, and asked to what
level were they willing to go to make sure that children were
removed when in harm's way. She suggested that it was better to
add the voluntary actions before removing children.
3:55:22 PM
REPRESENTATIVE KITO asked if there were any other impacts as far
as transition of cases between the Indian Child Welfare system
and the state system when making those programs similar.
MS. LAWTON replied that the proposed bill would not have any
impact on the OCS ability for transfer of jurisdiction from
state court to tribal court.
CHAIR SPOHNHOLZ spoke about the "natural sticky tension that
exists in our child welfare system," and the daily challenges
faced by OCS for finding the "sweet spot that protects as many
children as possible while maintaining as many families as
possible." She noted that it was recognized that removal of a
child from their family was an adverse childhood experience, but
that leaving them where they were while continuing to experience
harm was also an adverse childhood experience. She offered her
belief that it was necessary, as feelings could be very intense
and run very high, to take the time to step back, let the
intensity dissipate, and approach the issue with calm, cool,
collected wisdom. She acknowledged that the sponsor had good
intention and wanted to do the best for the children of Alaska.
She commended the work done by the staff at OCS, sharing that
this work did not receive the respect that it deserved, and
comparing it to the work performed by firefighters and police
officers for everyday intensity.
CHAIR SPOHNHOLZ announced that HB 10 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB10 Ver D 1.30.17.PDF |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Sponsor Statement 1.30.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB10 Supporting Document - ICWA glossary and flowchart - NICWA 1.30.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB10 Supporting Document -CINA Flowchart - OCS Manual 1.30.17.PDF |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Sectional Analysis.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB025 Summary of Changes ver J 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Proposed Blank CS ver J 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-HB025 Support Emails 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Alaska Pharmacists Association 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter ANDVSA 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter APRN Alliance 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Tanana Chiefs Conference 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| SSHB 54 Supporting Document--Aderhold Letter of Support 4.5.2017.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Opposing Document--Dore Secondary Memo in opposition 4.5.2017.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Opposing Document--Anderson letter of opposition 4.5.2017.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Opposing Document--Dore First Memo in opposition 4.5.2017.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SCR 2 Version A.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Sponsor Statement A.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Support Materials Alaska Dispatch News 11.20.2016.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| Supplemental Crime in Alaska Report.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Support Materials Key Results from the 2015 Alaska Victimization Survey.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Support Materials CDVSA Annual Report 2015.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Support Materials ANDVSA 2016 Annual Report.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR2-LEG-SESS-02-27-17 FN.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Support Materials CDC National Intimate Partner and Sexual Violence Survey.pdf |
HHSS 4/6/2017 3:00:00 PM SHSS 2/27/2017 1:30:00 PM |
SCR 2 |
| SCR 2 Fiscal Note LAA 3.9.17.pdf |
HHSS 4/6/2017 3:00:00 PM HSTA 3/21/2017 5:30:00 PM |
SCR 2 |
| HB025 Sectional Analysis ver A 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Opposing Document-Letter NFIB 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Sponsor Statement 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-ADN Commentary 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Cost Savings Study 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Guttmacher Alaska Statistics 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Guttmacher Public Costs from Unintended Pregnancies 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-HB025 Support Emails 2.27.17.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Kachemak Bay Family Planning Clinic 2.23.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Unintended Pregnancies Study 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 ver A 2.16.17.PDF |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Planned Parenthood Votes Northwest & Hawaii 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Fiscal Note DHSS-Medicaid Services 2.28.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Fiscal Note DHSS-DHCS 2.28.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Fiscal Note DCCED-DIO 2.28.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Opposing Document-America's Health Insurance Plans 2.27.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Dr. Tina Tomsen 2.27.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Support Emails 2.27.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-HB025 Support Emails 3.7.17.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Anne Green 3.3.17.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letter Alaska Nurses Association 3.6.17.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 25 |
| HB025 Supporting Document-Letters of Support 3.8.2017.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 25 |
| HB025 Opposing Document-Letters of Opposition 3.8.2017.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
| SSHB 54 Opposing Document--Letters 3.27.17.pdf |
HHSS 3/28/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Sectional Analysis ver O 3.27.17.pdf |
HHSS 3/28/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Sponsor Statement 3.27.17.pdf |
HHSS 3/28/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Supporting Document--Archbishop Tutu Opinion 3.27.17.pdf |
HHSS 3/28/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54 Supporting Document--Letters 3.27.17.pdf |
HHSS 3/28/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB 54.PDF |
HHSS 3/28/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| HB 10 Fiscal Note--DHSS-CSM 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--DHSS-FCAR 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--DHSS-CST 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--DHSS-FCBR 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--DHSS-FCSN 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--DHSS-FLSW 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--DHSS-FP 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| HB 10 Fiscal Note--JUD-ACS 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 10 |
| SSHB 54 Fiscal Note--DOL-CJL 4.5.2017.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB54 Supporing Document - Additional Letters.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB54 Supporting Document - Saturday Evening Post.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB54 Supporting Document - Skelton Op Ed.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |
| SSHB54 Supporting Document Research 2007.pdf |
HHSS 4/6/2017 3:00:00 PM |
HB 54 |