03/06/1998 01:50 PM House FIN

HOUSE BILL NO. 16                                                              
                                                                               
"An Act relating to delinquent minors, to the taking                           
of action based on the alleged criminal misconduct of                          
certain minors, to the services to be provided to the                          
victims of criminal misconduct of minors, and to                               
agency records involving minors alleged to be                                  
delinquent based on their criminal misconduct; and                             
amending Rule 19 and repealing Rules 6, 7, 11(a),                              
12(a), and 21(f), Alaska Delinquency Rules."                                   
                                                                               
Co-Chair Therriault questioned the fiscal impact of the                        
legislation.                                                                   
                                                                               
THERESA TANOURY, ADMINISTRATOR, CHILD PROTECTION SERVICES,                     
DIVISION OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH                    
AND SOCIAL SERVICES, commented that there are two ways for                     
a child to be placed in a locked facility.  The first is if                    
the child commits a delinquent act; the other is through                       
the mental health commitment door if that child presents a                     
danger to himself or others.                                                   
                                                                               
She spoke to the situation of a child falling under the                        
"Children needing aid Statutes".  The Department has                           
increasingly witnessed that group of kid's need the locked                     
and more secured care.  The Department supports Amendment                      
out that many physicians across the State have recommended                     
more locked and secure settings for these youth. Often                         
times, youth need to be moved out of State for this level                      
of care.                                                                       
                                                                               
Ms. Tanoury noted that Medicaid has changed the way the                        
Department provides secure settings for these children.  At                    
present time, the average stay is 3 to 5 days.  Amendment                      
Division by broadening the definition so that residential                      
care providers could be better utilized.                                       
                                                                               
KATHY CRONEN, (TESTIFIED VIA TELECONFERENCE), CEO, CHARTER                     
NORTH STAR BEHAVIORAL HEALTH SYSTEM, ANCHORAGE, commented                      
that the amendments proposed to HB 16 are critical in                          
providing comprehensive treatment for this classification                      
of youth in Alaska.  Expanding the continuum of care by                        
adding semi-secure and secure residential treatment centers                    
will provide in-State treatment for youth.                                     
                                                                               
There is a large group of in-need youth that do not or                         
cannot travel outside the State.  These children's needs                       
are attempted to be met by having multiple admissions to                       
acute care inpatient psychiatric facilities.  She stressed                     
that this is not optimal clinical treatment and that in the                    
long run, it is more expensive.                                                
                                                                               
Ms. Cronen advised that these children do not belong in                        
acute care hospitals.  Their symptoms or behavior cannot be                    
adequately addressed in a 2-week period.  They need long                       
term treatment.                                                                
                                                                               
A small group of children cannot safely be maintained in a                     
semi-secure setting.  The children may be sexual                               
perpetrators, chronic runners, sniffers or haffers who have                    
failed at or left the semi-secure program.  She stressed                       
that they need a locked facility.  The secure residential                      
psychiatric treatment center proposed in the amendment                         
would be such a facility.  Ms. Cronen emphasized that both                     
the semi-secure and the secure facilities are vitally                          
important pieces of the treatment continuum.                                   
                                                                               
BARBARA BRINK, (TESTIFIED VIA TELECONFERENCE), PROSECUTING                     
ATTORNEY, DEPARTMENT OF LAW, FAIRBANKS, asked for more time                    
to adequately digest the language proposed in Amendment #1.                    
Co-Chair Hanley requested that Ms. Brink also address if                       
the Department would be fiscally affected by adopting the                      
proposed amendments.                                                           
                                                                               
Representative J. Davies distributed Amendments #2 & #3.                       
[Copies on file].  He stated that the amendments would                         
provide options regarding fiscal obligations.  Amendment #2                    
would remove all dual sentencing, thus reducing the fiscal                     
impact.  Amendment #3 would remove 13, 14 and 15 years olds                    
from the effective dual sentencing, making the language                        
more permissive.  He believed that language in Amendment #3                    
would reduce the original bill's fiscal note by about $57                      
thousand dollars.                                                              
                                                                               
Representative Kelly distributed Amendment #4.  [Copy on                       
file].  He noted that the amendment would repeal a drafting                    
oversight.                                                                     
                                                                               
HB 16 was HELD in Committee for further consideration.