Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/13/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| HB308 | |
| SB212 | |
| SB187 | |
| HB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 187 | TELECONFERENCED | |
| + | HB 308 | TELECONFERENCED | |
| *+ | SB 212 | TELECONFERENCED | |
| + | HB 27 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 8 | TELECONFERENCED | |
HB 27-DHSS DUTIES; CINA; FOSTER CARE; ADOPTION
1:51:14 PM
CHAIR MCGUIRE announced the consideration of HB 27. [SCS CSSSHB
27(HSS) is before the committee.]
1:51:20 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 27, said the goal of the legislation is to
get youths out of foster care and into loving, permanent homes.
Alaska has more youth per capita waiting for an adoptive home
than all other states but Oklahoma. Alaska has 700 youth waiting
for adoption while Wyoming, that has a similar population, has
81 children in foster care. Many children linger in the foster
care system or are bounced between foster homes. He mentioned a
university student who transitioned through 47 foster homes and
stressed that you shouldn't need to be a hero to survive the
foster care system.
He talked about the stresses within the Office of Children's
Services (OCS) and related that the bill aims to provide a
double safety check to ensure that the most important things
regarding foster care are done right. During the regular status
hearings, the court will ask the caseworker what he/she has done
to get the child into a permanent home, such as a family search.
If the caseworker hasn't done anything, the court will direct
them to come back in 20 days to show the family search has been
done. He described two brothers who were 16 and in foster care
their whole lives before a caseworker found out they had a
grandparent, an aunt, and an uncle. The bill requires OCS at
every placement change to make sure that the family search is
updated.
He described the Casey Family Foundation that worked to allow
youth to stay in foster care as long as they need to, up to age
21. He stressed that a youth that isn't ready to go out on their
own shouldn't be dumped out of the system. About 25 percent of
foster youth end up in jail at some point and roughly 40 percent
end up couch surfing or homeless. Another part of HB 27 is that
caseworkers must now show, at the regular status hearing, that
it is in the youth's best interest to exit the foster care
system.
REPRESENTATIVE GARA said the bill also recognizes the importance
of school stability for a foster child. It provides that the
department will attempt to keep the child in the same school, if
feasible, because on average, every school bounce moves the
child four months behind in their education.
1:58:24 PM
CHAIR MCGUIRE commented that if there isn't stability in the
family, it's needed in the school.
REPRESENTATIVE LES GARA said another important provision allows
OCS to let a child live in a dorm while they're in foster care
if they still need to be in foster care. Right now that's
illegal. The bill also says that OCS should help the child with
education or vocational training. It removes the term "basic
education" which he described as somewhat reminiscent of Charles
Dickens.
The bill also asks the department when its members are in front
of a large group to let the crowd know they have a shortage of
foster families and adoptive families. The department has
frequent access to large crowds on a regular basis which makes
it a good venue for getting the message out, and it doesn't cost
money.
REPRESENTATIVE GARA concluded with a quote from the Alaska
Children's Trust that said, "This bill will help reduce the
impact of trauma by taking steps to get youth out of foster care
into loving homes. It reduces new incidences of adverse
childhood experiences and builds resilience among Alaska's
children."
CHAIR MCGUIRE expressed appreciation for the bill and the
sponsor's work in the area of foster care. She spoke of her
frustration about the pro-life mandate in the building when
there isn't sufficient work once the child is born. If every
life matters we need to find ways that the child has a great
chance at life, she said. This bill is a terrific step in that
direction.
2:05:53 PM
SENATOR COSTELLO referenced a chart in the bill packets and
asked if he knows what Maryland has done since 2005 to reduce
the number of kids in the foster care system from 2,000 to 500.
REPRESENTATIVE LES GARA said he didn't know but he'd make it a
summer project to find out.
CHAIR MCGUIRE requested he consider using interns and law
students to work toward changing the system.
2:07:23 PM
SENATOR COGHILL expressed appreciation for the legislation and
noted it aligns with the Indian Child Welfare Act (ICWA).
Directing attention to the new language in Section 5 relating to
transfers of a child from one out-of-home placement to another,
he asked if it's in keeping with existing requirements or a new
requirement that an adult family member or family friend must
meet the foster care licensing requirements established by the
department.
REPRESENTATIVE GARA replied the licensing requirements are the
same. This section is to make sure that a search for a family
member or family friend is done with each transfer in placement.
SENATOR COGHILL said he wanted to make sure this didn't create a
new hurdle for families and make it more difficult to take in
family members.
REPRESENTATIVE GARA said the licensing requirements are the same
including the lower level licensing requirements for a relative
placement, but in all cases there is a criminal background check
and a finding that it's in the best interest of the child.
SENATOR COGHILL questioned the change in Section 9 that
increases the upper limit of state oversight of a child in state
custody from 18 years of age to 21 years of age. He noted that
in most cases, a person who is 18 is considered an adult.
REPRESENTATIVE GARA said the bill doesn't change the age of
consent and a child is already able to stay in foster care up to
21 years of age. Existing law requires the department to
continue to search for a suitable adoptive or permanent
placement of a child up to 18 years of age and the bill would
require the department to continue that search up to 21 years of
age. After age 18, the child is called a person. He said he
knows of older children who still want to be adopted.
SENATOR COGHILL expressed satisfaction with the bill and opined
that this codifies what the department is already doing.
REPRESENTATIVE GARA clarified that the department believes in
these things and wants their caseworkers to be doing these
things. But because it's not always happening, the bill has the
court double check and ask at every status hearing whether or
not the caseworker has tried to find a permanent home or if it's
in the best interest of the child to drop him/her out of foster
care against their will.
CHAIR MCGUIRE commented on the potential to have a broader
spectrum of foster parents for older youths, and expressed hope
that the sponsor's efforts lead to new grants.
2:16:24 PM
TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children
Services, Department of Health and Social Services (DHSS),
stated that HB 27 offers a double check by the court to ensure
that the work that caseworkers should be doing is being done.
Other provisions include the addition to the permanency report
requiring the department to report to the court that reasonable
efforts have been made to find a permanent home and when older
youth are exiting care there will need to be a report that
outlines it is in the best interest of the youth to exit care.
She highlighted that the bill aligns federal mandates with
current statutory requirements, which will allow the department
to streamline their mandates.
She emphasized the effort OCS puts into looking for relatives
with every placement transfer. She related that they often talk
about first placement/best placement being with a relative, and
the bill reinforces that. When a placement transfer is necessary
they also strive for educational stability. Because much of what
is presented in the bill is already being done, the division has
presented a zero fiscal note.
2:19:00 PM
AMANDA METIVIER, Executive Director, Facing Foster Care in
Alaska, testified in support of HB 27. She said foster youth
throughout the state have been asking for this legislation for
some time and her organization requested certain provisions. In
particular is the continued search for permanent, loving
families. She shared that she has a foster youth in her home who
has been in the foster care system for about 12 years and has
moved through 47 different foster care placements. HB 27 aims to
help situations like this by continuing to search for a
permanent family or relatives.
SENATOR COSTELLO expressed appreciation for the work Ms.
Metivier and her daughter have done to help move the bill along.
2:21:40 PM
CHAIR MCGUIRE closed public testimony on HB 27.
SENATOR COGHILL clarified the working document is version S that
was reported from the Senate Health and Social Services Standing
Committee on
CHAIR MCGUIRE asked the sponsor if he had any other changes to
highlight.
REPRESENTATIVE LES GARA explained that the amendment that passed
the House floor was refined in the Senate committee substitute,
version S, to ensure that decisions regarding school placement
don't add costs unnecessarily. These decisions will be addressed
during team decision meetings, where all stakeholders meet to
discuss foster placement changes. He noted that OCS would like
to extend the team decision making model statewide but it is
currently limited to the larger urban areas. This is addressed
on page 7, lines 13-16.
2:25:48 PM
SENATOR COGHILL moved to report the Senate CS for HB 27 from
committee with individual recommendations and attached fiscal
note(s).
CHAIR MCGUIRE announced that without objection, SCS CSSSHB
27(HSS) is reported from the Senate Judiciary Standing
Committee.