03/29/2007 01:30 PM House FINANCE

HOUSE BILL NO. 29                                                                                                             
                                                                                                                                
     "An Act relating to infants who are safely surrendered                                                                     
     by a parent shortly after birth."                                                                                          
                                                                                                                                
CHRISTINE MARASIGAN,  STAFF, REPRESENTATIVE LEDOUX,  spoke in                                                                   
support of the legislation and  noted that it has the ability                                                                   
to save lives of  children up to 21 days old.   Parents would                                                                   
not be prosecuted  for giving up  a child up to 21  days old.                                                                   
There is similar legislation in 47 other states.                                                                                
                                                                                                                                
Representative  Thomas clarified  that Village Public  Safety                                                                   
Officers would be considered as peace officers.                                                                                 
                                                                                                                                
3:09:00 PM                                                                                                                    
                                                                                                                                
In  response to  a  question  by Representative  Hawker,  Ms.                                                                   
Marasigan explained  that the  legislation was expanded  from                                                                   
last  year's  version  in order  to  increase  the  potential                                                                   
receivers of  a child to  include community health  aides and                                                                   
peace  officers.  Clergy  were  also  included  by  the  last                                                                   
committee.                                                                                                                      
                                                                                                                                
Representative Crawford  asked why 21 days were  chosen.  Ms.                                                                   
Marasigan explained  that the 21 day period  was a compromise                                                                   
amongst  agencies consulted  on the legislation.   She  noted                                                                   
that there was  a greater potential for child  abuse beyond a                                                                   
month.                                                                                                                          
                                                                                                                                
3:12:09 PM                                                                                                                    
                                                                                                                                
Representative  Gara   observed  that  previous   legislation                                                                   
passed by the House  also used 21 days.  Ms.  Marasigan added                                                                   
that the definition of neo-natal is "under 28 days of age".                                                                     
                                                                                                                                
Vice  Chair Stoltze  asked  about  the termination  of  child                                                                   
support  obligations.     Ms.  Marasigan  replied   that  the                                                                   
Department  of Law  could  address that  issue.   Vice  Chair                                                                   
Stoltze asked about  federal tribal rights as  they relate to                                                                   
abandonment.    Ms. Marasigan  pointed  out that  the  Indian                                                                   
Child Welfare Act emphasizes the safety of the child first.                                                                     
                                                                                                                                
3:15:55 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  wondered what  rights the  father has  if the                                                                   
mother brings  in the child.   Ms. Marasigan deferred  to the                                                                   
Department of Law to answer.                                                                                                    
                                                                                                                                
Representative Gara  spoke to criminal vs.  civil liabilities                                                                   
according  to current  law regarding  loss of  custody.   Ms.                                                                   
Marasigan thought that this would  fall under the abandonment                                                                   
statute.  Representative Gara  summarized the requirements of                                                                   
the statute.                                                                                                                    
                                                                                                                                
3:17:24 PM                                                                                                                    
                                                                                                                                
CHIP  WAGONER,  EXECUTIVE  DIRECTOR,   ALASKA  CONFERENCE  OF                                                                   
CATHOLIC BISHOPS, spoke  in favor of HB 29.  He  spoke of the                                                                   
larger societal  issues.   He addressed  the fiscal  note and                                                                   
the necessity of publicizing the program.                                                                                       
                                                                                                                                
Co-Chair   Meyer  asked   about   the  father's   rights   in                                                                   
abandonment cases.                                                                                                              
                                                                                                                                
HANNA SEBOLD, ASSISTANT ATTORNEY,  DEPARTMENT OF LAW, replied                                                                   
that this  bill is a mechanism  that kicks the Child  in Need                                                                   
of Aid statute  into place.  Finding  a child in need  of aid                                                                   
does not terminate  a parent's right.  There is  a process of                                                                   
six months to determine termination of parents' rights.                                                                         
                                                                                                                                
3:22:33 PM                                                                                                                    
                                                                                                                                
Representative Hawker  asked about the receiver  paragraph on                                                                   
page 2,  lines 5-11.   He questioned  the wording of  lines 7                                                                   
and 8 regarding "physician" and "hospital employee".                                                                            
                                                                                                                                
MIKE LESSMAN,  OFFICE OF  CHILDREN'S SERVICES, DEPARTMENT  OF                                                                   
HEALTH  AND SOCIAL  SERVICES, thought  the interpretation  of                                                                   
when a physician  would receive an abandoned  child is loose.                                                                   
Ms. Sebold suggested  a comma after physician on  line 7, for                                                                   
clarification.  Representative Hawker concurred.                                                                                
                                                                                                                                
3:25:14 PM                                                                                                                    
                                                                                                                                
Representative  Gara asked  about temporary  foster care  and                                                                   
the  following home  visit.   Ms.  Sebold  said it  is not  a                                                                   
strict six-month period, but is  intended to provide time for                                                                   
a  home  study.   Representative  Gara  asked  if  the  child                                                                   
immediately goes to the adoptive  family if one is available.                                                                   
Ms. Sebold  clarified that the  child will be placed  for six                                                                   
months and then a home study takes place.                                                                                       
                                                                                                                                
Representative  Hawker  returned to  the  receivers list  and                                                                   
noted two  categories  added since previous  legislation.   A                                                                   
"member  of the  clergy" and  a "community  health aide"  are                                                                   
new.    The  previous  categories  are  clearly  professional                                                                   
people  with training.   He  wondered of  OCS is  comfortable                                                                   
with the new additions.                                                                                                         
                                                                                                                                
Mr. Lessman said he could not  provide any guarantees.  Where                                                                   
there are  no hospitals in  rural Alaska, a community  health                                                                   
aide would substitute.  Representative  Hawker questioned the                                                                   
validity of a clergy.                                                                                                           
                                                                                                                                
3:30:44 PM                                                                                                                    
                                                                                                                                
Ms.  Marasigan addressed  Representative  Hawker's  concerns.                                                                   
She defined clergy  as someone who is working  in a ministry.                                                                   
She related the  history of the church as a  place to receive                                                                   
abandoned children.                                                                                                             
                                                                                                                                
Co-Chair Meyer asked where clergy  is defined.  Ms. Marasigan                                                                   
thought   it   was   a   Department    of   Law   definition.                                                                   
Representative  Hawker maintained  that a  clergy may  not be                                                                   
medically  trained  to  deal  with  abandoned  babies.    Ms.                                                                   
Marasigan   related  that   other   committees  had   similar                                                                   
concerns.   She  thought that  abandonment  was an  emergency                                                                   
situation.  Representative Hawker agreed.                                                                                       
                                                                                                                                
3:35:00 PM                                                                                                                    
                                                                                                                                
Representative  Gara suggested  a general  statement such  as                                                                   
the parent  leaves the  infant in the  physical custody  of a                                                                   
person  who the  parent  "reasonably believes  would  provide                                                                   
safe care", rather  than a list of people who  the baby could                                                                   
be left with.                                                                                                                   
                                                                                                                                
Vice Chair  Stoltze agreed with the  intent of the bill.   He                                                                   
echoed Representative  Hawker's concern about  the definition                                                                   
of clergy.                                                                                                                      
                                                                                                                                
Co-Chair Meyer announced that  the bill would be held over to                                                                   
address the concerns.                                                                                                           
                                                                                                                                
HB  29   was  heard  and   HELD  in  Committee   for  further                                                                   
consideration.