Legislature(2025 - 2026)ADAMS 519
03/12/2025 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB53 || HB55 | |
| HB10 | |
| HB31 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 53 | TELECONFERENCED | |
| += | HB 55 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 10 | TELECONFERENCED | |
| += | HB 31 | TELECONFERENCED | |
| += | HB 36 | TELECONFERENCED | |
HOUSE BILL NO. 36
"An Act relating to the placement of foster children
in psychiatric hospitals; relating to the care of
children in state custody placed in residential
facilities outside the state; and amending Rule
12.1(b), Alaska Child in Need of Aid Rules of
Procedure."
3:53:41 PM
REPRESENTATIVE ANDREW GRAY, SPONSOR, provided an
explanation of the bill. He read from prepared remarks:
Due process is a basic constitutional right of every
person in Alaska. Due process is a legal process that
protects people from arbitrary government actions and
guarantees fair treatment. It's a fundamental
principle of both the United States and Alaska
Constitutions. Due process requires the government
follow certain procedures before taking away a
person's rights. HB 36 guarantees due process for the
most vulnerable people in Alaska, our foster children.
What the bill does is require that children who are in
the custody of the office of children's services,
otherwise known as foster children, receive a hearing
in front of a judge in a timely manner to determine
that they meet criteria to be held in an acute
psychiatric hospital.
The Alaska Supreme Court case of The Native Village of
Kwinhagak v. State of Alaska Office of Children's
Services, published on February 9, 2024, states the
following:
"There is no doubt that children in OCS custody
are at substantial risk of being hospitalized for
longer than they need, or when they do not need
to be hospitalized at all." "Clarifying the legal
protections for a vulnerable population of
children in state custody is of utmost
importance."
The 14-year-old child at the center of that case was
hospitalized for 46 days before the court held a
hearing to determine if her hospitalization was
justified. The Alaska Supreme Court determined that
the 46-day wait was far too long to satisfy her right
to due process. According to a previous superior court
injunction, she should have had a hearing within 30
days, but the Supreme Court further ruled that 30 days
was too long.
This finding is consistent with what happens in other
states:
One former employee of an acute psychiatric hospital
in Anchorage stated, "I come from the lower 48. Most
hospitals, a stay would be a 72-hour hold. Maybe
they'd be there for a week or 10 days. Thirty days
just blew my mind."
Another Nurse from that same facility stated: "you're
not go to see any other acute crisis stabilization
unit that does a 30 day stay."
When a young person is hospitalized in a psychiatric
institution, that child has limitations placed on
their rights and freedoms. In the case of foster
children, the chance that their rights can be
unnecessarily restricted are much higher than with the
general population. It is incumbent upon the
legislature to take up the cause spelled out in
Kwinhagak to determine the minimum amount of time
between an admission and a court hearing.
Many foster youths have suffered trauma and neglect
and experience mental health challenges as a result.
All foster youth have experienced the trauma of being
removed from their biological family and this is in
and of itself often the very greatest trauma of all.
3:57:03 PM
Representative Gray continued to provide prepared remarks
on the bill:
We do not have enough foster placements in Alaska
lack of foster placements can create pressure to keep
a child in a facility longer than absolutely necessary
that is not the fault of the facility.
But it's also not the fault of the child. We know that
kids have suffered from admissions that were too long
and sometimes unnecessary that's what HB 36 is
seeking to fix.
In November I toured the OCS offices in Anchorage and
it was an offhand remark of a nurse that provided the
timeline in this bill. She said that it can take up to
seven days to properly assess a foster child admitted
to a psychiatric facility. This bill requires a
hearing within 7 days. I believe this satisfies what
the Supreme Court is asking in the Kwinhagak decision
& provides foster kids with the due process that all
Alaskans are entitled to.
Representative Gray asked his staff to review the sectional
analysis.
3:58:10 PM
KYLE JOHANSEN, STAFF, REPRESENTATIVE ANDREW GRAY, reviewed
the sectional analysis (copy on file)
4:02:27 PM
Co-Chair Foster noted that there had been two people for
invited testimony who were no longer available.
Representative Tomaszewski looked at section 2 related to
acute psychiatric hospitals. He asked how many there were
in Alaska.
Representative Gray replied that the bill was about any
hospital.
Representative Tomaszewski asked if there was a number of
children placed inside the state.
Mr. Johansen replied that he believed the information was
reported. In the past several years it was about 100
children, and that it was around 90 children currently.
Representative Gray added that any child in a facility in
Alaska had OCS as their guardian.
4:04:59 PM
Representative Hannan asked about the court rule amendment
and the appointment of a Child in Need of Aid (CINA)
guardian.
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, replied
that under the court rule, children in CINA was actually
done almost always in the circumstances already merited it.
4:06:33 PM
Representative Hannan recollected details from the prior
year Department of Administration subcommittee.
Co-Chair Josephson assumed that if Alaska children were in
Utah that Utah law would apply.
Mr. Johansen did not believe so.
Ms. Meade answered that if they were in state custody the
Alaska law would apply.
4:08:58 PM
Co-Chair Josephson meant if Alaska sent children to Utah.
He stated his understanding that Utah law overrode Alaska
law.
Ms. Meade answered it was correct if it was a CINA.
4:09:32 PM
Representative Galvin was surprised to see there was any
cost in the fiscal note after hearing that too many
children had been in long term intensive care
hospitalization for too many days.
Representative Gray deferred the concern to Ms. Meade.
Co-Chair Foster noted there were also two individuals who
would speak to the fiscal notes.
Ms. Meade could not comment on the other agency's fiscal
impact.
Representative Galvin would wait on her other question. She
wondered whether too many children were in the intensive
hospitals for too long how it would have a fiscal impact.
Representative Gray replied that Medicaid was paying $908
per night per child.
4:13:22 PM
KIM SWISHER, DEPUTY DIRECTOR, OFFICE OF CHILDREN'S
SERVICES, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES (via
teleconference), agreed.
Representative Allard asked if it could be achieved within
the timeframe.
Ms. Meade replied that the timeframe was seven to ten days.
4:19:18 PM
Representative Johnson would take her question offline.
Representative Gray appreciated the question. He would talk
with some interested parties about the issue.
Ms. Meade added that the attorneys were appointed at OPA.
4:20:39 PM
Representative Bynum stated his understanding there was not
currently statutory guidance.
Representative Gray relayed that he had been working on the
bill a long time, and wanted to determine the correct
timeframe.
Representative Bynum noted that the bill was using a
definition from one of the cases related to an acute
psychiatric hospital. He asked if the definition
constrained the bill, and wondered whether there could be a
facility not defined as a hospital.
Representative Gray replied that there were currently
statutes related to residential psychiatric facilities.
Representative Bynum asked about the scope of the issue.
4:25:34 PM
Representative Gray deferred the question to Ms. Swisher.
Ms. Swisher answered it was how the department currently
processed the paperwork.
Representative Tomaszewski asked about the parties included
in the notice.
Ms. Meade answered that it could vary.
Co-Chair Foster noted that there was another hearing. He
asked for a review of the fiscal notes.
Ms. Meade reviewed the fiscal note.
4:29:23 PM
Ms. Swisher reviewed the fiscal note.
Representative Gray thanked the committee.
HB 36 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the schedule for the following
meeting.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 53 CS v.I HCS1 Agency Summary.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |
| HB 53 CS v.I HCS1 Agency Summary - UGF 031225.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |
| HB 53 CS Workdraft v.I 031125.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |
| HB 53 v. I HCS1 Sup Transaction Detail.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |
| HB 53 v. I HCS1 Transaction Compare GovAmd+ to HCS1.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |
| HB 53 v.I HCS1 MH Capital Project Detail.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |
| HB 55 CS WorkDraft 1 v.I 031125.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 55 |
| HB 55 HCS0MH to HCS1MH (Version N to Version I) Doc Compare - Redline.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 55 |
| HB 53 HCS0 to HCS1 (Verison N to I) Doc Compare - Redline.pdf |
HFIN 3/12/2025 1:30:00 PM |
HB 53 |