Legislature(2025 - 2026)BUTROVICH 205
05/08/2025 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB70 | |
| HJR9 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 70 | TELECONFERENCED | |
| += | HJR 9 | TELECONFERENCED | |
| += | HB 36 | TELECONFERENCED | |
HB 36-FOSTER CHILDREN PSYCHIATRIC TREATMENT
4:21:37 PM
CHAIR DUNBAR announced the consideration of 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."
4:21:50 PM
CHAIR DUNBAR solicited a motion.
4:21:54 PM
SENATOR GIESSEL moved to adopt the committee substitute (CS) for
HB 36, work order 34-LS0358\T, as the working document.
4:22:08 PM
CHAIR DUNBAR objected for purposes of discussion.
4:22:20 PM
ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, provided the summary of changes for
HB 36, version N to version T and said:
This CS separates one statute into two sections.
Originally AS 47.10.087 was the statute that was
referred to throughout version N. [AS 47.10.O87], as I
came to understand through this process, refers to
adult residential psychiatric treatment centers.
This CS creates a new section, Section 105, for short
term psychiatric care for youth, for clarity.
There's a title update. It replaces the first two
lines, as terms are updated in this version.
Throughout the bill, there's cleanup that removes the
term "acute psychiatric treatment center" and replaces
it with "hospital that is not a residential treatment
center."
It adds, "and any other parties" to sections where the
child, parent, guardian of child or child's guardian
ad litem are listed. [This is] to cover parties that
may be engaged in these court cases.
Throughout the bill references are removed to two-way
video conferencing as that is standard within court
process and was unnecessary and can be determined
through regulation through court rules.
4:04:56 PM
MS. WIGGIN continued with the summary of changes for HB 36:
Section 1 is the piece that splits the statute. This
removes the word "secure" adds "other parties" and
adds a new definition of "acute psych treatment
hospital." A new paragraph explains why "secure" was
removed, and the new paragraph refers to the change in
residential psychiatric treatment center.
Section 2 is the new section pulling out "short-term
psychiatric care" from [AS 47.10.087], creating [AS
47.10.105]. This was Section 3 in version N. It mostly
follows HB 36, version N, with some updates. All the
subsection numbers are changed starting with (a). It
renumbers all of the following: [Section 2(a) allows
the department to place the child into a hospital that
is a not a residential psychiatric treatment center.]
Section 3, there's a new paragraph 6, replaces
"residential facilities" with "psychiatric residential
treatment facilities." This was just to help with how
this is referred to in other parts of statute. Those
are the changes that are made.
4:26:21 PM
CHAIR DUNBAR asked for an explanation of why a committee
substitute was brought forward.
4:26:26 PM
SENATOR CLAMAN replied that the committee substitute (CS) is
driven by concerns raised in the Kwinhagak case, which
highlighted the lack of timely judicial review when children in
state custody were placed in hospitals for psychiatric care. He
said to address this, HB 36 clearly separates long-term
psychiatric placements, which already require court review, from
short-term hospital placements, ensuring that due-process
hearings and reviews begin promptly when a child is admitted to
a hospital. He stated that the CS also makes statutory cleanups
to clarify definitions, particularly removing confusing language
around "secure" treatment facilities, and updates terminology to
align with how other states define psychiatric residential
treatment facilities. These changes improve legal clarity,
protect children's due-process rights, and ensure consistent
data collection for children placed in out-of-state psychiatric
care.
4:31:22 PM
REPRESENTATIVE ANDREW GRAY, District 20, Alaska State
Legislature, Juneau, Alaska, gave remarks on HB 36 and stated
his belief that the committee substitute meets the Supreme
Court's directive in Kwinhagak and expressed strong appreciation
for Senator Claman's work on the bill.
4:31:46 PM
SENATOR HUGHES asked if there was ever a situation where a child
needing only short-term psychiatric care is placed in a long-
term facility due to available space, and if so, would that
raise due process concerns for what is intended to be a short-
term placement, or does that not occur in practice.
4:32:35 PM
CHRISSY VOGELEY, Senior Policy Advisor, Department of Family and
Community Services, Juneau, Alaska, answered questions on HB 36
and stated that placement in a long-term secure facility always
requires a formal process, including review by the Office of
Children's Services treatment team, involvement of legal
parties, and a court hearing to approve the transition from
short-term to long-term care.
4:33:23 PM
SENATOR HUGHES restated her question and asked whether short-
term cases could be placed in a long-term facility when short-
term space is full.
4:34:24 PM
MS. VOGELEY replied that she is not aware of short-term cases
being placed in long-term facilities, noting that statutes,
regulations, and court processes prevent long-term placement
without proper approval.
4:35:05 PM
REPRESENTATIVE GRAY stated that the committee substitute
clarifies the statutes by separating long-term residential care
from short-term care, reducing confusion and preventing improper
placement.
4:35:44 PM
SENATOR TOBIN asked why HB 36 uses the term on page 3, line 24,
"less restrictive setting" instead of the more common "least
restrictive setting," and sought clarification on line 28,
regarding who qualifies as "any other party.
4:36:35 PM
SENATOR CLAMAN answered that "any other party" refers to
existing parties in an ongoing child-in-need-of-aid case, most
commonly tribes, and not members of the public. The language was
chosen to ensure all recognized parties with standing in the
case receive notice.
4:37:54 PM
CHAIR DUNBAR repeated the question regarding "least restrictive
setting."
4:37:59 PM
SENATOR CLAMAN replied that while the goal is generally the
least restrictive placement, the term "less restrictive" was
likely chosen to emphasize moving children out of hospitals as
soon as possible. He suggested reviewing the language further
and following up at the next hearing.
4:38:38 PM
REPRESENTATIVE GRAY pointed out that HB 36, line 11, already
states the department must promptly seek the least restrictive
placement and does not see a substantive difference in the
wording. He suggested using consistent language throughout and
agrees the issue should be reviewed.
4:39:14 PM
SENATOR HUGHES suggested that "less restrictive" may be used
when the least restrictive option is unavailable and raises
concern about defining "any other party" to avoid including the
public. She proposed clarifying the language to specify parties
recognized by the court.
SENATOR CLAMAN stated he will circle back with Legislative Legal
and get an answer.
4:39:47 PM
CHAIR DUNBAR suggested holding HB 36 for another hearing to
consult with drafters about clarifying the language, noting that
"party" typically implies court-recognized standing. He
emphasized that the intent is not to allow random individuals to
become parties.
4:40:23 PM
SENATOR TOBIN noted the importance of public committee
discussions for the legal record and asks for judicial
perspective on the bill's court-related provisions, particularly
given the lack of a judiciary referral.
4:41:06 PM
CHAIR DUNBAR noted that HB 36 does not have a fiscal note.
4:41:19 PM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, Juneau, Alaska, answered
questions on HB 36. She responded that the legislature can
change court rules with a two-thirds vote and noted that the
bill's court-related change has minimal impact because courts
already routinely appoint attorneys for children placed in
psychiatric hospitals.
4:42:57 PM
CHAIR DUNBAR noted that this is the first time all three
branches of the government are testifying simultaneously.
4:43:15 PM
SENATOR HUGHES asked for an explanation to be put on record
regarding why there isn't a fiscal note.
4:43:36 PM
MS. VOGELEY replied that the bill's fiscal impact is small and
believes the Office of the Administrative Director can absorb
the costs.
4:44:09 PM
SENATOR HUGHES asked who removes the funding from the fiscal
note and what the process is.
CHAIR DUNBAR replied he was not sure. He asked Ms. Vogeley
whether her office submitted a new fiscal note.
MS. VOGELEY replied yes.
4:44:33 PM
SENATOR TOBIN asked about the potential impact on the court
system given the estimate that the court change in HB 36 could
trigger approximately 110 additional hearings.
4:44:50 PM
MS. MEADE replied that the committee substitute broadens the
definition of hospital admissions requiring review, likely
resulting in more than the previously estimated 110 additional
hearings. However, the court does not assign a fiscal note for
this extra work, as it doesn't require new hires, so the bill
itself has no immediate fiscal impact.
4:46:00 PM
CHAIR DUNBAR removed his objection; found no further objection
and SCS HB 36 was adopted as the working document.
4:46:15 PM
CHAIR DUNBAR held HB 36 in committee.