Legislature(2025 - 2026)BUTROVICH 205
05/15/2025 05:15 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 36 | TELECONFERENCED | |
HB 36-FOSTER CHILDREN PSYCHIATRIC TREATMENT
6:03:21 PM
CHAIR CLAMAN 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."
CHAIR CLAMAN said this is the second hearing of HB 36 in the
Senate Judiciary Committee. [The committee adopted Senate
committee substitute (SCS), version W, in the previous hearing.]
The intention is to consider a new SCS, version Q.
6:03:37 PM
CHAIR CLAMAN solicited a motion.
6:03:41 PM
SENATOR KIEHL moved to adopt the Senate committee substitute
(SCS) for HB 36, work order 34-LS0358\Q, as the working
document.
6:03:58 PM
CHAIR CLAMAN objected for purposes of discussion. He invited his
staff to present the summary of changes.
6:04:17 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the explanation of
changes for HB 36 from version W to version Q.
[Original punctuation provided.]
Explanation of Changes
Version W to Version Q
• Adds in Senate Bill 90 (34-LS0275\A).
• Changes "the least restrictive environment" to "a
less restrictive setting" in Section 47.10.105.
6:04:48 PM
MS. KAKARUK said the following change is found on page 10:
• Clarifies that the department is not required to
provide notice to the court if a child in a hospital
for short-term psychiatric care is released from the
hospital within 23 hours after arrival, but still
must provide notice to the parties.
• Deletes "the child" in (2) of Sec. 8 as "the child"
is a party under CINA Rule 3.
• Requires the parties involved in the initial
placement under (a) of Sec. 8 to submit a written
stipulation with a treatment plan and timeline to
the court. The court must find that the treatment
plan and timeline is reasonable and will release a
child to a less restrictive setting.
MS. KAKARUK said the following change starts on page 14,
[paragraph] (22):
• Requires that a treatment foster home provide
treatment including medical care, trauma informed
care, and interventions for post-traumatic stress
disorder, abuse related to trauma, depression,
anxiety, suicidal ideation, and substance abuse.
6:05:56 PM
MS. KAKARUK said the following change is found on page 15,
[paragraph] (23):
• Places a cap of up to four children to be at a
treatment foster home.
MS. KAKARUK said the following change is found on page 15,
[paragraph] (23):
• Requires children in a treatment foster home as
determined by a health care provider.
MS. KAKARUK said the following change is found on page 14,
subsection (c):
• Requires care providers at a treatment foster home
to take ongoing training approved by the department.
MS. KAKARUK said the following change is found on page 16:
• Adds new section of uncodified law of the State of
Alaska to address Medicaid State Plan; Waivers.
6:07:00 PM
SENATOR KIEHL sought clarification regarding the third bullet
point from the bottom.
6:07:12 PM
CHAIR CLAMAN clarified that treatment foster home placement
requires that a licensed person determine the child has a
special behavioral, developmental, emotional, or medical need.
That is explained on page 15, lines 4, 5, and 6 of SCS,
version Q.
6:08:00 PM
CHAIR CLAMAN gave the bill sponsor the opportunity to add to the
discussion.
6:08:11 PM
REPRESENTATIVE ANDREW GRAY, District 20, Alaska State
Legislature, Juneau, Alaska, said he is grateful to Senator
Tobin for amendments that inserted guardrail language. He
indicated that he liked HB 36 and, so long as there are no
concerns regarding the single-subject rule, he is happy. He
expressed appreciation for the work completed on HB 36.
6:08:42 PM
CHAIR CLAMAN noted that all provisions in the legislation relate
to the care of children and how the state manages that care. He
said he believes that satisfies the single-subject rule.
6:09:01 PM
CHAIR CLAMAN solicited the will of the committee.
6:09:04 PM
SENATOR KIEHL remarked that the subject may be even narrower.
SENATOR KIEHL moved to report SCS HB 36, work order 34-LS0358\Q,
from committee with individual recommendations and any attached
or forthcoming fiscal note(s).
6:09:37 PM
CHAIR CLAMAN found no objection and SCS HB 36(JUD) was reported
from the Senate Judiciary Standing Committee.