Legislature(2007 - 2008)BUTROVICH 205
04/05/2008 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB268 | |
| HB163 | |
| HB359 | |
| HB305 | |
| HB50 | |
| HB400 | |
| HJR37 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 305 | TELECONFERENCED | |
| + | HB 50 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
| + | HJR 37 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 163 | ||
| = | HB 268 | ||
| = | HB 359 | ||
CSHB 50(JUD) -CHILD PLACEMENT COMPACT
CHAIR FRENCH announced the consideration of HB 50. [Before the
committee was CSHB 50(JUD).]
9:42:56 AM
RYNNIEVA MOSS, Staff to Representative John Coghill, sponsor of
HB 50, explained that the sponsor became interested in the issue
of interstate child placement after he learned about the delays
in placing children with relatives living outside the state. The
delays result in children being placed in foster homes for up to
a year. The existing interstate compact for the placement
children (ICPC) was created in 1959, and Alaska adopted it in
1976. This 40-year-old statute doesn't reflect modern
technology, doesn't have accountability, and doesn't work.
9:44:35 AM
MS. MOSS relayed that when the sponsor read: "The compact and
its rules shall supersede state law, rules or regulations to the
extent of any conflict therewith" he decided to carry the bill
through to ensure that changes are made to sustain state
sovereignty. As currently written the bill eliminates that
language. It has provisions to place a child with relatives
after a basic assessment with a full home study to follow
thereafter.
MS. MOSS said the sponsor feels that the bill places
accountability appropriately and, contrary to the fiscal note,
believes that it will save money. It takes the state out of the
act of supervising placement where is shouldn't. "This language
has been worked on for several years, Representative Coghill has
been supervising his part for a year, and we feel the way the
language is now, it's a good bill and it's going to mean that
children are being placed with relatives and friends versus the
homes of strangers," she said.
9:47:06 AM
MARSHA PICKERING, Social Services Program Director, Office of
Children's Services, Department of Health and Social Services
(DHSS), said she is the deputy compact administrator. She
explained that the new compact will provide uniformity and
accountability to the processes. The old ICPC does not have any
accountability or enforcement of reciprocity to ensure that each
state is not charged for the services provided by another state.
Most importantly, the new compact will ensure safe and timely
placements so that home studies can be done within 60 days
instead of up to a year. She highlighted that the new ICPC has
been endorsed by the executive committees of the National
Council of State Human Services, the National Association of
Public Child Welfare Administrators, the National Association of
Administrators of ICPC, and the American Academy of Adoption
Attorneys.
MS. PICKERING continued to explain that the executive committee
of the administrators of the ICPC negotiated with the American
Academy of Adoption Attorneys to revise the flawed first draft
of the new compact. As currently written the new ICPC provides
for administrative rulemaking and accountability, supervision
services and accountability as well as the opportunity to
purchase home studies from private agencies in the event that a
state is slow in providing the service. It also provides two
types of placement evaluations, one is the home study and the
second is an assessment. The latter is an abbreviated version so
the child gets to grandma's house in less time. An advisory
committee made up of the executive branch, judiciary branch, and
the legislative branch will provide oversight and advice to her
office and its equivalent in other states.
9:52:24 AM
SENATOR THERRIAULT noted that the fiscal note says that even if
this is placed in statute it won't become effective until 34
other states also adopt the compact.
MS. PICKERING said that's correct. She expects it will take
about two years to get 35 states signed on and another year for
the new ICPC to develop rules and regulations for doing
business.
CHAIR FRENCH observed that you have to have a critical mass of
participants in order to have a true interstate compact.
SENATOR WIELECHOWSKI asked how many children this will impact in
the average year.
MS. PICKERING replied that on any given day she has about 380
open home study or placement requests, but she doesn't have data
on the number of children her office affects during the year.
CHAIR FRENCH asked if one central group is behind this idea.
MS. PICKERING said the American Public Human Services
Association took the lead and put together a drafting and
development team comprised of several stakeholders, attorneys,
judges, and state child-welfare directors. Several different
work-groups provided recommendations.
CHAIR FRENCH asked if this has been circulated within the Alaska
legal community, specifically the family law section of the bar
association.
MS. PICKERING said she isn't sure.
MS. MOSS said she, too, isn't sure, but family law and adoption
lawyers have been involved in amending the original bill.
9:55:28 AM
CHAIR FRENCH asked how much variance each state has when
enacting the compact.
MS. PICKERING replied the state can add statutes to enforce the
way it does business, but each state has to enact the body of
the compact verbatim, otherwise it isn't a compact.
MS. MOSS added that some sections of the bill dealing with court
rules to implement the other provisions are amendable.
SENATOR HUGGINS asked the cost of a home study versus a home
assessment and the value of one compared to the other.
MS. PICKERING estimated that referring a home study request to a
contractor costs between $800 and $1,200. Those take from 4-6
months because the criminal background fingerprint checks take a
long time. Under the new compact, the child can be placed while
awaiting the results of the criminal fingerprint check, if good
state background checks are available.
SENATOR HUGGINS commented that his life experience says that 90
percent on time is better than 100 percent late, and this
appeals to that sentiment and it works. "You have my support,"
he said.
9:57:52 AM
SENATOR McGUIRE asked if this draft was circulated to the court
appointed special advocates for abused children and the family
law bar.
MS. PICKERING explained that the Alaska OCS workgroup had
representatives from the American Academy of Adoption Attorneys
and several other areas at the table. Each member of the
workgroup was urged bring recommendations and concerns from the
group they represented. "So we can hope that it made the rounds,
but I'm not exactly sure," she said.
SENATOR McGUIRE asked if there is a record of the
recommendations and concerns and were they incorporated or not.
MS. MOSS replied she doesn't know how many responded to the
inquiries that OCS made, but she knows that legislative offices
were contacted and that's how she came to attend the meetings.
"I think there was plenty of public notice for participation,
but Marsha would probably have any documents that involve public
comment," she added.
SENATOR McGUIRE asked if the compact makes specific and
substantive changes to Alaska law. For example, some states,
like Alaska, have chosen to have open adoptions and some have
chosen to have closed adoptions. In the past she's looked at a
hybrid because a lot of kids aren't placed because of that
policy.
MS. MOSS deferred to Ms. Rutherdale.
JAN RUTHERDALE, Assistant Attorney General, Civil Division,
Child Protective Section, Department of Law, said the compact
makes no substantive changes to Alaska law.
10:02:11 AM
CHAIR FRENCH pointed out that the bill next has to pass the
finance committee hurtle. He added that he takes some solace in
the fact that the compact has to be authorized by 35 states
before becoming law. Finding no one who wanted to testify on
behalf of HB 50, he closed public testimony.
SENATOR McGUIRE motioned to report CSHB 50 and attached fiscal
note(s) from committee with individual recommendations.
10:03:20 AM
CHAIR FRENCH announced that without objection, CSHB 50(JUD) is
moved from the Senate Judiciary Committee.
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