Legislature(2005 - 2006)
04/22/2005 02:48 PM House FIN
| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB53 | |
| HB12 | |
| HB7 | |
| HB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 53
An Act relating to child-in-need-of-aid proceedings;
amending the construction of statutes pertaining to
children in need of aid; relating to a duty and
standard of care for services to children and families;
amending court hearing procedures to allow public
attendance at child-in-need-of-aid proceedings;
establishing a right to a trial by jury in termination
of parental rights proceedings; reestablishing and
relating to state and local citizens' review panels for
certain child custody matters; amending the duty to
disclose information pertaining to a child in need of
aid; establishing a distribution age for permanent fund
dividends held in trust for a child committed to the
custody of the Department of Health and Social
Services; mandating reporting of the medication of
children in state custody; prescribing the rights of
grandparents related to child-in- need-of-aid cases and
establishing a grandparent priority for adoption in
certain child- in-need-of-aid cases; modifying adoption
and placement procedures in certain child-in- need-of-
aid cases; amending treatment service requirements for
parents involved in child-in-need-of-aid proceedings;
amending Rules 3 and 18, Alaska Child in Need of Aid
Rules of Procedure; and providing for an effective
date.
Vice-Chair Stoltze MOVED to ADOPT work draft #24-LS0251\N,
Mischel, 4/21/05, as the version of the bill before the
Committee. There being NO OBJECTION, it was adopted.
3:30:19 PM
RYNNIEVA MOSS, STAFF, REPRESENTATIVE JOHN COGHILL, stated
that the bill is a "family's right act". The proposed bill
would open child-in-need-of-aid (CHINA) proceedings to the
public. HB 53 provides placement and adoption preference to
relatives. It establishes in statute a grievance procedure,
a citizen's review panel and that school interviews are done
discretely. The legislation encourages the use of child
advocacy centers and the use of videotaping. Current
language is mandatory; Representative Coghill has agreed to
an amendment making it permissive. HB 53 eliminates
language in AS 47.10.960, which states there is no duty or
standard of care for children in State custody.
Ms. Moss noted that HB 17 was rolled into HB 53 with regard
to the confidential information. It will extend the
relationship with Office of Child's Service (OCS) beyond the
termination of parental rights. The legislation gives
preference to adoption by a family member who has cared for
the child during the previous 12 months.
3:36:16 PM
Representative Weyhrauch referred to an abuse situation in
Wasilla and asked if provisions in the bill addressed that
specific case.
3:37:10 PM
HEATHER NOBREGA, STAFF, REPRESENTATIVE NORM ROKEBERG,
related that portions of the bill resulted from that case
and relate to adult family members of the children that have
been adopted. She pointed out that their office had worked
to help assert their rights into the process.
Representative Weyhrauch questioned if provisions in the
bill could have prevented the situation. Ms. Nobrega
explained that the abuse happened after the kids were
adopted. She added that family members had contacted the
Office of Child Services before they had been adopted. The
bill attempts to help adult family members early on to get
more active in placement of children in adoption.
Vice-Chair Stoltze commented the bill could offer relief to
the appropriate family members.
3:39:15 PM
Ms. Moss opined that the bill could not have prevented that
situation and that no legislator was contacted until after
the abuse had occurred. There was no way to prevent it.
Representative Croft thought that it could have been avoided
if the Division of Family and Youth Services (DFYS) had been
given more consideration during placement of the children.
If preference had been given to an adult relative, it could
have possibly been addressed.
3:40:57 PM
Representative Croft requested information about the fiscal
note. Ms. Moss explained that changes in the committee
substitute impacted the fiscal note. Representative Croft
wondered if some of the problems in the fiscal note were
caused by biological preference.
STACY KRALY, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,
replied that the federal government required that OCS only
disclose confidential information with a parent. There was
a previous version in the bill that allowed a broader
exposure. If the bill were passed as previously amended, it
could have meant about a $30 million dollar federal loss.
Representative Croft questioned if that had been addressed
in the proposed version. Ms. Kraly replied it had and that
there no longer was a problem with preference with respect
to placement, but the issue of disclosure of confidential
information remains.
3:43:40 PM
Representative Holm remembered a case in which grandparents
wanted custody of their grandchildren; he asked if that was
one of the current cases. Ms. Moss provided details about
that case and noted that one of the provisions included in
the bill resulted from that case. The State has a right to
stay involved as long as the child is in State custody.
3:46:35 PM
TAMMY SANDOVAL, ACTING DEPUTY COMMISSIONER, OFFICES OF
CHILDREN'S SERVICES (OCS), DEPARTMENT OF HEALTH & SOCIAL
SERVICES, related that HB 53 addresses changes in the child-
in-need-of-aid statutes. The bill focuses on accountability
for professionals involved in those cases. It should
improve practice and allow for detecting transparency in the
children's system. HB 53 incorporates identical language
from the Governor's bills, HB 113 and HB 114. The
Department supports passage of HB 53 with recommendation of
a few small changes.
Representative Kelly inquired if the attached four
amendments addressed Ms. Sandoval's concerns. Ms. Sandoval
replied they did.
3:49:08 PM
PAT LUBY, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, ALASKA
ASSOCIATION OF RETIRED PEOPLE (AARP), ANCHORAGE, testified
in support of HB 53. He pointed out that AARP is an
organization of grandparents. Unfortunately, there are
situations that put a parent's right at risk. HB 53 puts
other family members, including grandparents as the priority
order for guardianship and adoption rights. Often times,
placement with a grandparent would be in the best interest
of a minor child. AARP encourages the Committee to pass HB
53.
3:49:58 PM
TAMI ELDER, (TESTIFIED VIA TELECONFERENCE), NETWORK
COORDINATOR, VOLUNTEERS OF AMERICA (VOA), ANCHORAGE, shared
stories of the importance of being raised by grandparents.
Grandparents usually attempt to keep their families in tact
and provide a safe and loving home for their grandchildren.
Most families in those situations have not had involvement
with OCS. Ms. Elder spoke in favor of HB 53.
3:54:35 PM
SCOTT CALDER, (TESTIFIED VIA TELECONFERENCE), FAIRBANKS,
expressed disappointment that certain sections had not been
included in the bill:
· Chapter 117, SLA 19.90 language, which established
the citizen review panel for planning, an act never
permitted to be implemented on the duty of the
standard of care language;
· Construction language regarding the fact that
parents possesses inherent individual right to
direct and control the education of their child.
Mr. Calder acknowledged that grandparents needed greater
recognition in the system, as do the parents. He added that
the Department would control all the information that people
have on a child, which worried him. Mr. Calder highlighted
concerns regarding the review panel and spoke in opposition
to the legislation.
4:03:50 PM
KELLY HUBER, SELF, JUNEAU, spoke in support of the bill.
She noted that she was a Court appointed special advocate
and worked as a volunteer for the State for children-in-
need-of-aid cases and from children removed from their
homes. She encouraged members to consider the needs of
these children.
The bill helps young children in Alaska. Child protective
services are "under a microscope right now". She pointed
out that the bill would open up court hearings and requested
that the Committee consider the ramifications that would
have on the child.
Ms. Huber addressed the generational abuse that some
children experience. She urged that the best interest of
the child always be considered. She added her support that
notification is given to living relatives if parental rights
are terminated. In a traditional-type family setting that
could be wonderful, however, many of these children do not
live in that type environment, compounded with alcohol and
drug abuse. She hesitated that all living relatives should
be notified and recommended sidebars be given for some of
the requirements.
Ms. Huber pointed out that foster homes had been left out of
the preference list on Page 20. She reiterated that
consideration of the child be the highest priority and that
sidebars be added for the protection of those children.
4:09:21 PM
Representative Kelly inquired if Ms. Huber had spoken with
the sponsor regarding her concerns. Ms. Huber noted that
she had been working with the sponsor. She hoped that
Representative Hawker would also help address the concerns,
reiterating the importance of "open hearings". Ms. Huber
reminded members that these kids are fragile; they have had
a rough life.
4:10:41 PM
Representative Kelly requested further information on the
amendments.
Representative Holm inquired if there had been training
involved representing the children. Ms. Huber replied that
there is a training program provided by the court, with an
additional 12 hours per year continued education. She
pointed out that it is the only volunteer service within
that system. Ms. Huber stated that she reports directly to
the guardian ad liam, who works for Office of Public
Advocacy (OPA).
Representative Holm inquired if they were certificated to be
advocates for children. Ms. Huber did not think they were
certificated.
4:12:22 PM
HB 53 was HELD in Committee for further consideration.
4:13:30 PM
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