Legislature(2013 - 2014)CAPITOL 106
04/02/2013 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HJR14 | |
| HB54 | |
| Alaska Children's Services | |
| HB134 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HJR 14 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 134 | TELECONFERENCED | |
HB 54-PLACEMENT OF A CHILD IN NEED OF AID
3:46:16 PM
CHAIR HIGGINS announced that the next order of business would be
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 54, "An Act relating to
the identification, location, and notification of specified
family members and family friends of a child who is in state
custody." [In front of the committee was Version 28-LS0202\R,
adopted as the working document on February 26, 2013.]
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 134, labeled 28-LS0303\R, Mischel,
4/1/13, as the working document.
REPRESENTATIVE PRUITT objected for discussion.
REPRESENTATIVE SEATON asked to clarify which bill was being
discussed.
REPRESENTATIVE KELLER clarified that he had meant to adopt
[SS]HB 54, Version R.
CHAIR HIGGINS rescinded the previous motion.
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for [SS]HB 54, labeled 28-LS0202\R, Mischel,
2/7/13, as the working document.
3:47:15 PM
TOBY SMITH, Staff, Representative Les Gara, Alaska State
Legislature, explained that there were three sections in Version
R. He read from the House Bill 54 Sectional Analysis:
[Included in members' packets]
This section adds a new section to AS 47.10, requiring
that a supervisor in the Office of Children's Services
(OCS) certify in writing that a search for
noncustodial parents, adult family members, and
appropriate adult family friends of the child has been
conducted. OCS must notify these adults of the child's
removal within 30 days, unless there are extenuating
circumstances. This section codifies existing OCS
policy related to extended family searches, and adds
the requirement of supervisor certification.
This section adds a reference to the new section of
statute established in Section 1. It requires that due
diligence be conducted to locate extended family
members before the child is placed in a foster home.
This section allows the department to provide for
emergency placement of a child while conducting due
diligence.
MR. SMITH stated that the proposed bill would not cost the state
any money, and would address an accountability issue, to ensure
that "front line case workers are doing the work that they are
supposed to be doing, and that's in the best interests of foster
youth by requiring that a supervisor sign off when a case worker
has done a due diligence search."
3:49:11 PM
REPRESENTATIVE KELLER asked if the Department of Health and
Social Services (DHSS) had indicated a possibility that this
would remove an option for not contacting an individual
considered to be a danger to the child.
MR. SMITH deferred to DHSS.
3:50:02 PM
CHAIR HIGGINS opened public testimony.
REPRESENTATIVE PRUITT removed his objection.
3:51:05 PM
AMANDA METIVIER, Statewide Coordinator, Facing Foster Care in
Alaska, stated that the proposed bill ensured compliance with
regulations that were already an Office of Children's Service'
(OCS) policy. She noted that that there was not a cost to the
state, and it could potentially save money in the search for
foster homes, and for the cost of long term foster care.
3:52:59 PM
REPRESENTATIVE KELLER, noting that the proposed bill required
OCS to notify a list of people, asked if this would force OCS to
make contact with a non-custodial parent who they would prefer
not to contact.
3:53:48 PM
CHRISTY LAWTON, Director, Central Office, Office of Children's
Services, Department of Health and Social Services, said that
this proposed bill did not change the current requirements for
contact.
REPRESENTATIVE KELLER asked if a non-custodial parent included a
parent who had lost their parental rights through the courts.
MS. LAWTON opined that it would not.
REPRESENTATIVE KELLER asked to confirm this, as this
notification may not serve the best interest of the child.
3:54:54 PM
REPRESENTATIVE SEATON asked about earlier testimony that this
was required in federal law and was a policy of the DHSS. He
opined that the concerns presented by Representative Keller
would have already been addressed.
MS. LAWTON replied that the proposed bill included elements
already addressed in federal law, with some small additions that
were not yet included in policy or law.
REPRESENTATIVE SEATON asked if those additions were reasonable
and beneficial.
MS. LAWTON said that the additions were reasonable and could
provide some enhancements.
3:56:10 PM
CHAIR HIGGINS asked for the reasons that OCS wanted these
changes in statute.
MS. LAWTON replied that she preferred a change to the
regulations, instead of policy. She noted that there had been
concern for whether changes in regulation were the best forum,
as policy changes could have the same effect. She noted that
the majority of OCS policy, procedures, and day to day practice
were not covered in regulation. She offered her belief that
these proposed changes were a better fit in regulation; although
they would be allowable in procedure, the preferred avenue was
in regulations, per the Department of Law.
3:57:47 PM
CHAIR HIGGINS opined that there were too many layers of
bureaucracy, and he asked if this proposed bill would be a
hindrance.
MS. LAWTON replied that the proposed bill did not create
bureaucracy, but added components of good practice for
improvement. She said that, although the amount of work for the
staff would be less with a change in policy, the meaning and the
intent of the proposed bill was not bureaucratic.
CHAIR HIGGINS asked, if this became statute, would it invite
more litigation compared to current experience.
MS. LAWTON replied that she did not anticipate any increase in
litigation as the majority of the aspects of the proposed bill
were already in practice.
3:59:44 PM
REPRESENTATIVE KELLER asked to clarify that there was nothing in
the proposed bill that implied any preference for placement of a
child.
MS. LAWTON, in response, said that the proposed bill did outline
a preference standard, but that this was a standard which OCS
already used. She explained that the priority ranking was to
relatives, then family friends with a relationship to the child,
and then to the unrelated licensed foster care family. She
declared these to be the same preferences as were currently
followed.
4:01:15 PM
REPRESENTATIVE KELLER asked to ensure that his earlier request
for information be delivered to the House Judiciary Standing
Committee.
4:01:32 PM
CHAIR HIGGINS closed public testimony.
4:01:40 PM
REPRESENTATIVE KELLER moved to report CSSSHB 54, Version 28-
LS0202\R, Mischel, 2/7/13, out of committee with individual
recommendations and the accompanying zero fiscal notes. There
being no objection, CSSSHB 54(HSS) was moved from the House
Health and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR14 Sponsor Statement.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR 14 Proposed Amendment Ver U.1.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR14.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR14 Summary.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR14 Resolution Sources.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR14 Supporting Documents - ADN Article.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR14 Supporting Documents - Alaska Dispatch Article.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| HJR Supporting Documents - NFIB.pdf |
HHSS 4/2/2013 3:00:00 PM |
HJR 14 |
| ACS Capsis.pdf |
HHSS 4/2/2013 3:00:00 PM |
ACS Presentation |
| ACS distance based delivery system.pdf |
HHSS 4/2/2013 3:00:00 PM |
ACS Presentation |
| Overview -20130402.pdf |
HHSS 4/2/2013 3:00:00 PM |
ACS Presentation |
| ANTHC ACS Letter 1.pdf |
HHSS 4/2/2013 3:00:00 PM |
ACS Presentation |
| HB054 Research - House HSS information from 4-2-13.pdf |
HHSS 4/2/2013 3:00:00 PM |
HB 54 |