Legislature(1993 - 1994)
03/12/1993 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 409
REP. NORDLUND mentioned Rep. Bunde's HB 100, Prosecution of
Juvenile Felons, and the sponsor's comment that children
under the age of 18, in some cases, ought to be tried as
adults. Yet in HB 79, he said, the sponsor provided that
parents should be responsible for the actions of children
under the age of 18. He asked Rep. Bunde to explain this
apparent incongruity.
Number 425
REP. BUNDE said that Rep. Nordlund's point was well taken.
He said HB 79 relied somewhat on existing law in that it was
difficult to recover damages from a person under the age of
18.
Number 442
REP. NORDLUND commented that the approaches of HB 100 and
HB 79 seemed to be at cross-purposes.
Number 446
REP. BUNDE stated that he understood Rep. Nordlund's point,
but he did not entirely concur. He said he did not see his
ideas as mutually contradictory.
REP. NORDLUND clarified his point by saying that if a child
was able to make adult decisions, then the parents should be
released from responsibility for the child's actions.
Number 459
REP. BUNDE said that parents could be released from
responsibility through legal action.
Number 464
REP. JAMES stated that she viewed HB 79 and HB 100 as
addressing two entirely different issues. She said that the
issue of parental responsibility did not necessarily enter
into HB 100.
Number 479
REP. BUNDE expressed his opinion that the two bills
addressed two different issues.
REP. KOTT asked if HB 79 would result in the state being
obligated to cover damages committed by a minor. He
mentioned a case on the Kenai Peninsula in which a child in
the custody of the state and living in a foster home had
committed arson.
REP. BUNDE said that under current law, a state agency or
its agents would not be liable for the acts of a minor in
their custody. He said his bill would not change that or
increase the state's liability.
Number 514
REP. DAVIDSON asked Rep. Bunde if he had children, and if
so, what tools he employed to control the behavior of his
teenagers.
Number 515
REP. BUNDE said that he did have children and used remedies
ranging from a strong voice and spankings to "time out" and
threats of kicking the children out of the house if they did
not behave. He noted that if he had been responsible for
$50,000 in damages committed by his children, he would have
adjudicated them as delinquent as soon as he felt they might
commit damage in retaliation for being kicked out of the
house. He said that he subscribed to the theory of "Tough
Love," whereby a child was told that if he or she lived with
parents, he or she would have to abide by rules set by the
parents.
Number 531
REP. KOTT asked what happened once a child was adjudicated
as delinquent.
Number 535
REP. BUNDE replied that he believed that such children
became wards of the court.
Number 543
REP. DAVIDSON commented that a parent could not have a child
adjudicated as delinquent unless the child had committed a
crime, in his understanding.
Number 547
REP. BUNDE said that his research indicated that if a child
were out of control, a parent could have him or her
adjudicated as delinquent. He noted that the process was
not a simple one.
Number 554
CHAIRMAN PORTER noted that it was his understanding that a
court had to judge whether or not a child was delinquent.
Number 560
REP. DAVIDSON said that a parent could not necessarily have
an unruly child adjudicated as delinquent.
CHAIRMAN PORTER replied that Rep. Davidson was correct.
REP. NORDLUND asked about a child who committed an act of
vandalism, was caught, and was charged with a crime by the
police. At that point, he asked, would the child be
adjudicated as delinquent, and therefore not covered under
the provisions of HB 79?
Number 574
REP. BUNDE said that the child would not be considered
delinquent at the point at which the crime was committed.
He or she would be adjudicated as such after the crime was
committed.
Number 579
CHAIRMAN PORTER commented that one malicious act would not
guarantee that a child would be branded "delinquent."
Number 586
REP. KOTT asked if a parent could petition the court to
adjudicate a child as delinquent if that child ran away from
home.
Number 596
RANDALL HINES, YOUTH CORRECTIONS SPECIALIST with the
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, commented that
children entered the juvenile justice system through a
number of means: petitions filed by law enforcement
agencies, school district referrals, and parental referrals.
However, he said if a child did not break the law, no
delinquent offense had occurred. He stated that a child
could not be adjudicated as delinquent just because he or
she had run away from home and was incorrigible.
Number 613
REP. KOTT asked if, under HB 79's provisions, a parent could
be liable for $50,000 worth of damage caused by a teenage
runaway.
Number 620
MR. HINES noted that parents could not "adjudicate" their
children as delinquent; only the court could do that.
Number 626
REP. KOTT commented that the committee should get a legal
opinion as to whether adjudication was the only mechanism
for alleviating parental responsibility for damage caused by
their children. He asked Mr. Hines to discuss the
emancipation process.
Number 631
MR. HINES said that in order for a child to be legally
emancipated, it had to be demonstrated to the court that the
child was recognized as an adult.
CHAIRMAN PORTER noted that for a child to be emancipated,
the child often had to demonstrate talents, not liabilities.
Number 639
REP. JAMES expressed her belief that if a parent could not
control a child, he or she could have the child placed in
foster care.
Number 646
MR. HINES replied that emergency foster care could be
provided for such children in some cases.
Number 654
REP. DAVIDSON asked Mr. Hines if he felt that changing laws
so as to give parents reasons to relinquish control of their
children to the state was a good idea.
Number 663
MR. HINES said that each family was "a fingerprint," and the
issues surrounding a family's ability to care for a child
were very complex. He said that strengthening the runaway
law might be a step in the right direction. He added that
providing additional foster care might also be part of the
solution. He said that there was not one simple answer to
this complex problem.
Number 689
REP. PHILLIPS made a motion to move HB 79 out of committee
with individual recommendations.
Number 692
REP. DAVIDSON objected. He asked that the committee hear
testimony from the court system on the issue.
Number 697
CHAIRMAN PORTER commented that the committee had addressed
many important issues. He said that in his understanding
HB 79 was not intended to solve the whole problem of
delinquent juveniles. He said that the bill had a
relatively narrow focus in deterring some juveniles from
committing acts of vandalism.
Number 715
REP. DAVIDSON maintained his objection, as he was not
convinced that HB 79 was a good bill. He noted that bills
that the committee passed out might well become state law.
He said that the legislature needed to address all the
aspects of the problem of delinquent juveniles. He said he
appreciated the sponsor's effort, but felt that HB 79 would
result in more pressure on the family unit. He said that he
would like to hear from more agencies, more parents, and
perhaps some children.
CHAIRMAN PORTER called for a roll call vote on the motion to
move the bill from committee. Reps. Green, Kott, James and
Porter voted "yea." Reps. Davidson and Nordlund voted
"nay." And so, HB 79 was moved out of committee with
individual recommendations and a zero fiscal note.
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