04/06/2010 03:00 PM House HEALTH & SOCIAL SERVICES

         HB 126-FOSTER CARE/CINA/EDUCATION OF HOMELESS                                                                      
                                                                                                                                
3:05:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER announced that the  first order of business would                                                               
be  HOUSE  BILL NO.  126,  "An  Act  relating to  continuing  the                                                               
secondary  public education  of a  homeless student;  relating to                                                               
the purpose of certain laws  as they relate to children; relating                                                               
to tuition  waivers, loans,  and medical  assistance for  a child                                                               
placed  in out-of-home  care  by the  state;  relating to  foster                                                               
care; relating  to children  in need of  aid; relating  to foster                                                               
care transition  to independent living; and  relating to juvenile                                                               
programs  and institutions."    [In front  of  the committee  was                                                               
proposed  Committee  Substitute  (CS) for  HB  126,  26-LS0309\O,                                                               
Mischel, 3/30/10, adopted as the working document on 4/1/10.]                                                                   
                                                                                                                                
3:06:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LES  GARA,  Alaska State  Legislature,  explained                                                               
that  the  sponsors  had  worked on  amendments  to  address  the                                                               
earlier concerns.  He explained  that one amendment would clarify                                                               
the standards for  reentry into foster care,  and would determine                                                               
that "it was in the child's best interest."                                                                                     
                                                                                                                                
3:07:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER  requested that the  proposed Amendment  1, which                                                               
had  been objected  to on  4/1/10, be  withdrawn, so  that a  new                                                               
amendment could be presented.                                                                                                   
                                                                                                                                
3:07:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to withdraw  proposed Amendment  1,                                                               
labeled 26-LS0309\O.3, Mischel, 4/1/10.                                                                                         
                                                                                                                                
[There being no objection, proposed Amendment 1 was withdrawn.]                                                                 
                                                                                                                                
The committee took an at-ease from 3:07 p.m. to 3:09 p.m.                                                                       
                                                                                                                                
3:09:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to adopt  Amendment 2,  labeled 26-                                                               
LS0309\O.8, Mischel, 4/5/10, which read:                                                                                        
                                                                                                                                
     Page 2, line 12:                                                                                                           
          Delete "and"                                                                                                      
          Insert "in this sub-subparagraph, "parent" means                                                                  
     a biological or adoptive parent or a legal guardian of                                                                 
     the person;"                                                                                                           
                                                                                                                                
     Page 2, line 14:                                                                                                           
          Delete    "harm,    homelessness,   or    economic                                                                
     hardship,"                                                                                                             
          Insert "harm or homelessness"                                                                                     
                                                                                                                                
     Page 2, line 17, following "living;":                                                                                  
          Insert "and                                                                                                       
               (iv)  if requested by the department, agrees                                                                 
     to  reasonable terms  for resuming  state custody  that                                                                
     may   include   matters   relating  to   the   person's                                                                
     education,  attainment  of a  job  or  life skills,  or                                                                
     other terms found by the  court to be reasonable and in                                                                
     the person's best interest;"                                                                                           
                                                                                                                                
     Page 3, line 19:                                                                                                           
          Delete "AS 47.14.900"                                                                                             
          Insert "AS 47.14.400"                                                                                             
                                                                                                                                
                                                                                                                                
CO-CHAIR KELLER objected for discussion.                                                                                        
                                                                                                                                
CO-CHAIR KELLER explained  that proposed Amendment 2  would add a                                                               
further  definition of  parent, on  page  2, line  12, and  would                                                               
delete the  term, "economic hardship"  on page  2, line 14  as it                                                               
had been determined to be indefinable in the context.                                                                           
                                                                                                                                
3:11:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER  pointed to page  2, line 17, and  explained that                                                               
the  insert  would allow  the  Department  of Health  and  Social                                                               
Services (DHSS)  to set terms  on any placement back  into foster                                                               
care.                                                                                                                           
                                                                                                                                
3:12:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER directed attention to  page 3, line 19, and noted                                                               
that this corrected a typographical error.                                                                                      
                                                                                                                                
3:12:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  reiterated  that   DHSS  could  now  impose                                                               
conditions for the  child's best interest on  a reentry placement                                                               
into foster care.                                                                                                               
                                                                                                                                
3:13:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER  removed his objection.   There being  no further                                                               
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
3:13:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to adopt  Amendment 3,  labeled 26-                                                               
LS0309\O.10, Mischel, 4/6/10, which read:                                                                                       
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "and"                                                                                                        
                                                                                                                                
     Page 1, line 2, following "children":                                                                                    
         Insert "; and providing for an effective date"                                                                       
                                                                                                                                
     Page 3, following line 19:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 4. This Act takes effect January 1, 2011."                                                                  
                                                                                                                                
                                                                                                                                
3:13:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  KELLER  objected for  discussion.    He explained  that                                                               
proposed  Amendment 3  changed the  effective date,  so that  the                                                               
fiscal impact would be lessened.                                                                                                
                                                                                                                                
3:13:55 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER  removed his objection.   There being  no further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
3:14:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR KELLER closed public testimony.                                                                                        
                                                                                                                                
3:14:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  pointed out  that there  was also  a revised                                                               
fiscal note.                                                                                                                    
                                                                                                                                
3:15:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON moved to report  CSHB 126, 26-LS0309\O,                                                               
Mischel, 3/30/10,  as amended, out  of committee  with individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
There being  no objection, CSHB  126 (HSS) was reported  from the                                                               
House Health and Social Services Standing Committee.