Legislature(2021 - 2022)DAVIS 106
04/22/2021 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB133 | |
| HB145 | |
| HB106 | |
| HB184 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 133 | TELECONFERENCED | |
| + | HB 106 | TELECONFERENCED | |
| *+ | HB 184 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 145 | TELECONFERENCED | |
HB 184-REQUIRE TRIBAL CHILD WELFARE COMPACT
4:19:01 PM
CO-CHAIR ZULKOSKY announced that the final order of business
would be HOUSE BILL NO. 184, "An Act requiring state
participation in a tribal child welfare compact."
4:19:22 PM
The committee took an at-ease from 4:19 p.m. to 4:20 p.m.
4:20:54 PM
CO-CHAIR ZULKOSKY presented HB 184, as prime sponsor, via a
PowerPoint presentation entitled, "HB184 Tribal Child Welfare
Compact," [hard copy included in the committee packet]. She
explained that the bill seeks to protect implementation of the
"historic and landmark" Tribal Child Welfare Compact (TCWC) by
codifying it in Alaska statute. She said that the TCWC is an
agreement between tribes and the state that seeks to help
address deep, structural inequities in the way that Alaska
children are cared for across the state. She began on slide 2,
"Why the work began," which read as follows [original
punctuation provided]:
Significant Disparities
• Alaska Native Children make up 15% of the state's
general population but represent 60% of the
children in state custody
• Disparities of this nature indicate a system
failure in our child welfare system
OCS Retention Difficulties
• Office of Children's Services (OCS) typically
operates at a 50% vacancy rate and require
frontline workers to carry caseloads more than 3x
the national average
• The goal of HB 151 (2018) was to lower turnover
and vacancy rates, but despite increased funding,
turnover rates have not decreased
CO-CHAIR ZULKOSKY continued on slide 3, "How the work began,"
which read as follows [original punctuation provided]:
Tribal State Collaboration Group
• A 25-year partnership between state, tribal
representatives, and invited stakeholders
• Goals:
• Strengthen Alaska's compliance with the Indian Child
Welfare Act (ICWA) of 1978.
• ICWA is a Federal law that established standards for
the removal and placement of American Indian children
and enabled Tribes and families to be involved in
child welfare cases.
• Reduce the disproportionality of Alaska Native
children in state custody
• Build & strengthen working relationships
Tribal Title IV-E Agreements
• Provides Federal funding to states and tribes for
foster care, transitional independent living programs,
guardianship assistance, and adoption assistance
• Tribes also receive a higher reimbursement rate than
states for covered services, resulting in significant
General Fund savings.
CO-CHAIR ZULKOSKY proceeded to slide 4, "What is Alaska's
Child Welfare Compact?" The slide read as follows
[original punctuation provided]:
• The Alaska Tribal Welfare Compact (Compact) is a
government-to-government agreement to improve the life
outcomes for Alaska's children and families by
transferring specific, negotiated child welfare
services and supports (including revenue streams) from
the Office of Children's Services (OCS) to the Tribal
Co-Signers
• The Compact was signed in 2017 by Governor Walker and
18 Tribal Co-Signers; representing 161 Federally-
recognized Tribes and Tribal Organizations and
continued under Governor Dunleavy in 2019
CO-CHAIR ZULKOSKY addressed slide 5, "Implementation
Timeline," which read as follows [original punctuation
provided]:
FY2018
• Tribal Co-Signers developed their programs, built
capacity and infrastructure
• OCS began sharing Protective Services Reports (PSRs or
'screen ins' or 'screen outs'), and provided training
and technical support
FY2019
• Tribal Co-Signers began performing Initial Diligent
Relative Searches
• The Parties negotiated four new Scopes of Work for
Ongoing Relatives Searches, Family Contact, Licensing
Assists, and Safety Evaluations
• However, the State declined to sign due to a change in
Administration
4:24:19 PM
CO-CHAIR ZULKOSKY spoke to slide 6, "Implementation
Timeline," which read as follows [original punctuation
provided]:
FY2020
• Parties worked out differences and signed all five
previously-negotiated Scopes:
• Initial Diligent Relative Searches (IDRS)
• Ongoing Relative Searches (ORS)
• Family Contact
• Licensing Assists
• Safety Evaluations
FY2021
• Negotiations will take place in May 2021
CO-CHAIR ZULKOSKY advanced to slide 7, "Advantages," which
read as follows [original punctuation provided]:
• Provides higher quality services, closer to home, at a
lower cost through leveraging Tribal resources
• Strengthens state services by engaging Tribes, often
the most local government, on an issue of shared
interest
• Increased public trust through existing family
relationships with Tribes
CO-CHAIR ZULKOSKY proceeded to slide 8, "Adverse Childhood
Experiences (ACES)," which read as follows [original
punctuation provided]:
Adverse Childhood Experiences (ACEs) have a tremendous
impact on future violence victimization and
perpetration, and lifelong health outcomes.
ACEs are potentially traumatic events that occur in
childhood (0-17 years):
• Experiencing violence, abuse, or neglect
• Witnessing violence in the home or community
• Having a family member attempt or die by suicide
• Growing up in a household with substance abuse, mental
health problems, instability due to parental
separation or household members in prison
ACEs are linked to:
• Chronic health problems
• Mental illness
• Substance abuse problems in adulthood
Increased incarceration rates ACEs can negatively
effect:
• Education
• Job opportunities
• Earning potential
4:26:08 PM
CO-CHAIR ZULKOSKY discussed slide 9, "Adverse Childhood
Experiences (ACES)," which read as follows [original punctuation
provided]:
Adverse Childhood Experiences (ACEs) have a tremendous
impact on future violence victimization and
perpetration, and lifelong health outcomes.
How big is the problem?
• ACEs are common. 61% of adults surveyed across 25
states reported that they had experienced at least one
type of ACE, and nearly 1 in 6 reported they had
experienced four or more types of ACEs.
• Preventing ACEs could potentially reduce a large
number of health conditions. For example, up to 1.9
million cases of heart disease and 21 million cases of
depression could have been potentially avoided by
preventing ACEs.
• Women and several racial/ethnic minority groups are at
greater risk for having experienced 4 or more types of
ACEs.
• ACEs are costly. The economic and social costs to
families, communities, and society totals hundreds of
billions of dollars each year.
CO-CHAIR ZULKOSKY continued on slide 10, "Sectional Analysis,"
which read as follows [original punctuation provided]:
Section 1: Amends AS 47.05 to add a new section to
article 1 requiring the State to participate in a
Tribal Child Welfare Compact.
4:29:16 PM
NICOLE BORROMEO, General Counsel and Executive Vice President,
Alaska Federation of Natives, testified in support of HB 184.
She stated that the bill is necessary to cement the compact in
law and make it no longer at the will of the administration.
She said the bill would allow for opportunity to improve the
child welfare system.
4:30:36 PM
MELANIE BAHNKE, President, Kawerak Organization, testified in
support of HB 184. She shared that Kawerak is a regional tribal
consortium in the Bering Strait region of Alaska and has been
providing services for over 40 years, including operating a
child advocacy center. She expressed that more local control
results in better outcomes, whether it's the health care system,
the Bureau of Indian Affairs (BIA) programs, or child welfare
programs. She echoed Ms. Borromeo's statement that it is
important to codify the compact in statute to protect it from
being "wiped away" with an incoming administration. She said
that significant resources are being invested as part of the
negotiation process, and all participating Kawerak staff are
being compensated through Kawerak funds. She added that Kawerak
is willing and capable of taking on this work and would
appreciate the assurance that the state will not write off the
compacting process, but instead codify it into law.
4:33:29 PM
VIVIAN KORTHUIS, Chief Executive Officer, Association of Village
Council Presidents (AVCP), testified in support of HB 184. She
explained that the (AVPC) represents 66 federally recognized
tribes on the Yukon-Kuskokwim Delta. She said that the top
three priorities of AVCP are public safety, economic
development, and community wellness. She stated that healthy
children and families are paramount to achieve community
wellness. She said that the TCWC presents an opportunity for
tribes and the government to work together. She added that the
experience and knowledge of the tribes make the tribes an
excellent resource in delivering child welfare services,
especially in rural Alaska. She noted that tribes have decades
of experience in working with the federal government in avenues
such as healthcare.
MS. KORTHUIS specified that there are approximately 500 tribal
children from the AVCP region in OCS custody, and these children
all rely on the tribes to make appropriate decisions that will
impact the lives of the children. She said she has over 15
years of experience working in tribal compacting, and is aware
that implementing a compact takes time, effort, funding, and
commitment. She shared an example of a child being removed by
OCS in November 2020 from the child's parents in Anchorage. She
said that AVPC was contacted to help place the child with a
relative and was able to successfully find an appropriate
relative in the village, which was possible only because of the
compact. She reiterated AVCP's support for codifying the
compact in law through HB 184.
4:39:59 PM
REPRESENTATIVE FIELDS asked Co-Chair Zulkosky whether Alaska is
the leading state in child welfare compacts.
CO-CHAIR ZULKOSKY responded yes and offered her understanding
that the proposed compact is the first of its kind.
REPRESENTATIVE FIELDS shared his understanding that it would
also be the first statutory requirement for a child welfare
compact. Noting that it would be the first statute of its kind,
he asked about the thought process behind the language of the
bill, what "participate" means in a legal sense, and what the
nature of a compact would be.
CO-CHAIR ZULKOSKY responded that the intention behind the
construct of the legislation as it is written is to give the
most latitude to the governor and the state in its negotiations,
as well as the tribes. It intends to not be "too prescriptive"
and ensure that there is flexibility.
4:43:17 PM
ELIZABETH HENSLEY, General Counsel, Maniilaq Association, in
response to Representative Fields' question, stated that the
term "participate" intends to indicate inclusion without being
too prescriptive. She explained that it intends to avoid
mandating the compact to look a particular way, and it intends
to allow for a unique agreement that affirms that there are two
governments, each with its own sovereign nature, coming together
into the agreement. She said the risk is that the state could
treat the tribes not as the unique entities that the tribes are,
but as "any old third party."
REPRESENTATIVE FIELDS asked Ms. Hensley whether she thinks that
the scope of a child welfare compact can change over time within
the parameters of the language.
MS. HENSLEY answered that the type of compact at hand is a child
welfare compact, and the Indian Child Welfare Act (ICWA), a
federal law, speaks to that. She explained that ICWA authorizes
states and tribes to enter into an agreement with respect to
child welfare, which connects it to federal law. She stated it
would be desirable for the compact to be able to evolve over
time to be most tailored to the needs of Alaska's children.
This is why there's an annual negotiation cycle in the compact,
she said, and the next negotiation is set to happen in May 2021.
CO-CHAIR ZULKOSKY recalled Ms. Korthuis mentioning in her
testimony that the tribal health compact has evolved over the
past 25 years. She said the health care community has made
great strides during those 25 years. She explained that the
brevity of the language is to ensure that those types of strides
and accomplishments can be achieved, while protecting the
compact in statute.
4:48:22 PM
REPRESENTATIVE KURKA said the timing of the bill seems awkward.
He opined that the agreement should be finalized before passing
the law to require conformance with it. He noted that Co-Chair
Zulkosky mentioned in her presentation that the negotiations
would be taking place in May.
CO-CHAIR ZULKOSKY responded that the compact is already in place
and ongoing; it was signed in 2017 and agreements have happened
both on the state and tribal sides. Annual negotiations to
update the agreements are in place to have any ongoing
discussions.
REPRESENTATIVE KURKA asked whether this would mean requiring the
state to comply with the parts of the compact that have been
negotiated and agreed upon, and not the new parts.
CO-CHAIR ZULKOSKY answered that the intention of the broadness
of the language is to protect the child welfare compact in
statute. It would require that the state and the tribes
participate in the compact, she said. The details related to
the different scopes of work are not included, and the ongoing
particulars about what has previously been negotiated is not
included intentionally because, as was mentioned in testimony,
those are updated from year to year. She explained that these
items might be negotiated upon again and there may be tribes
that opt to participate and others that may take on more scopes
of work. The bill, she said, would require that the compact
remain in place.
4:52:04 PM
REPRESENTATIVE SPOHNHOLZ offered her understanding that the
compact has already been signed, and that it is a policy
approach that has carried over from administration to
administration. What is being proposed in the bill, she said,
is to codify what it is that has already been happening without
being too prescriptive, telling Governor Dunleavy what he must
compact for, or telling tribes what they must compact for. It
instead would simply mandate participation in the compact. She
asked Co-Chair Zulkosky if she's correct in her understanding.
CO-CHAIR ZULKOSKY responded yes, and that it's not only to avoid
being over prescription, but it has been a compact agreement and
working relationship that has spanned multiple administrations.
She said that the intention of keeping it broad is to make sure
there is latitude for incoming administrations while protecting
the work that's been done to date.
REPRESENTATIVE SPOHNHOLZ stated that the language of the bill is
elegant and would allow the compact to grow, particularly
regarding health care compacting.
4:54:09 PM
REPRESENTATIVE MCCARTY requested a review of "the contract
arrangements."
CO-CHAIR ZULKOSKY asked Ms. Hensley to review the difference
between contracting and compacting, and what agreements are in
place for compacting.
4:55:14 PM
MS. HENSLEY stated that the compact is available on the
Department of Health and Social Services website. She said it
was a momentous occasion when the 18 cosigners and the state
signed the compact. The compact is a government-to-government
agreement and leaves it up to the discretion of the tribal
organization to dictate the process that is most appropriate for
that tribal organization. She stated that the compact ensures
that services be provided in a culturally appropriate manner,
and in a way that will help the child feel loved and rooted in
who they are as an Alaska Native person, as well as help the
child grow into a healthy adult and contributing member of
society. She explained that a contract dictates the scope of
work. Compacts allow for the tribes to draw on their 10,000
years of history and allow the tribes to use that expertise to
provide the service to the kids. This is the reasoning behind
choosing a compact over a contract, she added.
MS. BORROMEO noted that the compact was jointly drafted in
partnership with the Attorney General's office, not a draft
agreement crafted exclusively by tribal attorneys and presented
to the state. She added that the state will never have the
access of the tribe and the tribes will never have the resources
had by the state. She emphasized that to make the compact
stronger it needs to be codified in statute.
[HB 184 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| 10 CSHB 133 Fiscal Note UA-SYSBRA 3.13.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 1 CSHB 133 ver I Sponsor Statement 4.8.2021.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| HB 133 Sponsor Presentation 3.30.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 2 CSHB0133 ver I.PDF |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 3 CSHB 133 Summary of Changes ver B to ver I 4.8.2021.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 4 Sectional Analysis CSHB 133 ver I 4.8.2021.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 5 HB0133 ver B.PDF |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 6 CSHB 133 Supporting Document - IRS ABLE Accounts Info 3.18.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 7 CSHB 133 Supporting Document - 10 Things You Should Know About ABLE 3.18.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 8 CSHB 133 Supporting Document - UA Press Release 3.18.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| 9 CSHB 133 Fiscal Note DHSS, 3.18.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 133 |
| HB 145 DCCED Letter 4.14.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 145 Fiscal Note - DCCED, 4.09.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB0145A.PDF |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 145, AK Pharmacists Assn. Fact Sheet.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 145, AK Pharmacists Assn. Talking Points.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 145, Sectional Analysis, Ver. A.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 145 LOS since 4.16.21.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 145, Sponsor Statement, Ver. A.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 106 Sectional Analysis 04.12.2021.pdf |
HHSS 4/22/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM |
HB 106 |
| HB 106 Sponsor Statement 04.12.2021.pdf |
HHSS 4/22/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM |
HB 106 |
| HB0106A.PDF |
HHSS 4/22/2021 3:00:00 PM |
HB 106 |
| HB 106 Additional Statistics 04.12.2021.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 106 |
| HB 106 DPS Fiscal Note 04.12.2021.pdf |
HHSS 4/22/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM |
HB 106 |
| HB 106 HSS Fiscal Note 04.12.2021.pdf |
HHSS 4/22/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM |
HB 106 |
| HB0184A.PDF |
HHSS 4/22/2021 3:00:00 PM HTRB 5/4/2021 8:00:00 AM |
HB 184 |
| HB 184 Sectional Analysis version A.pdf |
HHSS 4/22/2021 3:00:00 PM HTRB 5/4/2021 8:00:00 AM SHSS 3/31/2022 1:30:00 PM |
HB 184 |
| HB 184 Sponsor Statement version A.pdf |
HHSS 4/22/2021 3:00:00 PM HTRB 5/4/2021 8:00:00 AM SHSS 3/31/2022 1:30:00 PM |
HB 184 |
| HB 145 Amendments.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HHSS HB 106 DPS Presentation 04.22.2021.pdf |
HHSS 4/22/2021 3:00:00 PM HHSS 5/13/2021 3:00:00 PM |
HB 106 |
| FHP Letter of Support for HB 145_4.20.2121.pdf |
HHSS 4/22/2021 3:00:00 PM |
HB 145 |
| HB 184 Powerpoint 4-22-21.pdf |
HHSS 4/22/2021 3:00:00 PM HTRB 5/4/2021 8:00:00 AM |
HB 184 |
| HB 184 Powerpoint 4-22-21.pptx |
HHSS 4/22/2021 3:00:00 PM |
HB 184 |