Legislature(2015 - 2016)CAPITOL 106
03/29/2016 06:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB200 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 200 | TELECONFERENCED | |
HB 200-ADOPTION OF CHILD IN STATE CUSTODY
6:06:48 PM
CHAIR SEATON announced that the only order of business would be
HOUSE BILL NO. 200, "An Act establishing procedures related to a
petition for adoption of a child in state custody; adding a
definition of 'proxy for a formal petition'; amending Rule 6(a),
Alaska Adoption Rules; and providing for an effective date."
6:07:26 PM
ELIZABETH MEDICINE CROW, President/CEO, First Alaskans
Institute, shared that First Alaskans Institute was a state-wide
Alaska Native non-profit organization, and its vision was
"progress for the next 10,000 years," a recognition for how long
Alaska Natives have been here and intend to remain here. She
declared support for proposed HB 200, and shared insights
garnered by her organization from its involvement with
leadership development during the past 12 years. She listed the
various programs offered by the organization. She declared that
all Alaskan kids "do better when they are with their families
and in their home communities and when they are actually raised
and connected to their cultures." She shared that this was
consistently stated by those who worked hard to become young
leaders. She declared that "every single child is a leader."
When their potential was viewed, it was understood that it was
necessary to know who they were, and they had to be nurtured in
that environment, to support achievement of their highest
potential. She emphasized that placement while in state custody
was critical and essential to their well-being and the well-
being of their community, hence the strong support of the
proposed bill.
CHAIR SEATON asked if she was supportive of the process in the
proposed bill.
MS. MEDICINE CROW replied that she was supportive of the
proposed bill, as anything that could make it more practical,
easier, and efficient for people in rural Alaska to access [the
placement process] was helpful. She declared that this was
already a really hard situation and did not need to be more
complicated and more difficult.
REPRESENTATIVE TARR asked if there would be additional interest
from tribes to stepping up for adoptions if the process was made
easier.
MS. MEDICINE CROW offered her belief that this proposed bill
speaks to kids already in the state foster care system, whereas
for families trying to understand the best options for their
children, this bill would help delete some of the extra
bureaucratic steps that made guardianship and permanency more
complicated. She supported elimination of the duplication of
the court systems and allowing for the proxy statement to hold a
family preference for adoption. She declared that the tribes
would be supportive of anything to keep the kids in their
villages and families.
6:12:16 PM
MARY SATTLER, Lobbyist, Alaska Regional Coalition, shared that
the coalition was comprised of five regional non-profit
organizations, which collective represented 100 tribes. She
paraphrased from a prepared letter, which read:
This letter is to support House Bill 200/Senate Bill
112. We believe this bill will have positive and
lasting impacts for Alaska.
Numerous state and national policy already dictate
familial placements. This is based on research that
proves time and again a child's family is the best
placement option. State and federal statute mandate
family placements of foster children when possible.
For Native children, federal law takes this preference
mandate further by ensuring preference to a child's
tribe and other Native families when an immediate
family placement is not available.
House Bill 200/Senate Bill 112 removes barriers for
families who want to adopt those connected to them by
family or tribal membership by making the process more
realistic and understandable.
Well over 40 percent of Alaska Native children who are
adopted annually are adopted by non-Native, non-family
members. This is a concern because our children are
our greatest resource, and too often Native children
suffer in adulthood when they lose connection to their
Native culture. It is our hope that this bill will
increase the number of Alaska Native children to reach
permanency with their family, culture and traditions.
Congress enacted the Indian Child Welfare Act (ICWA)
in 1978 due to the alarming numbers of Indian children
being removed from their homes by state and private
welfare agencies and placed in non-Indian foster and
adoptive homes never to be returned to their families,
culture, or communities.
Alaska families who live in rural Alaska do not have
fair access to the courts as do urban Alaskans. This
bill seeks to eliminate complicated procedural
barriers in the adoption process for children in
custody so that Alaska families can be considered for
adoption through the Child in Need of Aid (CINA)
proceedings instead of through an entirely different
proceedings held in Probate Court. Families will be
able to assert their desire to adopt a child through
the Child in Need of Aid proceeding and would be
considered for adoption after the permanency goal
changes to adoption.
Please take into consideration, that while this bill
will help Alaska Native foster children, it will also
help the 40 percent of the non-Native children in the
system who also deserve to be placed with family.
Thank you for supporting keeping Alaskan's children
with their families and in their own home communities.
MS. SATTLER stated that the outcome of the proposed bill was for
more than Alaska Native children, as it allowed any children to
live with people from their own community, which she declared to
be "a universal positive." She addressed the concern for a
child with two ethnicities, and offered her belief that social
workers needed to look at the best interest of the child,
regardless of ethnicity.
6:17:03 PM
MELANIE BAHNKE, President, Kawerak, Inc., reported that Kawerak,
Inc. was a regional tribal consortia in the Bering Strait region
with 20 federally recognized tribes in the region. She listed
many of the services that they provided. She declared strong
support of HB 200. She listed the three main reasons of
support: it removed the barriers which currently prevented
Alaska Native families and individuals from adopting native
children in state custody by defining proxy in lieu of a formal
petition for adoption as required by the U.S. Supreme Court; it
tied adoption proceedings with the Child in Need of Aid (CINA)
proceedings, and would consolidate the two proceedings into one
court matter; and, it furthered the states compliance with the
Indian Child Welfare Act (ICWA). She reported that Alaska
Natives were 20 - 25 percent of the state population, yet 60
percent of the children in foster care system were Alaska
Native. She pointed out that there had been a complete re-
vamping of judicial systems, social service systems, and
educational systems with an attempt to reduce negative
statistics and improve outcomes, and the elimination of barriers
for Alaska Native adoption was a step in the right direction.
She declared that the proposed bill was good for children, good
for Alaska Natives, and good for Alaska.
6:19:51 PM
JERRY ISAAC, Co-Chair, Alaska Federation of Natives, stated the
federation's support of HB 200, it removed the barriers which
currently prevented Alaska Native families and individuals from
adopting native children in state custody by defining proxy in
lieu of a formal petition for adoption as required by the U.S.
Supreme Court; it tied adoption proceedings with the Child in
Need of Aid (CINA) proceedings, and would consolidate the two
proceedings into one court matter; and it furthered the states
compliance with the Indian Child Welfare Act (ICWA). He shared
an anecdote of an adoption in his extended family, and the
difficulties and suffering that resulted.
6:24:14 PM
NICOLE BORROMEO, General Counsel, Alaska Federation of Natives
(AFN), stated support by AFN of the proposed bill, and reported
that they were active in its drafting and the underlying legal
cases. She stated that this was a good bill, and that it was
good for Alaskans, while it furthered compliance with ICWA.
6:25:12 PM
TRACI MCGARRY, Program Director, Children & Family Services,
Child Advocacy Center, Kawerak, Inc., shared that Kawerak worked
with 16 tribes in the Bering Strait region. She expressed
agreement with earlier testimony for the combination of adoption
and legal guardianship proceedings with CINA to allow for "one
judge, one family." She stated her support for the bill to
expedite the process to allow children to be with their families
in their communities. She declared her support of the proposed
bill, pointing out that it was in support of ICWA.
6:27:12 PM
AMANDA MCADOO, ICWA Coordinator, Aleutian Pribilof Islands
Association, Inc., paraphrased from a letter previously sent to
the committee [included in members' packets], which read as
follows [original punctuation provided]:
This letter is to support House Bill 200/Senate Bill
112. The Aleutian Pribilof Islands Association, Inc.
and its thirteen (13) board members strongly believe
this bill will have a positive and lasting impact for
Alaska Native children and their families. The Bill
efficiently removes barriers for Alaska Native
families who strongly desire to adopt those connected
to them by family or tribal membership by making the
process more realistic and culturally relevant.
Well over 40 percent of Alaska Native children who are
adopted annually are adopted by non-Native, non-family
members. It is the APIA's hope that this bill will
increase the number of Alaska Native children to reach
permanency with their family, culture and traditions.
As you know, the U.S. congress enacted the Indian
Child Welfare Act (ICWA) in 1978 due to the disturbing
numbers of Indian children being removed from their
homes by state and private welfare agencies and placed
in non-Indian foster and adoptive homes never to be
returned to their families, culture, or communities.
This had a devastating effect on Native families and
ICWA has been key to reverse the traumatic effects of
removal.
In addition, Alaska Native families who live in rural
Alaska may not speak English fluently or they may have
difficulties obtaining legal counsel. Bill 112 seeks
to eliminate complicated procedural barriers in the
adoption process for children in custody so that
Alaska Native families can be considered for adoption
through the Child in Need of Aid (CINA) proceedings
instead of through an entirely different and
convoluted proceeding held in Probate Court. With
Bill 112 in place, Alaska Native families will be able
to assert their desire to adopt a child through the
Child in Need of Aid proceeding and would be
considered for adoption after the permanency goal
changes to adoption. The Aleutian Pribilof Islands
Association (APIA) strongly supports this action.
Committee members, on behalf of the 13 board members
and 13 Tribes APIA represents, I urge you to support
Senate Bill 112 by keeping Alaska Native children with
their families and in their own home communities
connected to their culture. Our future depends on it.
6:30:15 PM
DONALD SHIRCEL, Program Administrator, Tanana Chiefs Conference,
stated his strong support of HB 200. He shared his background
work with the Office of Children's Services, and stated his
recognition of "the practical implications and significant
contribution that this bill could have toward improving the
Child Protection Services currently being offered by the state."
He offered his belief that the proposed bill "would make
possible a common sense approach that could easily fix a
problem, potentially save some time, effort, and money by
avoiding duplication and effort by consolidating and
streamlining processes, and most importantly, provide more
children who have been traumatized by abuse, a safe, healthy,
nurturing, and permanent home that is fully connected to their
family, community, and culture." He declared that the proposed
bill could significantly help compliance with the spirit,
intent, and letter of the law with ICWA, and it made sense for
all Alaska's kids and families.
6:32:13 PM
The committee took an at-ease from 6:32 p.m. to 6:48 p.m.
6:48:23 PM
CHAIR SEATON brought the committee back to order. He stated
that written testimony would continue to be accepted.
Public testimony was closed after ascertaining no one further
wished to testify.
[HB 200 was held over.]