05/12/2002 09:06 PM Senate FIN

                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 252(JUD)                                                                               
     "An  Act  relating  to the  construction  of  certain  statutes                                                            
     relating  to  children;  relating  to  the scope  of  duty  and                                                            
     standard  of care for persons  who provide services  to certain                                                            
     children and families;  relating to civil liability for damages                                                            
     to certain  children and their families resulting  from failure                                                            
     to comply  with certain statutes; relating to  intensive family                                                            
     preservation  services; and providing  for an effective  date."                                                            
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHN COGHILL,  sponsor, testified  this legislation                                                             
would accomplish  four goals. He listed: 1)"sets the  primacy of the                                                            
family in the discussion  when it comes to children in need of aid,"                                                            
referencing the  intent language of the bill as reflecting  this; 2)                                                            
establishes     "intensive    family     preservation     services";                                                            
3)"establishes  a civil liability issue with regard  to the Children                                                            
in Need of  Aid law, Title 47"; and  4) orders a study to  learn the                                                            
need for these  intensive family preservation services.  He spoke to                                                            
the $80,000 fiscal note,  which he informed would cover expenses for                                                            
additional  staffing to oversee  the intensive  family services  and                                                            
the study.                                                                                                                      
                                                                                                                                
Representative  Coghill  pointed out  language contained  on page  5                                                            
following  line 2  of  the Senate  Judiciary  committee substitute,                                                             
which he stated should have been amended.                                                                                       
                                                                                                                                
     Sec. 7.  AS 47.10.960 is amended to read:                                                                                  
                Sec. 47.10.960.  Civil liability [DUTY AND STANDARD                                                           
          OF  CARE  NOT CREATED].    Failure  by the  department  to                                                          
          comply  with a provision of [NOTHING IN] this chapter does                                                        
          not,  by itself,  constitute a basis  for civil  liability                                                          
          for  damages [TITLE CREATES A DUTY OR STANDARD OF CARE FOR                                                          
          SERVICES]  to  children and  their families  being  served                                                            
          under this chapter [AS 47.10].                                                                                        
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
Senator Leman moved to  adopt SCS CS HB 252 (FIN), 22-LS0454\I, as a                                                            
working draft.                                                                                                                  
                                                                                                                                
Representative  Coghill detailed  the committee  substitute  changes                                                            
the language in Section 7 to read as follows.                                                                                   
                                                                                                                                
     Sec. 7.  AS 47.10.960 is amended to read:                                                                                  
                Sec. 47.10.960.  Civil liability [DUTY AND STANDARD                                                           
          OF CARE  NOT CREATED].  Failure to comply with a provision                                                          
          of  [NOTHING   IN]  this  chapter  does  not,  by  itself,                                                        
          constitute  a basis for civil liability for damages [TITLE                                                          
          CREATES  A  DUTY  OR STANDARD  OF  CARE FOR  SERVICES]  to                                                            
          children  and  their  families  being  served  under  this                                                            
          chapter [AS 47.10].                                                                                                   
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
                                                                                                                                
Representative  Coghill explained  this matter has been contentious                                                             
and the current language  is the recommendation of the Department of                                                            
Law and the Legislative  Division of Legal and Research Services. He                                                            
noted this  language clarifies the  party responsible for  a failure                                                            
to  comply  with this  statute  and  stipulates  that  this  section                                                            
applies only to this chapter of law.                                                                                            
                                                                                                                                
Senator Green  "moved Senate CS for CS for House Bill  252 Version I                                                            
with individual recommendations and accompanying fiscal note."                                                                  
                                                                                                                                
Without  objection SCS  CS HB 252  (FIN) MOVED  from Committee  with                                                            
zero fiscal  note #2 from the Department  of Law and $80,000  fiscal                                                            
note #1 from the Department of Health and Social Services.