04/17/2000 06:21 PM Senate FIN

COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 259(JUD)                                                                                
"An Act relating to a parent's eligibility to be                                                                                
represented by the public defender before and during                                                                            
the probable cause and temporary placement hearing                                                                              
that is held after the state takes emergency custody                                                                            
of a child."                                                                                                                    
                                                                                                                                
                                                                                                                                
This was the first hearing for this bill in the Senate                                                                          
Finance Committee.                                                                                                              
                                                                                                                                
REPRESENTATIVE JOHN COGHILL JR. shared that this                                                                                
legislation is borne out of a meeting held in Fairbanks                                                                         
with agency representatives and the Interior legislative                                                                        
delegation. He expressed that the need to have good                                                                             
information available to parents who find themselves in a                                                                       
situation where their children have been taken into                                                                             
protective custody and are facing a 48-hour hearing to                                                                          
determine temporary placement. He stated that this bill                                                                         
would give the Public Defender's Agency (PDA) the ability                                                                       
to represent these parents or to declare a conflict of                                                                          
interest if also representing another parent who may have                                                                       
been accused as the abuser in the same case.                                                                                    
                                                                                                                                
Representative Coghill continued the bill also provides for                                                                     
those parents to reimburse the PDA for services performed                                                                       
if indigence is not determined.                                                                                                 
                                                                                                                                
Representative Coghill shared that the PDA is already                                                                           
providing this service and that this legislation would put                                                                      
the practice into statute. He therefore did not anticipate                                                                      
an increased workload for the agency and noted the                                                                              
subsequent zero fiscal note.                                                                                                    
                                                                                                                                
Co-Chair Torgerson commented that he had heard the bill in                                                                      
the Senate Judiciary Committee and had his questions                                                                            
concerning this legislation answered at that time.                                                                              
                                                                                                                                
Senator Donley offered a motion to move CS HB 259 (JUD)                                                                         
from Committee with zero fiscal note from the Department of                                                                     
Administration, Public Defender's Agency.                                                                                       
                                                                                                                                
There was no objection and the bill MOVED from Committee.