02/28/2008 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic | 
|---|---|
| Start | |
| HB50 | |
| HB354 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 354 | TELECONFERENCED | |
| *+ | HB 304 | TELECONFERENCED | |
| += | HB 50 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                       February 28, 2008                                                                                        
                           3:05 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Bob Roses, Vice Chair                                                                                            
Representative Anna Fairclough                                                                                                  
Representative Wes Keller                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 50                                                                                                               
"An Act relating  to the Interstate Compact for  the Placement of                                                               
Children;   establishing  an   interstate   commission  for   the                                                               
placement of children;  amending Rules 4 and 24,  Alaska Rules of                                                               
Civil Procedure; and providing for an effective date."                                                                          
                                                                                                                                
     -MOVED CSHB 50(HES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 354                                                                                                              
"An  Act  relating  to  subsidies   for  a  hard-to-place  child;                                                               
relating  to  criminal  sanctions   for  unlawful  disclosure  of                                                               
confidential  information  pertaining  to a  child;  relating  to                                                               
child  support  orders  in child-in-need-of-aid  and  delinquency                                                               
proceedings; and providing for an effective date."                                                                              
                                                                                                                                
     -MOVED CSHB 354(HES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 304                                                                                                              
"An Act establishing a cancer  drug repository for redistribution                                                               
to  recipients of  medical assistance  within  the Department  of                                                               
Health  and  Social  Services;   and  authorizing  the  Board  of                                                               
Pharmacy  to set  standards for  the cancer  drug repository  and                                                               
redistribution program."                                                                                                        
                                                                                                                                
     - BILL HEARING POSTPONED                                                                                                   
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  50                                                                                                                  
SHORT TITLE: CHILD PLACEMENT COMPACT                                                                                            
SPONSOR(s): REPRESENTATIVE(s) COGHILL, NEUMAN, WILSON                                                                           
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       HES, JUD                                                                                               
02/21/08       (H)       HES AT 3:30 PM CAPITOL 106                                                                             
02/21/08       (H)       Heard & Held                                                                                           
02/21/08       (H)       MINUTE(HES)                                                                                            
02/28/08       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 354                                                                                                                  
SHORT TITLE: HARD-TO-PLACE CHILD SUBSIDY/CHILD SUPPORT                                                                          
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
02/06/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/08       (H)       HES, JUD, FIN                                                                                          
02/28/08       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Representative John Coghill                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearings on                                                                
HB 50 and HB 354.                                                                                                               
                                                                                                                                
MARCIA PICKERING, Social Services Program Coordinator                                                                           
Office of Children's Services (OCS)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB
50.                                                                                                                             
                                                                                                                                
JAN RUTHERDALE, Senior Assistant Attorney General                                                                               
Child Protection Section                                                                                                        
Civil Division                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB
354.                                                                                                                            
                                                                                                                                
MIKE LESMANN, Community Relations Manager;  Legislative Liaison                                                                 
Office of Children's Services                                                                                                   
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered a  question during the  hearing on                                                             
HB 354.                                                                                                                         
                                                                                                                                
CHAD HUTCHINSON, Family Law Attorney                                                                                            
Cook Schuhmann & Groseclose, Inc.                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 354.                                                                          
                                                                                                                                
CRAIG PARTYKA, Family Law Attorney                                                                                              
Cook Schuhmann & Groseclose, Inc.                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 354.                                                                  
                                                                                                                                
SUSAN COX, Senior Assistant Attorney General                                                                                    
Torts and Workers' Compensation Section                                                                                         
Civil Division                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
354.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing   Committee  meeting  to  order   3:05:48  PM.                                                             
Representatives Gardner,  Roses, Seaton, Keller,  Fairclough, and                                                               
Wilson were present at the  call to order.  Representative Cissna                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB  50-CHILD PLACEMENT COMPACT                                                                                                
                                                                                                                                
3:06:35 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE BILL  NO. 50,  "An Act relating  to the  Interstate Compact                                                               
for  the  Placement  of   Children;  establishing  an  interstate                                                               
commission for  the placement of  children; amending Rules  4 and                                                               
24,  Alaska  Rules  of  Civil Procedure;  and  providing  for  an                                                               
effective date."  [Before the  committee was CSHB 50, Version 25-                                                               
LS0265\E, Mischel, 2/19/08.]                                                                                                    
                                                                                                                                
3:07:11 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Representative  John  Coghill,  Alaska                                                               
State Legislature, speaking on  behalf of Representative Coghill,                                                               
one  of the  joint prime  sponsors, stated  that HB  50 has  been                                                               
previously  introduced to  the committee  and  offered to  answer                                                               
questions.    In  answer  to   a  question,  she  said  that  the                                                               
Interstate Compact for  the Placement of Children  (ICPC) must be                                                               
approved by 35 states to go into effect.                                                                                        
                                                                                                                                
3:08:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked  whether the  committee  substitute                                                               
(CS) incorporates all of the amendments.                                                                                        
                                                                                                                                
CHAIR WILSON said yes.                                                                                                          
                                                                                                                                
3:08:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether the  objections raised  by                                                               
the  attorney general  applied  to the  original  version of  the                                                               
bill.                                                                                                                           
                                                                                                                                
MS. MOSS indicated  yes.  She stated that the  version before the                                                               
committee is  CSHB 50 [Version  E] and accompanying  fiscal note.                                                               
She explained that the original fiscal  note was for FY 09 and FY                                                               
10, however, allowing time for  the ratification by other states,                                                               
the fiscal impact is not expected for two years.                                                                                
                                                                                                                                
3:10:05 PM                                                                                                                    
                                                                                                                                
MARCIA   PICKERING,   Office   of  Children's   Services   (OCS),                                                               
Department of  Health and Social Services  (DHSS), estimated that                                                               
ratification will  take two  years.  Within  the next  12 months,                                                               
the  interstate commission  will review  rules, by-laws,  and the                                                               
dues structure  for each state.   In fact, it may  be three years                                                               
before costs to the state are known.                                                                                            
                                                                                                                                
3:10:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked  whether  Alaska  sends  out  more                                                               
children than are sent to Alaska.                                                                                               
                                                                                                                                
MS. PICKERING said yes.  Alaska  sends out twice as many children                                                               
as it receives.                                                                                                                 
                                                                                                                                
3:11:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER   further   asked  about   the   state's                                                               
continuing responsibility for a child placed out-of state.                                                                      
                                                                                                                                
MS. PICKERING  responded that  after placement,  Alaska maintains                                                               
jurisdiction until  the child is  18 years old, is  adopted, goes                                                               
into a guardianship, or is returned to a parent.                                                                                
                                                                                                                                
3:11:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether a  day-to-day manager,  in                                                               
the state that receives the child, is paid by Alaska.                                                                           
                                                                                                                                
MS.  PICKERING  explained  that   the  receiving  state  provides                                                               
supervision  services,  such  as   home  visits  and  supervision                                                               
reports;   however,  Alaska   retains  primary   case  management                                                               
responsibilities.                                                                                                               
                                                                                                                                
3:12:58 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed testimony.                                                                                                  
                                                                                                                                
3:13:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  report  CSHB  50, Version  25-                                                               
LS0265\E,  Mischel, 2/19/08,  out  of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,  CSHB  50(HES),  was reported  out  of  the  House                                                               
Health, Education and Social Services Standing Committee.                                                                       
                                                                                                                                
3:13:34 PM                                                                                                                    
                                                                                                                                
HB 354-HARD-TO-PLACE CHILD SUBSIDY/CHILD SUPPORT                                                                              
                                                                                                                                
3:14:03 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON   announced that  the final order of  business would                                                               
be HOUSE BILL NO. 354, "An  Act relating to subsidies for a hard-                                                               
to-place  child;  relating  to criminal  sanctions  for  unlawful                                                               
disclosure  of confidential  information pertaining  to a  child;                                                               
relating  to child  support  orders  in child-in-need-of-aid  and                                                               
delinquency proceedings; and providing for an effective date."                                                                  
                                                                                                                                
3:14:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved  to  adopt  HB  354,  Version  25-                                                               
LS1414\C, Mischel, 2/25/08, as the  working document.  Hearing no                                                               
objection, Version C was before the committee.                                                                                  
                                                                                                                                
3:14:33 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  Staff  to Representative  John  Coghill,  Alaska                                                               
State  Legislature,  speaking on  behalf  of  the prime  sponsor,                                                               
Representative Coghill, informed the  committee that the need for                                                               
HB 354 was  brought to Representative Coghill's  attention by the                                                               
Office  of Children's  Services (OCS),  Department of  Health and                                                               
Social  Services  (DHSS), to  address  three  issues of  concern.                                                               
First, she spoke of the issue  of child support orders for minors                                                               
in  the custody  of OCS  and  the Division  of Juvenile  Justice.                                                               
Under existing child  support law, parents can  get child support                                                               
order changes  on custody  without going  to court;  however, OCS                                                               
has to go  to court to get  changes.  This law will  allow OCS to                                                               
get orders  changed by  administrative order for  a child  in its                                                               
custody.    Also,  the  wording in  existing  state  statute  [AS                                                               
25.23.210], needs to  be changed to allow  situations where there                                                               
is no  need for  a subsidy  for a  hard-to-place child.   Another                                                               
result of the changes in Version  C is that persons over 18 years                                                               
of age could  be adopted without the consent of  his or her birth                                                               
parents.  Lastly,  Ms. Moss presented an  amendment that concerns                                                               
possible  civil liability  on  the  part of  OCS  if  a child  is                                                               
injured or dies  while in its custody.  In  answer to a question,                                                               
she clarified that  the state is not exempt  from civil liability                                                               
if a child dies or is injured due  to negligence on the part of a                                                               
state worker.                                                                                                                   
                                                                                                                                
3:18:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  referred to  page 3, line  14 and  15, and                                                               
asked for  clarification of  a subsidy that  "may not  exceed the                                                               
existing rate for foster care."                                                                                                 
                                                                                                                                
MS. MOSS explained  that this provision allows for  the amount of                                                               
the  subsidy  to be  determined  by  the  DHSS, rather  than  the                                                               
commissioner.  In addition, it allows  DHSS to say that a subsidy                                                               
is not always required for a hard-to-place child.                                                                               
                                                                                                                                
3:19:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON further asked  whether the subsidy rate for                                                               
a hard-to-place child is no more than that for a foster child.                                                                  
                                                                                                                                
MS. MOSS  stated that  there are other  costs, beyond  the foster                                                               
care rate, such  as counseling and medical expenses.   The foster                                                               
care subsidy referred to in the  bill is just for room and board;                                                               
other subsidies are determined on a case-by-case basis.                                                                         
                                                                                                                                
3:20:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  for  further  clarification of  the                                                               
"base foster care rate."                                                                                                        
                                                                                                                                
3:21:26 PM                                                                                                                    
                                                                                                                                
JAN   RUTHERDALE,  Senior   Assistant  Attorney   General,  Child                                                               
Protection Section,  Civil Division, Department of  Law, informed                                                               
the committee that  this change came from  the federal government                                                               
and  was  inspired by  the  plight  of  foster parents  who  were                                                               
reluctant  to adopt  foster  children,  due to  the  loss of  the                                                               
federal subsidy.   The  limitation is  that, after  the adoption,                                                               
foster parents can not receive  more money than before.  However,                                                               
if the adoptive  child has special needs,  those special services                                                               
will  be paid.    Ms. Rutherdale  opined  that all  hard-to-place                                                               
children qualify  for Medicaid and  support for  special services                                                               
above and beyond  Medicaid will be decided by this  subsidy.  She                                                               
further explained that the subsidy  is fluid and can be increased                                                               
if more  services are needed at  a later date.   Furthermore, the                                                               
total amount of  the subsidy can not be  lowered without consent,                                                               
but  more  can be  requested.    With  respect  to HB  354,  this                                                               
provision is a  clean-up action because the DHSS  has a provision                                                               
in regulations  to apply  to newborns whose  problems may  not be                                                               
apparent until later in life.                                                                                                   
                                                                                                                                
3:26:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES expressed his  understanding that the amount                                                               
and length of time of a  subsidy can not exceed the existing rate                                                               
for foster care.                                                                                                                
                                                                                                                                
MS. RUTHERDALE  agreed.  She  added that  the subsidy can  be set                                                               
from zero dollars to the existing rate for foster care.                                                                         
                                                                                                                                
3:26:55 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked whether this  provision is automatic for every                                                               
adoption.                                                                                                                       
                                                                                                                                
MS.  RUTHERDALE pointed  out that  there is  a lot  of regulation                                                               
that determines whether a child  qualifies for a deferred subsidy                                                               
or a  subsidy at the point  of adoption; for example,  one of the                                                               
criteria of federal regulation is  that Native children are hard-                                                               
to-place, thus  a Native child  may qualify on that  basis alone.                                                               
In addition,  siblings are identified  as hard-to-place,  and may                                                               
qualify for  a subsidy.   Nevertheless, to  receive funds  from a                                                               
subsidy  from  newborn  to  age  three years,  at  the  point  of                                                               
adoption, there must  be evidence of special needs  at that time.                                                               
If there  is no evidence  of special needs, the  deferred subsidy                                                               
applies,  and  the situation  can  be  re-negotiated after  three                                                               
years.   Ms. Rutherdale  stressed that  the original  statute did                                                               
not  allow for  the zero  dollar  amount, and  thereby created  a                                                               
conflict with the federal regulations.                                                                                          
                                                                                                                                
3:29:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER observed that  there may be foster parents                                                               
who are  interested in adopting  a child with special  needs, but                                                               
who may  not be able  to afford to  be fully responsible  for the                                                               
unknown expenses of that child.                                                                                                 
                                                                                                                                
3:30:32 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON asked  whether adoptive  parents would  qualify for                                                               
help with court costs.                                                                                                          
                                                                                                                                
MS. RUTHERDALE indicated that she did not know.                                                                                 
                                                                                                                                
3:31:09 PM                                                                                                                    
                                                                                                                                
MIKE LESMANN, Community Relations  Manager;  Legislative Liaison,                                                               
Office of  Children's Services, Department  of Health  and Social                                                               
Services, asked for the question to be repeated.                                                                                
                                                                                                                                
3:31:34 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked whether  this  provision  would address  the                                                               
costs of  special services  that become needed  after a  child is                                                               
adopted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GARDNER suggested that  Chair Wilson was referring                                                               
to a deferred subsidy.                                                                                                          
                                                                                                                                
3:32:34 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON than  asked what happens in a  normal situation with                                                               
a hard-to-place child.                                                                                                          
                                                                                                                                
MR. LESMANN  stated that he did  not know of a  normal situation;                                                               
however, factors  to be considered are  the age of the  child and                                                               
the  child's special  needs that  are already  on the  record and                                                               
known to the foster parent,  the prospective adoptive parent, and                                                               
the  case  worker.    Regarding the  potential  liability  of  an                                                               
adoptive parent, he said that  he will provide the committee with                                                               
further information at a later date.                                                                                            
                                                                                                                                
3:33:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  surmised that this  bill is an  attempt to                                                               
move hard-to-place  children into  adoptive home and  protect the                                                               
adoptive parents  from unknown liabilities that  might occur from                                                               
the child's situation.                                                                                                          
                                                                                                                                
3:34:44 PM                                                                                                                    
                                                                                                                                
MS. RUTHERDALE stated  that the bill does not go  that far; it is                                                               
strictly a  change from  the words  "some monthly  amount," which                                                               
implies at least one dollar, to  wording that gives the state the                                                               
authority to  set the subsidy  at a  "zero amount" for  the first                                                               
three years.   She pointed  out that  the bill also  includes the                                                               
child  support enforcement  action change  to formalize  what the                                                               
DHSS has been doing by regulation.                                                                                              
                                                                                                                                
3:36:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked for more information  regarding the                                                               
change in child support.                                                                                                        
                                                                                                                                
3:36:50 PM                                                                                                                    
                                                                                                                                
There  followed a  brief  review of  the  first change  described                                                               
under the bill.                                                                                                                 
                                                                                                                                
3:37:28 PM                                                                                                                    
                                                                                                                                
CHAD   HUTCHINSON,  Family   Law  Attorney,   Cook  Schuhmann   &                                                               
Groseclose, Inc.,  stated his support  for CSHB 354  [Version C].                                                               
In response  to a question,  Mr. Hutchinson related the  story of                                                               
an  adoption  that  was  complicated by  the  existing  law  that                                                               
requires an  18-year-old to  get approval  for his  adoption from                                                               
his long  absent biological  father.   Mr. Hutchinson's  law firm                                                               
requested  the   change  to  AS  25.23.050   that  withdraws  the                                                               
requirement  of notice  to a  biological parent  that abandons  a                                                               
child, and the change to AS  25.23.100 that establishes 18 as the                                                               
age of consent for adoption.                                                                                                    
                                                                                                                                
3:42:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  for  the outcome  of the  adoption                                                               
case.                                                                                                                           
                                                                                                                                
MR.  HUTCHINSON indicated  that the  outcome is  unknown at  this                                                               
time.                                                                                                                           
                                                                                                                                
3:43:02 PM                                                                                                                    
                                                                                                                                
CRAIG PARTYKA, Family Law Attorney,  Cook Schuhmann & Groseclose,                                                               
Inc., expressed  his agreement with  the proposed  changes except                                                               
for  his   concern  that  an   absent  parent's  action   can  be                                                               
misrepresented by false testimony from the plaintiff.                                                                           
                                                                                                                                
3:47:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether,  after false claims  of no                                                               
contact were made  and an adoption was  completed, the revelation                                                               
of the truth would overturn the adoption.                                                                                       
                                                                                                                                
MR. PARTYKA stated that civil rule  allows one year to overturn a                                                               
judgment for fraud.   He encouraged the  House Judiciary Standing                                                               
Committee to examine this question.                                                                                             
                                                                                                                                
3:49:10 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON noted  the possibility  that the  biological father                                                               
attempted contact, but was unable to locate the child.                                                                          
                                                                                                                                
3:49:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER agreed.  On  the other hand, the rights of                                                               
the child versus the rights of the parent must be balanced.                                                                     
                                                                                                                                
3:49:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked whether  notification is required for                                                               
the adoption of a 30-year-old person.                                                                                           
                                                                                                                                
MR. PARTYKA opined that no parental notice would be required.                                                                   
                                                                                                                                
MS.  MOSS  confirmed that  notification  is  not required  for  a                                                               
person 19 years of age and older.                                                                                               
                                                                                                                                
3:51:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  stated that  the age  of adulthood  in the                                                               
state  is 18;  therefore,  he recommended  that  the language  be                                                               
changed to "the age of adulthood."                                                                                              
                                                                                                                                
3:53:09 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed testimony.                                                                                                  
                                                                                                                                
3:53:14 PM                                                                                                                    
                                                                                                                                
SUSAN COX, Senior Assistant Attorney  General, Torts and Workers'                                                               
Compensation   Section,  Civil   Division,  Department   of  Law,                                                               
informed  the  committee that  the  amendment  is in  the  proper                                                               
format and  was taken from  a proposal drafted by  the Department                                                               
of Law (DOL) for Representative Gara.   The amendment would add a                                                               
subsection (b)  to existing statute AS  47.10.960, thereby making                                                               
changes  in Sec.  7  and Sec.  8.   She  further  noted that  the                                                               
language will  not be  changed in AS  47.10.960; however,  Sec. 8                                                               
will be  deleted and replaced  by the handwritten  amendment that                                                               
read:                                                                                                                           
                                                                                                                                
     (b)  Nothing  in this  section  shall  be construed  to                                                                    
     prohibit a  civil action for  common law  negligence or                                                                    
     an action under  AS 09.55.580 on behalf of  a child who                                                                    
     is injured or dies while in the custody of the state.                                                                      
                                                                                                                                
MS. COX  continued to explain  that existing law does  not intend                                                               
to prevent the action of filing  a lawsuit, on behalf of a child,                                                               
if that  child was  hurt or  died while in  state custody.   This                                                               
amendment would  add subsection  (b) to  the existing  statute to                                                               
clarify the law.                                                                                                                
                                                                                                                                
3:56:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES moved to adopt Amendment 1, which read:                                                                    
                                                                                                                                
     Page 4, lines 17-19;                                                                                                       
          Delete all material                                                                                                   
          Insert:                                                                                                               
          (b) Nothing in this section shall be construed to                                                                     
     prohibit a  civil action for  common law  negligence or                                                                    
     an action under  AS 09.55.580 on behalf of  a child who                                                                    
     is injured or dies while in the custody of the state.                                                                      
                                                                                                                                
3:56:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  objected.     He   then  asked   for  an                                                               
explanation of the restriction that  is in the amendment, but not                                                               
in Version C, that says a lawsuit  can be brought "on behalf of a                                                               
child."                                                                                                                         
                                                                                                                                
3:57:09 PM                                                                                                                    
                                                                                                                                
MS. COX remarked:                                                                                                               
                                                                                                                                
     What you  see in  the committee substitute,  work draft                                                                    
     C, Sec.  7 and  8, you have,  the existing  language is                                                                    
     47.10.960,  the purpose  of that,  what is  in existing                                                                    
     law,  is to  say that  the statutes  in title  47 don't                                                                    
     create a new basis  for liability, an independent basis                                                                    
     for liability, and  that's what we would refer  to as a                                                                    
     duty.  They  don't create a tort duty that  you can use                                                                    
     as a basis for a lawsuit.   And what you've got in Sec.                                                                    
     8  is a,  something that  is supposed  to modify  that,                                                                    
     that  says the  state is  not immune.   The  concept of                                                                    
     whether  there is  a  basis for  suing  or whether  the                                                                    
     state  is  immune, are  actually  not  the same  thing.                                                                    
     They  are  two  different  doctrines  and  so  we  have                                                                    
     reworded this  in the amendment  that is before  you to                                                                    
     be legally  more accurate and more  consistent with the                                                                    
     intent of  Representative Gara, which  is say,  what we                                                                    
     have  in  statute  is   an  accurate  statement  still,                                                                    
     failure to comply  with something in title  47 does not                                                                    
     itself create a  basis for liability, but,  (b) you can                                                                    
     still  file a  negligence  action or  a wrongful  death                                                                    
     action, that  is the reference  to 955.580, if  a child                                                                    
     in state  custody is injured  or dies.   So it  is just                                                                    
     legally  a  more accurate  and  less  confusing way  to                                                                    
     state   what   Representative   Gara  was   trying   to                                                                    
     accomplish.                                                                                                                
                                                                                                                                
3:58:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  then asked  whether anybody can  sue based                                                               
on the death of a child.                                                                                                        
                                                                                                                                
MS. COX stated  that, in the case  of the death of a  child or an                                                               
adult, a  personal representative would  have to file  a wrongful                                                               
death  action  against the  state.    Normally, the  court  would                                                               
appoint  the personal  representative, who  is often  a relative.                                                               
She  opined that  the original  purpose  of the  language of  the                                                               
amendment was to  simply permit lawsuits when a child  dies or is                                                               
injured in state custody.                                                                                                       
                                                                                                                                
4:00:17 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  re-stated that in  Version C, lines 17  through 19,                                                               
the  language  would  be  changed  to  that  of  the  handwritten                                                               
amendment.                                                                                                                      
                                                                                                                                
4:00:41 PM                                                                                                                    
                                                                                                                                
MS.  COX clarified  that the  handwritten amendment  would delete                                                               
what  is in  Section 7.   Essentially,  this would  "replace what                                                               
[Ms. Moss] has  given you as a new (b)  for 47.10.960, and delete                                                               
what's in the bill as Section 7 and Section 8."                                                                                 
                                                                                                                                
4:01:02 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON said that her question was not answered.                                                                           
                                                                                                                                
4:01:12 PM                                                                                                                    
                                                                                                                                
MS. MOSS stated that the language  in AS 47.10.960, before it was                                                               
amended in  2005, stated  that the  DHSS did not  have a  duty or                                                               
standard of care for children in  state custody.  House Bill 375,                                                               
which  was   passed  in   1998,  adopted   all  of   the  federal                                                               
requirements in order  to qualify for federal  funding of certain                                                               
programs.   Ms.  Moss explained  that the  state, as  a sovereign                                                               
entity, has  immunity; however, this  legislation was  an attempt                                                               
to  hold the  state accountable  for children  in state  custody,                                                               
without relinquishing sovereignty.                                                                                              
                                                                                                                                
4:02:40 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  gave an example  of a child  in foster care  with a                                                               
broken leg.                                                                                                                     
                                                                                                                                
MS. MOSS pointed  out that there must be an  act of negligence on                                                               
the part of the foster parent.                                                                                                  
                                                                                                                                
4:03:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES clarified that Amendment 1 is conceptual.                                                                  
                                                                                                                                
4:03:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  opined further on  an action of  a foster                                                               
parent that causes injury to a child.                                                                                           
                                                                                                                                
4:04:12 PM                                                                                                                    
                                                                                                                                
MS.  MOSS agreed  that it  must be  an intentional  act that  the                                                               
person knew would cause injury or death.                                                                                        
                                                                                                                                
4:04:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  whether  immunity   for  criminal                                                               
liability is included.                                                                                                          
                                                                                                                                
MS.  COX  stated that  the  bill  does  not  affect any  type  of                                                               
criminal  responsibility; in  fact, the  amendment does  not deal                                                               
with immunity.                                                                                                                  
                                                                                                                                
4:05:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON removed his objection.                                                                                    
                                                                                                                                
4:05:21 PM                                                                                                                    
                                                                                                                                
Hearing  no   further  objection,  Conceptual  Amendment   1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
4:05:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved to  report  CSHB  354, Version  25-                                                               
LS1414\C,  Mischel, 2/25/08,  as amended,  out of  committee with                                                               
individual recommendations and zero fiscal note.                                                                                
                                                                                                                                
MS.  MOSS  recommended  that  the  motion  include  "accompanying                                                               
fiscal note," as there are fiscal impacts after 2010.                                                                           
                                                                                                                                
The committee took an at-ease from 4:06 p.m. to 4:07 p.m.                                                                       
                                                                                                                                
4:07:04 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON re-stated  that the motion before  the committee was                                                               
to  move  CSHB 354,  Version  25-LS1414\C,  Mischel, 2/25/08,  as                                                               
amended, from  the committee with individual  recommendations and                                                               
attached fiscal notes.   There being no  objection, CSHB 354(HES)                                                               
was  reported  out of  the  House  Health, Education  and  Social                                                               
Services Standing Committee.                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:07 p.m.                                                                                                      
                                                                                                                                
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