Legislature(2019 - 2020)DAVIS 106
03/12/2020 03:00 PM House HEALTH & SOCIAL SERVICES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB305 | |
| Confirmation Hearing(s):|| Alaska Mental Health Trust Authority Board of Trustees | |
| State Medical Board | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 305 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 305-MANDATORY REPORTERS TO OCS; JUDGES
3:07:54 PM
CHAIR ZULKOSKY announced that the first order of business would
be HOUSE BILL NO. 305, "An Act relating to the persons required
to report child abuse or neglect or a threat of harm to a child;
and providing for an effective date."
3:08:19 PM
The committee took a brief at-ease.
[Chair Zulkosky passed the gavel to Vice Chair Spohnholz.]
3:09:13 PM
REPRESENTATIVE ZULKOSKY introduced HB 305 on behalf of the bill
sponsor, the House Health and Social Services (HHSS) Standing
Committee. She reminded the committee of the presentation at
the 2/13/20 [HHSS Standing Committee] meeting, entitled "Alaska
Children's Justice Act Task Force," by task force members Pam
Karalunas, Gayle Garrigues, and Mike Hopper, PhD, giving a 2020
update on child abuse in Alaska. She relayed that the
Children's Justice Act (CJA) Task Force is federally mandated
and funded; the CJA Task Force identifies areas needing
improvement in the statewide response to child maltreatment -
particularly child sexual abuse - and makes recommendations for
actions that the state can take to improve the system. She
referred to the CJA Task Force's recommendations during the
presentation; one recommendation focused on closing gaps in
mandatory reporters individuals who must report suspected
cases of child abuse which will offer earlier interventions to
protect Alaska's children. She stated that by the end of the
2/13/20 committee meeting, there was broad consensus among all
committee members to join the CJA Task Force in championing
Alaska's children and families. She offered that HB 305 is
aligned with the recommendations made to the committee in the
2/13/20 hearing.
3:11:31 PM
KATY GIORGIO, Staff, Representative Tiffany Zulkosky, Alaska
State Legislature, on behalf of the HHSS Standing Committee,
sponsor of HB 305, directed the committee's attention to slide
1, entitled "Section 1. Reporting of Imminent Threat to Child,"
which read:
Section 1. AS 22.35 is amended by adding a new section
to read: Sec. 22.35.040. Reporting of imminent threat
to child. "A judge of the superior court or district
court shall immediately report to the nearest office
of a law enforcement agency of the state a threat of
imminent harm to a child if the judge has reasonable
case to suspect that there is a threat that imminent
harm will occur to a child between the time the judge
issues a protective order under AS 18.65.850
18.65.870 or AS 18.66.100- 18.66.180 and the time the
protective order is served."
This section may be problematic (redundant) as the
issuance of a protective order is, in and of itself, a
report to law enforcement that there exists a threat
of harm.
There have been recent conversations between
representatives of the Alaska Court System, law
enforcement, and OCS regarding possible administrative
fixes to address gaps related to domestic violence
protective orders.
MS. GIORGIO explained the administrative fixes would consist of
a series of "red flags" for a judge, such as the perpetrator
mentioning weapons or harming a person. She offered that in a
subsequent version of the proposed legislation, Section 1 may be
removed.
3:13:01 PM
MS. GIORGIO moved on to slide 2, which read:
AS 47.17.020 CHILD PROTECTION/
PERSONS REQUIRED TO REPORT
PERSONS WHO, IN THE PERFORMANCE OF THEIR OCCUPATIONAL
OR APPOINTED DUTIES, WHO HAVE REASONABLE CAUSE TO
SUSPECT THAT A CHILD HAS SUFFERED HARM AS A RESULT OF
CHILD ABUSE OR NEGLECT, SHALL IMMEDIATELY REPORT THE
HARM TO THE OFFICE OF CHILD SERVICES.
AS 47.17.020 CHILD PROTECTION/ PERSONS REQUIRED TO
REPORT HB 305 AMENDS SECTION 2 TO REPLACE THE LANGUAGE
"OCCUPATIONAL DUTIES" AND "APPOINTED DUTIES" TO READ:
(A) THE FOLLOWING PERSONS WHO, IN THE PERFORMANCE OF
THE DUTIES ASSOCIATED WITH A POSITION LISTED IN THIS
SUBSECTION?
MS. GIORGIO explained that Section 2 of HB 305 would reword AS
47.17.020(a) for clarification.
3:13:29 PM
MS. GIORGIO turned to slide 3, entitled "Current List of
Mandatory Reporters, which read:
square4 (1) practitioners of the healing arts
square4 (2) school teachers and school administrative
staff members of public and private schools
square4 (3) peace officers and officers of the Department
of Corrections
square4 (4) administrative officers of institutions
square4 (5) childcare providers
square4 (6) paid employees of domestic violence and
sexual assault programs, and crisis intervention
and prevention programs
square4 (7) paid employees of an organization that
provides counseling or treatment to individuals
seeking to control their use of drugs or alcohol
square4 (8) members of a child fatality review team
established under AS 12.65.015(e) or 12.65.120 or
the multidisciplinary child protection team
created under AS 47.14.300
square4 (9) volunteers who interact with children in a
public or private school 20 for more than four
hours a week
MS. GIORGIO relayed that the essence of the proposed legislation
is the addition of categories of mandatory reporters. She
referred to slide 4, entitled ection 2 Proposed Additions to
Mandatory Reporters," which read:
square4 (10) priests, ministers, and other individuals
who are ordained, anointed, or appointed to
perform religious duties
square4 (11) individuals who work at public and private
animal shelters, whether as paid employees or
volunteers
square4 (12) individuals who are employees of or
volunteers with a fire department of a
municipality, including firefighters and
emergency medical technicians
square4 (13) individuals appointed by a court to act as
guardians ad litem for children.
3:14:19 PM
MS. GIORGIO moved on to slide 5, entitled "Potential
Alignment/Language Clean-up with Mandatory Reporters of
Vulnerable Adult Abuse," which read in part:
VULNERABLE ADULTS (AS 47.24.010)
square4 (1) a physician or other licensed health care
provider
square4 (2) a mental health professional as defined in AS
47.30.915 and including a marital and family
therapist licensed
square4 (5) a guardian or conservator
square4 (6) a police officer
square4 (7) a village public safety officer
square4 (8) a village health aid
square4 (9) a social worker
square4 (10) a member of the clergy
square4 (11) a staff employee of a project funded by the
Department of Administration for the provision of
services to older Alaskans, the Department of
Health and Social Services, or the Council on
Domestic Violence and Sexual Assault
square4 (13) an emergency medical technician or a mobile
intensive care paramedic
MS. GIORGIO pointed out that mandatory reporting for abuse
of vulnerable adults - or elder abuse - is also in statute.
She offered that after comparing the two sets of statutes,
she recognized an opportunity to align the definitions and
make improvements to statutory language. She gave an
example: (6) a police officer and (7) a village public
safety officer under the vulnerable adult mandatory
reporters could be combined into one, like (3) peace
officers and officer of the Department of Corrections under
the child protection mandatory reporters.
3:15:28 PM
REPRESENTATIVE ZULKOSKY pointed out that "a member of the
clergy" is listed under the mandatory reporters for vulnerable
adults but not under child protection mandatory reporters and
reiterated there is opportunity for alignment of the two lists.
She mentioned a forthcoming committee substitute (CS) for HB
305.
3:16:07 PM
REPRESENTATIVE PRUITT asked what the difference was between the
two categories of mandatory reporters - "a member of the clergy"
under vulnerable adults [AS 47.24.010] and the proposed
mandatory reporter category for child protection under HB 305 -
"priests, ministers, and other individuals who are ordained,
anointed, or appointed to perform religious duties".
MS. GIORGIO responded by referring to slide 6, entitled
"Additional Language Fixes & Classes," which read in part:
CLERGY
(10) priests, ministers, and other individuals who are
ordained, anointed, or appointed to perform religious
duties
replace with:
(10) Clergy members, including priests; rabbis; duly
ordained, commissioned, or licensed ministers of a
church; members of religious orders; or recognized
leaders of any religious bodies
Language is more inclusive of all types of clergy
MS. GIORGIO stated that she researched statutes from other
states to draft language that was more inclusive than that in HB
305; in other words, if someone is serving in the capacity of a
clergy member, regardless of the religion, he/she would be
included in the category.
REPRESENTATIVE PRUITT agreed with the importance of clearly
defining the category.
3:19:10 PM
MS. GIORGIO referred to the second part of slide 6, which read:
ANIMAL SHELTER WORKERS / VETERINARIANS
(11) individuals who work at public and private animal
shelters, whether as paid employees or volunteers
replace with:
(11) individuals who work at public and private animal
shelters and veterinarian clinics, whether as paid
employees or volunteers
To include veterinary workers that may also see abused
animals
3:19:35 PM
REPRESENTATIVE CLAMAN brought up the consideration for internal
consistency in Alaska Statutes and mentioned statutes regarding
people who perform marriages in Alaska. He asked whether mental
health professionals, social workers, and village health aides
are practitioners of the healing arts under AS 47.17.020(a)(1).
He expressed the importance of consulting veterinarians before
adding them to the categories of mandatory reporters. He asked,
"How far are we going on some of these?"
3:21:44 PM
REPRESENTATIVE ZULKOSKY stated that the intention behind
introducing HB 305 was to create a starting point for committee
conversation on the issue. She reiterated that there would be a
forthcoming CS to address additional concerns. She mentioned
that her staff has performed outreach to the veterinary
community regarding HB 305.
3:22:30 PM
MS. GIORGIO stated that she sent the first draft of HB 305 to
members of the veterinarian community, and they expressed
concerns. One concern was training of volunteer staff. She
said that she very much believes in stakeholder engagement and
will ensure that the groups representing the new categories of
mandatory reporters are engaged and their points of view
considered. She referred to the full list of statutory
definition comparisons in the committee packet indicating
definition crossovers and opportunities to align definitions and
categories.
3:23:54 PM
VICE CHAIR SPOHNHOLZ asked whether "practitioners of the healing
arts" was defined in statute.
MS. GIORGIO referred to a legal memo listing the categories
included under practitioners of the healing arts, and the
category includes physicians. She stated that the term is
vague, she is not fond of it, but the list helps to define it.
VICE CHAIR SPOHNHOLZ expressed the need for more specificity as
she did not readily recognize a physician as being in that
category.
REPRESENTATIVE ZULKOSKY agreed and mentioned that when she hears
"healing arts" she thinks of massage therapists, not medically
licensed professionals.
3:25:42 PM
MS. GIORGIO relayed that several more categories are being
considered to add to the list - probation and parole officers,
unpaid childcare volunteers, and substitute teachers.
3:26:31 PM
GAYLE GARRIGUES, Children's Justice Act (CJA) Task Force,
offered her support for HB 305 on behalf of the CJA Task Force.
She stated that there is a detailed definition under AS
47.17.290(14), which read:
"practitioner of the healing arts" includes athletic
trainers, chiropractors, mental health counselors,
social workers, dental hygienists, dentists, health
aides, nurses, nurse practitioners, certified nurse
aides, occupational therapists, occupational therapy
assistants, optometrists, osteopaths, naturopaths,
physical therapists, physical therapy assistants,
physicians, physician's assistants, psychiatrists,
psychologists, psychological associates, audiologists
and speech-language pathologists licensed under AS
08.11, hearing aid dealers licensed under AS 08.55,
marital and family therapists licensed under AS 08.63,
behavior analysts, assistant behavior analysts,
religious healing practitioners, acupuncturists, and
surgeons;
MS. GARRIGUES described the process whereby a mandatory reporter
reports that a child has been injured due to abuse or neglect:
the reporter calls the 1-800 number for the Office of Childrens
Services (OCS) [Department of Health and Social Services
(DHSS)]; the reporter answers questions from a protective
services specialist; the reporter's name does not have to be
disclosed, but if it is, it is kept confidential; the specialist
checks the Online Resource for the Children of Alaska (ORCA) for
prior reports; the case is screened and a determination made as
to whether it should be pursued. For a case that warrants
further investigation, it is referred to the initial assessment
and investigation unit; an investigation is performed; and a
determination is made as to whether the abuse or neglect is
substantiated and whether the court system needs to be involved.
She explained that what is being asked is that someone with a
reasonable suspicion or concern - a low standard of proof -
report that some harm occurred to a child resulting from child
abuse or neglect.
3:31:19 PM
VICE CHAIR SPOHNHOLZ clarified that from her experience filing
numerous reports, the reporter does not always speak to someone
on the phone. She said that she has never spoken to someone on
the phone but has left detailed messages with her name and phone
number, and sometimes she gets a call back depending on the
action taken. She pointed out that there are several decision
points in the process in which an action could be taken or not
taken.
3:32:27 PM
MS. GARRIGUES offered that her experience is from the court
phase of an action and thanked Representative Spohnholz for her
clarification. She expressed her support for the broad
definition of clergy under HB 305. She reviewed the statutes
that refer to clergy: clergy is not defined under reports of
harm to vulnerable adults [AS 47.24.010(a)(10)]; there is a list
of people who may solemnize a marriage [AS 25.05.261]. She also
mentioned the brief definition of clergy under the [Alaska Court
System] Rules of Evidence, Rule 506(a)(1), which read:
A member of the clergy is a minister, priest, rabbi,
or other similar functionary of a religious
organization, or an individual reasonably believed so
to be by the person consulting the individual.
MS. GARRIGUES added that under the rules, the concept of clergy
is not so broad as to include self-determined, self-denominated
ministers. She said that there is case law regarding
communication with a clergy member who is a counselor and the
distinction between the two.
MS. GARRIGUES offered her concern regarding clergy as protectors
of offenders.
3:37:48 PM
REPRESENTATIVE CLAMAN referred to AS 47.17.290(14) and pointed
out "paramedics" did not appear to be included under the
definition of "practitioner of the healing arts". He reiterated
the importance of including clergy as mandatory reporters of
child abuse and neglect, which had been lacking in statute.
3:40:07 PM
PAM KARALUNAS, Children's Justice Act (CJA) Task Force,
expressed her support for HB 305. She mentioned that Dr. B.J.
Coopes and Dr. Cathy Baldwin-Johnson are both on the CJA Task
Force and both trained emergency medical technicians (EMTs) from
around the state. Some EMTs believed they should report child
abuse and neglect; others did not believe they were mandated to
report because EMTs are not included in statute [as mandatory
reporters]. She said that a child who has witnessed a brutal
crime or trauma has suffered and must be interviewed as a
witness and assessed for needing services. She emphasized that
EMTs have a rare opportunity to assist children early.
MS. KARALUNAS stated that the connection between animal abuse
and child abuse is very well documented. It is not uncommon for
animal abuse to be reported before child abuse; the very first
child abuse case in the country had to be investigated under
prevention of cruelty to animal laws because there were no child
abuse laws. She maintained that people who provide services to
animals need to be included as mandatory reporters, and there is
free online training for that. She mentioned that several
states include animal care providers as mandatory reporters and
some pair social workers with animal control agents when it is
known children are in the home when a report of animal cruelty
is investigated.
MS. KARALUNAS explained a concern of the CJA Task Force relating
to educators. She said that despite educators being statutorily
mandated to directly report to OCS, some educators have
expressed to her that they are required to report their
suspicions of child abuse or neglect to their school principal
who in turn would decide whether a report needed to be made to
OCS. She stated that some school districts were conducting
their own "investigations" before reporting to OCS or law
enforcement. She emphasized that school officials were not
trained investigators and should not be investigating felony
crimes such as child sexual abuse. She stated Ms. Garrigues has
drafted language that the committee may want to review that
addresses this concern.
3:44:53 PM
VICE CHAIR SPOHNHOLZ asked how long the free online training
takes.
MS. KARALUNAS replied that the training is still in development;
it may be about four hours; it is designed to be taken in
sections.
3:45:27 PM
REPRESENTATIVE TARR suggested that the requirement for training
be incorporated into statute and be available on the DHSS
website.
MS. KARALUNAS concurred with both suggestions. She stated the
current training was available on the DHSS website and the new
training - when complete - will be there as well. The goal is
for the new training to be complete no later than November
[2020].
REPRESENTATIVE TARR offered her assistance with drafting
language for the provision.
VICE CHAIR SPOHNHOLZ invited the representative from OCS to
testify.
3:48:53 PM
CHRISSY VOGELEY, Community Relations Manager, Central Office,
Office of Children's Services (OCS), Department of Health and
Social Services (DHSS), confirmed the mandatory reporter
training was available on the OCS website; OCS also distributed
training via flash drives; the training took about one hour and
included many videos; and one could print out a certificate upon
completion. She agreed there is currently no statute requiring
mandatory reporters to provide proof of having completed the
training. She suggested consulting legal experts in drafting
the legislation regarding the requirement of training for
mandatory reporters.
3:50:08 PM
REPRESENTATIVE PRUITT asked what the burden is on the mandatory
reporter to recognize the abuse or neglect and the liability
ramifications of not recognizing it.
MS. VOGELEY said she is not a lawyer and not familiar with the
ramifications of a mandatory reporter not reporting. She
referred to the issues and the question of appropriate
consequences regarding enforcement for mandatory reporters.
REPRESENTATIVE PRUITT expressed his concern that the people who
should be penalized be penalized and not those who have no
experience with detecting child abuse and neglect and
understandably missing it.
3:53:23 PM
REPRESENTATIVE JACKSON said that the proposed legislation was a
good starting point in that it would make the categories of
mandatory reporters aware of their responsibility.
3:55:34 PM
REPRESENTATIVE TARR cited AS 47.17.068, Penalty for failure to
report, which read:
A person who fails to comply with the provisions of AS
47.17.020 [child abuse or neglect] or 47.17.023 [child
pornography] and who knew or should have known that
the circumstances gave rise to the need for a report,
is guilty of a class A misdemeanor.
REPRESENTATIVE TARR pointed out the high standards of knowingly
and willingly failing to report; under those circumstances,
there would likely be physical signs and indisputable evidence
that the child was in harm's way. She offered the goal was to
have "more eyes" to keep children safe, not turn people into
criminals due to non-reporting. She pointed out there was no
civil penalty in statute; the proposed legislation did not
appear to add any undue responsibilities that would get
[potential reporters] in trouble and was meant to be practical.
She maintained requiring a one-hour training was a reasonable
ask and will try to put that in statute.
3:58:00 PM
MS. VOGELEY mentioned the updates to the training were in
response to HB 49 [signed into law 7/8/19]; an earlier version
of HB 49 required an annual mandatory reporter training. She
offered an annual training might have been considered
burdensome; however, for an inexperienced volunteer, annual
training could possibly be considered a positive reinforcement.
She confirmed for Representative Spohnholz the training was not
an annual requirement.
3:59:12 PM
REPRESENTATIVE ZULKOSKY reiterated the intent of the original
draft of the proposed legislation was to provide a narrow fix to
close some of the reporting gaps and to have more "eyes" in the
community to ensure that children were kept safe. She mentioned
her staff would work with committee members on the next version
of HB 305.
VICE CHAIR SPOHNHOLZ commented on the unified support in
committee for reducing child abuse and neglect.
[HB 305 was held over]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0305A.PDF |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| HB 305 Sponsor Statement 03.12.2020.pdf |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| HB 305 Sectional Analysis v. M 03.12.2020.pdf |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| HB 305 PowerPoint 03-12-2020.pdf |
HHSS 3/12/2020 3:00:00 PM |
HB 305 |
| Anita Halterman Board Application_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Rhonda Boyles Board Application_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Anita Halterman Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Rhonda Boyles Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to Mental Health Trust Authority Board of Trustees |
| Dave Boswell Board Application_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to the State Medical Board |
| Richard Wein Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to the State Medical Board |
| Steve Parker Resume_Redacted.pdf |
HHSS 3/12/2020 3:00:00 PM |
Appointee to the State Medical Board |