04/07/2008 02:15 PM Senate JUDICIARY

       CSHB 354(JUD)-CHILD IN NEED OF AID/ADOPTIONS                                                                         
                                                                                                                                
CHAIR FRENCH announced the consideration  of HB 354. [Before                                                                    
the committee was CSHB 354(JUD).]                                                                                               
                                                                                                                                
3:08:57 PM                                                                                                                    
RYNNIEVA  MOSS,   Staff  to  Representative   John  Coghill,                                                                    
sponsor of HB  354, explained that as  currently drafted the                                                                    
bill: 1) clarifies  in statute best practices  of the Office                                                                    
of  Children's   Services  (OCS),  2)   fixes  contradictory                                                                    
language that  resulted in  18-year-olds being  adopted, and                                                                    
3) incorporates  HB 377. Initially the  Department of Health                                                                    
and Social  Services (DHSS)  approached the  sponsor because                                                                    
of uncertainty  in the language dealing  with the department                                                                    
subsidizing  hard-to-place  children. As  currently  written                                                                    
the  statute could  be interpreted  to mean  that even  if a                                                                    
child did  not have a special  need at the time,  DHSS would                                                                    
have  to provide  a subsidy.  Under HB  354 the  decision is                                                                    
turned over to  the department and it  can adopt regulations                                                                    
to  clarify  when  a  hard  to place  child  can  receive  a                                                                    
subsidy. This makes the decision  more fair and equitable to                                                                    
everyone.                                                                                                                       
                                                                                                                                
CHAIR FRENCH  asked what  the subsidy is,  who pays  for it,                                                                    
and how much it is.                                                                                                             
                                                                                                                                
MS. MOSS  first explained that fetal  alcohol syndrome (FAS)                                                                    
is an  example of how  it came about  that you would  have a                                                                    
hard to  place child subsidy  when you didn't know  that the                                                                    
child was  hard to place. An  infant at birth might  show no                                                                    
sign of  problems, but when  the child is  2 or 3  years old                                                                    
signs  of  fetal  alcohol syndrome  (FAS)  or  other  issues                                                                    
becomes  apparent.  Sometimes  the issues  continue  through                                                                    
childhood  and  into adulthood.  This  would  allow DHSS  to                                                                    
initiate a  subsidy at  that time to  pay for  medical costs                                                                    
and assistance to foster parents  to care for the child, not                                                                    
to  exceed the  current  rates for  foster  care. The  state                                                                    
could also  subsidize an adoption through  Medicaid coverage                                                                    
and a subsidy that would  not exceed the foster care subsidy                                                                    
limit. The  upper limit  of the subsidy  is the  amount that                                                                    
foster parents are paid to  take in foster children, and she                                                                    
believes that's in the neighborhood of $850 a month.                                                                            
                                                                                                                                
3:12:28 PM                                                                                                                    
MS. MOSS  continued to say  that Section 4 clarifies  that a                                                                    
public  official  or  employee  who  discloses  confidential                                                                    
information about  a child that  is in OCS custody  could be                                                                    
convicted  of a  misdemeanor. Sections  3 and  4 clarify  in                                                                    
statute that  OCS can change  a child custody  support order                                                                    
by administrative action rather than  having to go to court.                                                                    
OCS currently does  this, so this simply  brings the statute                                                                    
and regulation into alignment, she said.                                                                                        
                                                                                                                                
CHAIR FRENCH said he's trying  to understand the thinking on                                                                    
that.                                                                                                                           
                                                                                                                                
MS. MOSS  explained that  child support  enforcement already                                                                    
has  the   authority  to   change  support   orders  through                                                                    
administrative review, but the  state statutes don't clarify                                                                    
that this applies to OCS as well.                                                                                               
                                                                                                                                
3:14:36 PM                                                                                                                    
MS. MOSS relayed that two  issues came up subsequent to DHSS                                                                    
coming  to the  sponsor.  The first  relates  a conflict  in                                                                    
state  statute  regarding  notification of  absent  parents.                                                                    
This clarifies in  statute that a person who is  18 years of                                                                    
age and  wants to be adopted  is treated as an  adult. There                                                                    
is  no  requirement  to  seek  notification  of  the  absent                                                                    
parents.  Finally,  this  bill incorporates  HB  377,  which                                                                    
clearly  says  that the  state  is  civilly liable  for  the                                                                    
action of its  employees who are on duty  and make decisions                                                                    
that  result in  the injury  or death  of a  child in  state                                                                    
custody.                                                                                                                        
                                                                                                                                
3:16:22 PM                                                                                                                    
SUSAN  COX, Assistant  Attorney General,  Department of  Law                                                                    
(DOL), reported that she is here  to speak to Section 6. DOL                                                                    
helped redraft  that section to  incorporate HB 377.  It was                                                                    
done  with Representative  Gara's permission  and agreement.                                                                    
The  existing   AS  47.10.960   is  unchanged;   it  becomes                                                                    
subsection  (a) and  states that  the statutes  in Title  47                                                                    
cannot form the basis for  a civil action against the state.                                                                    
Subsection  (b)  clarifies  that  a  common  law  action  or                                                                    
wrongful death case would not be prohibited.                                                                                    
                                                                                                                                
CHAIR FRENCH  asked if that  was done with the  full support                                                                    
from the bill sponsor and Ms. Cox said yes.                                                                                     
                                                                                                                                
CHAIR FRENCH  found no one  who wished to testify  on behalf                                                                    
of  HB  354,  and  closed public  testimony.  He  asked  for                                                                    
discussion or a motion.                                                                                                         
                                                                                                                                
3:18:35 PM                                                                                                                    
SENATOR  HUGGINS motioned  to  report CSHB  354, Version  M,                                                                    
from committee with  individual recommendations and attached                                                                    
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR FRENCH announced that  without objection CSHB 354(JUD)                                                                    
is moved from committee.