Legislature(2023 - 2024)DAVIS 106
04/30/2024 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 | |
| Confirmation Hearing(s):|| Board of Social Work Examiners | |
| SB240 | |
| HB363 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 363 | TELECONFERENCED | |
| + | SB 240 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 363-FOSTER CHILDREN PSYCHIATRIC TREATMENT
5:11:44 PM
CHAIR PRAX announced that the next order of business would be
HOUSE BILL NO. 363, "An Act relating to the placement of foster
children in psychiatric hospitals."
5:12:40 PM
CHAIR PRAX opened public testimony on HB 363.
KXLO STONE, Facing Foster Care in Alaska, Statewide
Representative on Youth Board, testified in support of HB 363.
She explained her background in foster care and her own personal
experiences with the Alaska foster care system. She emphasized
the adverse living conditions of foster care facilities in
Alaska and explained how it negatively affects foster children
in Alaska. She highlighted the importance of the proposed
bill's provision for a 5-day limit on a hearing from the Office
of Children's Services (OCS.)
5:15:18 PM
BARBARA MALCHICK, Facing Foster Care in Alaska, testified in
support of HB 363. She described the process that a foster
child is put through upon their admittance into Alaska's foster
care system and emphasized the negative impact that months-long
hearing delays have on foster children. She explained the
changes that HB 363 would make on the current structure of a
foster child's hearing process and offered the committee
comparison to other countries' foster child hearing processes.
5:20:30 PM
CHAIR PRAX, after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 363.
5:20:37 PM
REPRESENTATIVE ANDREW GRAY, Alaska State Legislature, as prime
sponsor of HB 363, asked for the will of the committee on its
decision to move HB 363 out of committee.
5:21:00 PM
The committee took a brief at-ease at 5:21 p.m.
5:21:49 PM
REPRESENTATIVE RUFFRIDGE moved to adopt Amendment 1 to HB 363,
labeled,33-LS1049/S.1, Bergerud, 4/30/24 which read as follows:
Page 2, lines 24 - 25:
Delete "48 hours"
Insert "five days"
Page 2, lines 28 - 29:
Delete "48-hour period"
Insert "five-day period"
Page 2, line 31:
Delete "48-hour period"
Insert "five-day period"
Page 3, line 1:
Delete "48 hours, the 48-hour period"
Insert "five days, the five-day period"
Page 3, lines 2 - 4:
Delete "The court may grant one request to
continue the hearing for up to two business days if
necessary to secure the attendance of the child, a
party, or a material witness."
Page 3, line 9:
Delete "based on"
Insert "after considering"
Page 3, line 10, following "professional,":
Insert "or upon the written report of a mental
health professional if the child and all parties agree
the report may be relied on,"
Page 3, line 14, following "untreated.":
Insert "If the court does not make the necessary
findings, the court shall order the department to
transfer the child to another appropriate setting that
is in the best interests of the child."
REPRESENTATIVE MCCORMICK objected.
5:22:13 PM
REPRESENTATIVE GRAY informed Representative McCormick, "This is
a friendly amendment at the request of the sponsor."
5:22:25 PM
REPRESENTATIVE SUMNER moved to adopt Conceptual Amendment 1 to
Amendment 1, to delete lines 5-9 on page 2 [as numbered on
Amendment 1].
REPRESENTATIVE FIELDS objected.
5:23:03 PM
The committee took a brief at-ease at 5:23 p.m.
5:23:54 PM
REPRESENTATIVE FIELDS asked the bill sponsor for his opinion on
the proposed Conceptual Amendment 1 to Amendment 1.
REPRESENTATIVE GRAY said that he understood the reason behind
the proposed amendment and explained that Conceptual Amendment 1
to Amendment 1 would strike important bill language regarding
placement and housing of foster children. He said that he would
not oppose the proposed conceptual amendment.
REPRESENTATIVE FIELDS withdrew his objection.
5:25:33 PM
REPRESENTATIVE FIELDS commented that he has a subsequent
amendment that is designed to address the lack of suitable
facilities.
REPRESENTATIVE RUFFRIDGE shared his concern that the legislation
might put an undue stress on the Alaska foster care court
system.
5:27:52 PM
REPRESENTATIVE MINA asked whether OCS could speak to the
possibility of a foster child being left to wait in the court
system.
5:29:46 PM
KIM SWISHER, Deputy Director, Office of Children's Services,
Department of Family & Community Services, answered that OCS
sometimes experiences an inappropriate level of care placement
for a child and explained how OCS works with psychiatric
hospitals to deliver the proper care for a foster child.
5:31:28 PM
REPRESENTATIVE FIELDS commented that he would vote no on
Conceptual Amendment 1 to Amendment 1.
A roll call vote was taken. Representatives Ruffridge, Sumner,
and Prax voted in favor of Conceptual Amendment 1 to Amendment 1
to HB 363. Representatives Fields, Mina, and McCormick voted
against it. Therefore, Conceptual Amendment 1 to Amendment 1
failed by a vote of 3-3.
5:33:06 PM
REPRESENTATIVE RUFFRIDGE [moved to withdraw] Amendment 1.
[There being no objection, Amendment 1 was withdrawn.]
5:33:25 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 2 to HB 363,
labeled 33-LS1049/S.2, Bergerud, 4/30/24, which read as follows:
Page 1, line 1, following "hospitals;":
Insert "relating to the care of children in state
custody placed in residential facilities outside the
state;"
Page 3, following line 18:
Insert a new bill section to read:
"* Sec. 4. AS 47.14.112(d) is amended to read:
(d) The division of the department with
responsibility over the custody of children shall
prepare and make available to the legislature an
annual report on employee recruitment and retention,
including a five-year plan, for the division. Not
later than November 15 of each year, the department
shall deliver the report to the senate secretary and
the chief clerk of the house of representatives and
notify the legislature that the report is available.
The report prepared under this subsection is separate
from the annual report to the legislature required
under AS 18.05.020 and must include, for the previous
12 months,
(1) the number of frontline social workers
employed by the division, the annual average turnover
rate of the workers, and the average caseload of the
workers on January 1 and July 1 of that year;
(2) the number of children removed from
their homes;
(3) the achievement of success measured by
the following:
(A) rate of family reunification;
(B) average length of time children spent
in custody of the department;
(C) rate of placement with an adult family
member or family friend;
(D) number of children placed in a
permanent living arrangement with a guardian or
biological or adoptive parent;
(E) number of children released from the
custody of the department;
(4) if the department has met or exceeded
the caseload standards under this chapter and, if the
standards were exceeded, the number of caseworker
positions in the division that could be eliminated and
the amount of funding that could be reduced while
continuing to meet but not routinely exceed the
caseload standards;
(5) the performance of the department on
federal benchmarks focused on the safety, well-being,
and permanent placements of foster children compared
with the previous five years;
(6) the number of children placed in
residential facilities providing care for children
outside the state."
Renumber the following bill section accordingly.
REPRESENTATIVE RUFFRIDGE objected for the purpose of discussion.
REPRESENTATIVE FIELDS explained that the proposed amendment
would track the statistics surrounding foster care services
provided to children in Alaska's foster care system.
5:35:03 PM
REPRESENTATIVE RUFFRIDGE removed his objection. There being no
further objection, Amendment 2 was adopted.
5:35:33 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 3 to HB 363,
labeled 33-LS1049/S.3, Bergerud, 4/30/24, which read as follows:
Page 1, line 1, following "Act":
Insert "establishing the Family First Prevention
Services Team;"
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 44.30.020 is amended by adding a
new subsection to read:
(c) The Department of Family and Community
Services shall establish the Family First Prevention
Services Team, consisting of department employees,
that shall be responsible for ongoing plan submission,
assessment, communication with agency partners,
evaluation, and reporting requirements under P.L. 115-
123 (Family First Prevention Services Act)."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
Page 4, following line 16:
Insert a new bill section to read:
"* Sec. 6. The uncodified law of the State of
Alaska is amended by adding a new section to read:
CHILD WELFARE PREVENTION PROGRAM SCAN AND FAMILY
FIRST PREVENTION SERVICES PLAN SUBMISSION. (a) The
Department of Family and Community Services shall
contract with a third-party review agency to conduct a
comprehensive scan of all child welfare prevention
programs in the state identified by the United States
Department of Health and Human Services, Children's
Bureau. The scan must include evaluation of any
curriculum used by the program, staff qualifications
and workloads, targeted population identification, and
methods of outreach, data collection, organizational
management and evaluation, and reporting procedures.
The scan must be completed not later than January 1,
2025.
(b) Not later than July 1, 2025, the Family
First Prevention Services Team established in
AS 44.30.020(c), added by sec. 1 of this Act, shall
submit to the United States Department of Health and
Human Services, Children's Bureau, a Family First
Prevention Services Title IV-E Prevention Plan for
approval."
REPRESENTATIVE RUFFRIDGE object for the purpose of discussion.
REPRESENTATIVE FIELDS explained that Amendment 3 would establish
a team based around the concept of "family first" foster care
prevention services. He said that the proposed amendment would
involve only one department instead of two and highlighted that
the solution was suggested by a report, titled "Reimagining
Child Services in Alaska."
5:39:09 PM
REPRESENTATIVE SUMNER asked whether OCS would have the funding
to achieve the proposed amendment's goals.
REPRESENTATIVE FIELDS explained that OCS is already working on
ensuring funding for a team like the one proposed under
Amendment 3.
REPRESENTATIVE SUMNER asked what the "family first" title means
in reference to the foster care prevention plan under Amendment
3.
REPRESENTATIVE FIELDS answered that the term refers to a team
that would keep kids safe and healthy in their foster homes.
5:41:24 PM
MS. SWISHER explained that Amendment 3 would be vital in the
establishment of a safer foster care system in Alaska. She said
that there are currently only three practices in Alaska that
independently verify the safety of foster homes and emphasized
that the services have been proven to be effective .
5:44:34 PM
REPRESENTATIVE SUMNER shared his understanding that the money
would be spent to create a plan for the teams, not on the actual
establishment of the teams.
MS. SWISHER confirmed that Representative Sumner's understanding
was correct and said that OCS would not be opposed to reviewing
the propositions resulting from Amendment 3 in the future.
REPRESENTATIVE FIELDS [moved to withdraw] Amendment 3. [There
being no objection, Amendment 3 was withdrawn.]
5:45:39 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 4 to HB 363,
labeled 33-LS1049/S.4, Bergerud, 4/30/24, which read as follows:
Page 1, line 1, following "Act":
Insert "establishing a revolving loan fund for
the construction of residential psychiatric facilities
for minors in the Alaska Mental Health Trust
Authority;"
Page 1, following line 3:
Insert a new bill section to read:
"* Section 1. AS 44.25 is amended by adding a new
section to read:
Sec. 44.25.293. Psychiatric treatment center
revolving loan fund. (a) The psychiatric treatment
center revolving loan fund is created in the
authority. The authority shall administer the fund and
shall use the fund to award loans to in-state entities
for the establishment and expansion of residential
psychiatric treatment facilities for minors. The fund
consists of money appropriated to the fund, including
loan payments and interest earned on the fund.
(b) A loan awarded under this section may not
exceed
(1) $500,000 if the loan is for the
construction of a new facility; or
(2) $50,000 if the loan is for an existing
facility that is establishing or expanding services to
minors.
(c) The authority may not award a loan under
this section to an entity that has an existing unpaid
loan under this section or to a for-profit
corporation.
(d) An entity is eligible each calendar year for
not more than two loans made under (b)(1) of this
section and not more than five loans made under (b)(2)
of this section.
(e) In awarding loans under this section, the
authority shall prioritize loans for a construction
project in a region in which no residential
psychiatric treatment facility for minors exists. A
facility that provides treatment to adults is eligible
to receive a loan under this section if the facility's
primary mission is to provide psychiatric care to
minors and the facility submits documentation to the
authority showing that residents who are minors are
physically separated in the facility from residents
who are adults.
(f) The terms of a loan awarded under this
section must require the loan to be repaid over a
period of not less than five years and not more than
10 years. The authority shall provide for interest
rates for loans awarded under this section that are
less than the current market rate as determined by the
authority.
(g) In this section,
(1) "adult" means an individual who is 18
years of age or older;
(2) "minor" means an individual under 18
years of age."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill sections accordingly.
REPRESENTATIVE FIELDS explained that the proposed amendment
would establish a revolving loan fund for the construction of
residential psychiatric facilities for minors in Alaska. He said
that intention of Amendment 4 was to create a place where the
State could both make investments and expand the treatment
capacity of the State.
REPRESENTATIVE SUMNER opined that the 500,000 dollar figure
proposed by Amendment 4 was not enough to build a psychiatric
facility.
5:47:50 PM
REPRESENTATIVE RUFFRIDGE said that he was supportive of
Amendment 4 when he saw "Alaska Mental Health Trust Authority"
(AMHTA) but was disappointed when he learned that the proposed
fund would come from the General Fund of the Permanent Fund.
REPRESENTATIVE FIELDS said that he would be supportive of funds
coming from AMHTA.
5:49:57 PM
REPRESENTATIVE PRAX shared his concern that the proposed
amendment would create a new fiscal note for HB 363.
5:50:09 PM
MS. SWISHER recommended the question be answered by a
representative from the Department of Health (DOH) but added
that she is unsure of the necessity of the proposed amendment.
5:50:41 PM
REPRESENTATIVE RUFFRIDGE said that he probably wouldn't be in
support of the proposed amendment.
5:51:07 PM
REPRESENTATIVE MINA commented that she likes the ideas that the
proposed amendment puts forward.
5:51:24 PM
REPRESENTATIVE SUMNER asked whether the proposed revolving loan
funds proposed under Amendment 4 would be restricted to use only
on construction.
5:52:02 PM
REPRESENTATIVE FIELDS answered that the revolving loan fund was
initially created with the idea of construction in mind, though
it could be used for different applications in the future.
5:52:37 PM
REPRESENTATIVE SUMNER asked Representative Gray for his opinion
on Amendment 4.
5:52:41 PM
REPRESENTATIVE GRAY replied that he would support whatever the
will of the committee is.
REPRESENTATIVE SUMNER shared his understanding that there is a
high likelihood of a fiscal note being created if Amendment 4
were adopted.
5:53:53 PM
CHAIR PRAX opined that it would likely create a new fiscal note
for HB 363.
REPRESENTATIVE FIELDS said that the creation of a fiscal note is
a subjective speculation to make and takes into account many
logistical considerations.
5:55:04 PM
REPRESENTATIVE SUMNER offered his understanding that the
presumption of the committee was that a fiscal note would be
added to a piece of legislation if said legislation required
funding.
5:56:04 PM
CHAIR PRAX sought confirmation that Amendment 4 would generate a
fiscal note for HB 363.
ANA KARINA THOMPSON, Licensing Specialist, Department of Health,
answered that the proposed amendment would likely generate a
fiscal note.
REPRESENTATIVE FIELDS [moved to withdraw] Amendment 4. [There
being no objection, Amendment 4 was withdrawn.]
5:57:12 PM
CHAIR PRAX asked whether it was the will of the committee to
move HB 363 out of committee.
REPRESENTATIVE RUFFRIDGE moved to report HB 363, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
363(HSS) was reported out of the House Health and Social
Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Anne Wells Social Work Resume_Redacted.pdf |
HHSS 4/30/2024 3:00:00 PM |
Governor's Appointee |
| Anne Wells Social Work App_Redacted.pdf |
HHSS 4/30/2024 3:00:00 PM |
Governor's Appointee |
| SB 240 Fiscal Note DOH-MAA.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Fiscal Note DOH-MS.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Fiscal Note EED-SSA.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Letter of Support - ACT.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Sectional Analysis Version B.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Sponsor Statement Version A.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Trust LOS 2.26.24.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB 240 Version B.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| SB240 Summary Version A.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| HB 363 Amendment S.1 #1.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| SB 240 Amendment B.1 #1.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| HB 363 Kwinghagak v. OCS Court Case.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Amendment S.2 #2.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Amendment S.3 #3.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Amendment S.4 #4.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| HB 363 Roque Support.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 363 |
| SB 240 ANC School Testimony.pdf |
HHSS 4/30/2024 3:00:00 PM |
SB 240 |
| HB 346 Sponsor Follow Up.pdf |
HHSS 4/30/2024 3:00:00 PM |
HB 346 |