05/05/1998 03:20 PM Senate JUD

Number 030                                                                     
                                                                               
       SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY                    
                                                                               
SENATOR PARNELL brought SSHB 366(title am) before the committee as             
the next order of business.                                                    
                                                                               
LISA TORKELSON, staff to Representative Fred Dyson, said the                   
legislation is basically a protective measure.  She related a                  
situation where a lady's sister turned her into the Division of                
Family and Youth Services (DFYS) for being a vegetarian and                    
choosing that eating style for her children as well.  It caused a              
lot of problems, including family problems, and it was very                    
difficult for the lady to prove that her children were well fed                
even though they chose this lifestyle.                                         
                                                                               
HB 366 prohibits an agency from using the status of being poor,                
homeless, or lives a lifestyle that is different from the generally            
accepted lifestyle standard of the community where the family lives            
as the sole reason for removing a child from a home or for DFYS to             
come in and take custody of that child.                                        
                                                                               
TAPE 98-52, SIDE A                                                             
Number 031                                                                     
                                                                               
SENATOR PARNELL inquired if there has been a court case on this,               
and REPRESENTATIVE DYSON replied that he did not know of one, but              
the intent of the legislation is to strengthen the rights of                   
parents and limit the role of DFYS to take children if they are not            
being abused and neglected.                                                    
                                                                               
Number 060                                                                     
                                                                               
SENATOR MILLER questioned if the lady was turned into DFYS solely              
because of being vegetarians.  REPRESENTATIVE DYSON pointed out                
that the law requires DFYS to investigate whenever there is a                  
report of harm, and a fair percentage of the reports they get are              
spite, particularly when it comes to custody cases.                            
                                                                               
SENATOR MILLER said what he has found frustrating in his 16 years              
in the Legislature is that it seems like often DFYS spends a lot to            
manpower investigating the wrong cases and no manpower in                      
investigating the cases that they should be investigating.  He said            
it is unfortunate that there has to be legislation redirecting that            
focus.                                                                         
                                                                               
REPRESENTATIVE DYSON noted that he has been working with the states            
of Wisconsin, Minnesota and Kansas in how they are approaching this            
issue, and one of them is the quality and training of the people               
and in keeping them.  The turnover rate in Alaska is tremendous and            
there isn't the kind of judgement, maturity and experience to make             
good judgements about these cases without continuity.                          
                                                                               
SENATOR PARNELL asked if DFYS currently uses a standard that is                
called "generally accepted lifestyle standard" or was this new                 
language.  MS. TORKELSON responded that this was language drafted              
by the legislative drafter, and Susan Wibker of the Department of              
Law, who helped to write the child protection bill, spoke favorably            
for it.                                                                        
                                                                               
SENATOR PARNELL noted that Lynette Moreno Hinz, the president of               
the Anchorage Tribes of Tlingit and Haida Indians of Alaska, had               
signed up to testify, but she had to leave before being able to                
testify on the legislation.  However, she indicated on the witness             
register that she was in opposition to the bill.                               
                                                                               
There being no further testimony on SSHB 366(title am), SENATOR                
PARNELL stated the legislation would be set aside until a quorum               
was reestablished.                                                             
Number 170                                                                     
                                                                               
       SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY                    
                                                                               
CHAIRMAN TAYLOR asked for the pleasure of the committee on SSHB
(title am).                                                                 
                                                                               
SENATOR PARNELL moved SSHB 366(title am) be passed out of committee            
with individual recommendations.  Hearing no objection, it was so              
ordered.