04/12/1996 01:30 PM Senate JUD

                 HB 387 JUVENILE CODE REVISION                                
                                                                              
 REPRESENTATIVE PETE KELLY, sponsor of HB 387, explained HB 387                
 creates a structural change that separates in statute the program             
 for children in need of aid and delinquent juveniles.  It includes            
 policy language allowing the state to consider sanctions for                  
 delinquent behavior, and gives judges more direction in how to deal           
 with juveniles in sentencing.  The bill also includes a provision             
 for truancy, and gives the responsibility for enforcing truancy to            
 the school districts themselves.  It establishes in Title 38 the              
 ability of municipalities to impose a curfew which are currently              
 imposed under general police powers.  Chapter 10 deals with                   
 children in need of aid, Chapter 12 deals with delinquent children,           
 and Chapter 14 gives DHSS purview over both of those programs.                
                                                                               
 Number 039                                                                    
                                                                               
 CHAIRMAN TAYLOR asked if separating the programs will solve the               
 problems of disclosure in regard to federal funding under Title 8,            
 should the legislature decide to pass legislation in the future               
 pertaining to the release of the names of juvenile offenders.                 
                                                                               
 REPRESENTATIVE KELLY responded HB 387 begins that process by                  
 separating the programs.  This structure will allow the legislature           
 to avoid some of the pitfalls of losing federal funds.                        
                                                                               
 CHAIRMAN TAYLOR questioned the permanency board provision.                    
 REPRESENTATIVE KELLY noted that board has been in statute for a               
 number of years, but was funded for the first time last year.                 
                                                                               
 TAPE 96-37, SIDE A                                                            
 Number 000                                                                    
                                                                               
 CHAIRMAN TAYLOR asked if the Duties of Local Panel section (page              
 55) is existing law.  REPRESENTATIVE KELLY answered in Chapter 14,            
 which is one of the new chapters, that is existing code.  He added            
 almost the entire bill is existing code.                                      
                                                                               
 CHAIRMAN TAYLOR questioned why, in reviewing three pages of the               
 bill, he could not find any changes in the language.                          
 REPRESENTATIVE KELLY explained it is not underlined or bracketed              
 because existing language was pulled out of Chapter 10 and written            
 in new Chapters 12 and 14.                                                    
                                                                               
 CHAIRMAN TAYLOR asked if the definition was amended to take a                 
 portion of the juvenile offenses out of the jurisdiction of DHSS              
 and place those within the Court System.  REPRESENTATIVE KELLY                
 replied that subject is addressed in HB 474.                                  
                                                                               
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 REPRESENTATIVE MILLER noted his concern with Section 3, regarding             
 truancy, because other states have used truancy laws to crackdown             
 on homeschooling.  He offered to work with Representative Kelly to            
 draft an amendment to ensure that truancy laws cannot be used                 
 against people who homeschool.  REPRESENTATIVE KELLY indicated                
 existing code is a cumbersome methodology for the school districts            
 to deal with truancy.                                                         
                                                                               
 BRUCE CAMPBELL, legislative aide to Representative Kelly, commented           
 a prior version of the bill allowed private school administrators             
 to establish their own truancy rules.  REPRESENTATIVE MILLER                  
 pointed out a home school is not defined in statute as a private              
 school.  The vast majority of homeschoolers are not affiliated with           
 the school district.  He repeated he wants to ensure that a school            
 district cannot adopt procedures to crackdown on homeschoolers                
 under HB 387.                                                                 
                                                                               
 REPRESENTATIVE KELLY asked Representative Miller his opinion of the           
 language in the original bill.  REPRESENTATIVE MILLER contended the           
 original language required the truant student to go before a                  
 governing body to validate the absence.  He expressed concern with            
 giving governing bodies the ability to establish procedures.                  
                                                                               
 CHAIRMAN TAYLOR added there is a major problem with truancy in                
 public schools that is not being addressed, but at the same time              
 society has the right to know whether there is integrity and                  
 quality to the homeschool process.  He thought there should at                
 least be some measurable standards every three years, such as a               
 competency exam, that the child submits to.  He acknowledged many             
 homeschooled children excel academically.                                     
                                                                               
 REPRESENTATIVE KELLY thought there was an affirmative defense                 
 provision addressing this issue in the code book.                             
                                                                               
 CHAIRMAN TAYLOR announced the bill would be brought up on Monday.