Legislature(2005 - 2006)HOUSE FINANCE 519
03/07/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB218 | |
| HB408 | |
| HB485 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 324 | TELECONFERENCED | |
| += | HB 408 | TELECONFERENCED | |
| += | SB 218 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 485 | TELECONFERENCED | |
HOUSE BILL NO. 408
"An Act relating to the definition of 'child abuse and
neglect' for child protection purposes; and providing
for an effective date."
2:42:27 PM
Co-Chair Chenault MOVED to ADOPT work draft #24-BH202\Y.
There being no objection, the DRAFT was ADOPTED.
Rynnvieva Moss noted that the bill was sponsored by the
Governor, and explained the influence of last year's House
Bill 53, combined with efforts of the Administration and
various legislators into one vehicle, called the Family
Rights Act of 2006. She acknowledged the inclusion of
legislation by Representative Chenault, Representative
Coghill, and changes added by the Office of Children's
Services (OCS).
Ms. Moss addressed Representative Coghill's concern with
section 5 of the Committee Substitute. She explained that
last year, under the previous law as written in HB 53, OCS
could only discuss the report of harm that involved the
disclosing information in the case of a resulting death. At
that time, the Attorney General's office stipulated that the
agency could only discuss the most recent report of harm
that actually resulted in the death. She clarified that the
revised bill now allows them to discuss any report of harm
once requirements had been met, regarding any child in this
situation.
Ms. Moss also noted that another concern by Representative
Coghill was addressed by Section 7 of the Committee
Substitute. Ms. Moss explained that this amendment resulted
from a situation occurring in Representative Coghill's
district where two teenage children had been placed in a
foster home and foster parents had collected the children's
previous pfd's. In this case, the foster placement did not
work out, but the children's dividends were lost. The bill
stipulates that once a child has been placed in the custody
of OCS, their dividends will accrue until they reach the age
of 18, at which time they will have one year to collect the
dividends.
2:46:09 PM
Ms. Moss pointed out that Section 4 incorporated House Bill
327, by Representative Chenault, requiring that when a
public official requested information, the Department be
given five working days to collect information. She
expressed that the Sponsor was very pleased with the
Committee Substitute, and thought that the language was
excellent.
2:47:16 PM
TAMMY SANDOVAL, DEPUTY COMMISSION FOR THE DEPARTMENT OF
HEALTH AND SOCIAL SERVICES OFFICES OF CHILDREN'S SERVICES
testified regarding the bill. She stated that the original
intent of HB 408 was to comply with federal law. The
"Keeping Children and Families Safe Act" of 2003, amended
the Child Abuse Prevention and Treatment Act (CAPTA), and
enacted new federal requirements for those states receiving
CAPTA funds. She then explained that the bill had been
amended to include a reporting requirement at delivery by a
health care provider determining that a child has been
"adversely affected by or is withdrawing from expose to, a
controlled substance or alcohol". She explained that
Sections 1, 2 & 3 related to reasonable efforts and
involuntary termination of parental rights. She stated that
these sections had been amended to require the court to find
clear and convincing evidence, rather than a preponderance
of evidence, prior to terminating parental rights.
Ms. Sandoval referred to Jan Rutherdale, Assistant Attorney
General, Department of Law, who was online to answer any
questions.
Ms. Sandoval also referred to Section 4, related to
Department of Health and Social Services and the
Administration's disclosure to public officials. Sections 5
and 6 related to disclosure of agency records, amended to
comply with the intent of HB 53, as it relates to disclosing
information about high profile child protection case. She
noted that they had experienced the function of HB 53, and
suggested the new language to provide more transparency and
accountability. She concluded that Section 7 changes
conditions under which OCS could release a child's PFD
account trust monies.
2:49:46 PM
Representative Kerttula asked regarding changing the
evidence standard to clear and convincing, and expressed
concern that currently if the court found by preponderance
of evidence, which was a lower standard, children could be
pulled out for a number of serious circumstances. She asked
how the department of law felt about raising the standard.
2:50:58 PM
JAN RUTHERDALE, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW noted that the amendments involve the termination
statutes only, and not the initial removal, which is under
temporary custody and adjudication. She stated that the
department of law actually pointed out the current problem,
due to the constitutional argument that the standard of
evidence was too low.
2:51:59 PM
Co-Chair Chenault referred to the indeterminate fiscal note,
and asked if OCS would be affected by the requirement to
track permanent fund monies for children until the age of
18. Rep Chenault asked how many children were currently
tracked in this way.
Ms. Sandoval noted that the indeterminate note had been
prepared earlier, but that after clarification about the
intent of the provision with the sponsor, the fiscal note
was changed to zero. She responded that only 17 children in
this year had been placed in guardianship.
2:53:12 PM
Representative Kerttula asked about the section that added
alcohol into the definition of child abuse and neglect. She
noted a concern with section 8 regarding the level of effect
from alcohol that would constitute the definition. She gave
the example that an individual might have consumed alcohol
before knowing they were pregnant, and expressed that she
did not believe this should fall under the definition.
2:54:58 PM
Ms. Rutherdale responded from a legal standpoint that this
section applied only with children born with very obvious
fetal alcohol syndrome, but not when a person had consumed a
minor amount of alcohol prior to knowing they were pregnant.
She stated that other affects of alcohol were not apparent
until a child had entered school age, presenting in a
child's ability to focus, poor judgment ability, etc..
2:56:31 PM
Co-Chair Meyer opened the floor to public testimony. There
was no one available for testimony, and testimony was
closed.
Co-Chair Meyer asked about the indeterminate fiscal note,
and Ms. Rutherdale reiterated that once a confusion had been
clarified, the fiscal note had been reflected as zero.
2:57:50 PM
Ms. Moss explained the concern that, in the way the bill had
been written, OCS would be required to apply for dividends
for children that were no longer in their custody but with a
legal guardian. She explained that dividends were applied
for only when the child was in the custody of OCS; otherwise
their legal guardian would apply.
2:58:35 PM
Co-Chair Chenault MOVED to create a Zero Fiscal Note for
Health and Social Services, Children's Services, Children's
Services Management, Component #2666 (3/07/06). There being
NO OBJECTION, it was so ordered.
2:59:11 PM
Co-Chair Chenault thanked Ms. Sandoval for her good work
resolving cases. He then MOVED to REPORT CS HB408 (FIN) out
of Committee with individual recommendations and 2 zero
fiscal notes (#1, DHSS; New, HFC).
There being NO OBJECTIONS, the bill was passed by UNANIMOUS
CONSENT.
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