Legislature(2025 - 2026)BUTROVICH 205

03/31/2025 01:30 PM Senate JUDICIARY

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Audio Topic
01:31:08 PM Start
01:31:38 PM SB9
02:24:56 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 9 SURRENDER OF INFANTS; INF. SAFETY DEVICE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
        SB   9-SURRENDER OF INFANTS; INF. SAFETY DEVICE                                                                     
                                                                                                                                
            [CSSB 9(HSS) was before the committee.]                                                                             
                                                                                                                                
1:31:38 PM                                                                                                                    
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 9                                                                   
"An Act relating to the surrender of infants; and providing for                                                                 
an effective date."                                                                                                             
                                                                                                                                
CHAIR CLAMAN said this is the first hearing of SB 9 in the                                                                      
Senate Judiciary Committee. He invited the bill sponsor and his                                                                 
staff to present the bill.                                                                                                      
                                                                                                                                
1:31:58 PM                                                                                                                    
SENATOR MYERS, speaking as sponsor, introduced SB 9, stating:                                                                   
                                                                                                                                
     Alaska  was among  the last  in the  country to  pass a                                                                    
     safe surrender law in 2008.  The law allows a parent to                                                                    
     surrender  a newborn  up to  21 days  old to  a doctor,                                                                    
     nurse, peace officer, firefighter,  or any other person                                                                    
     who can reasonably  be expected to care  for the child.                                                                    
     Since  that bill  was passed,  nine  infants have  been                                                                    
     safely  surrendered,  but  we  have  also  had  infants                                                                    
     recently found  abandoned in the state,  sometimes with                                                                    
     the infant  found after passing away,  two in Anchorage                                                                    
     and  one in  Fairbanks that  we're aware  of. While  we                                                                    
     don't know  every individual's  motivation, we  do hear                                                                    
     anecdotally that  shame and fear of  recognition can be                                                                    
     barriers  to people  surrendering their  infants safely                                                                    
     to a person rather than abandoning them.                                                                                   
                                                                                                                                
     SB 9  provides a solution to  those problems. Following                                                                    
     22  other states,  it creates  the legal  framework for                                                                    
     infant  safety devices  to be  installed at  hospitals,                                                                    
     fire  stations,  police   stations,  health  facilities                                                                    
     owned or  managed by a  tribal health  organization, or                                                                    
     other  appropriate facilities.  SB  9  defines what  an                                                                    
     infant safety device is and  where it may be installed;                                                                    
     they must be:                                                                                                              
                                                                                                                                
     • Climate controlled.                                                                                                      
                                                                                                                                
     • Have an automatic lock.                                                                                                  
                                                                                                                                
     •  Be installed in a conspicuous place with appropriate                                                                    
        signage.                                                                                                                
                                                                                                                                
     • Have 24-hour video surveillance.                                                                                         
                                                                                                                                
     •  Immediately trigger  a  call to  the  911 system  to                                                                    
        dispatch emergency services in the event that an                                                                        
        infant is surrendered.                                                                                                  
                                                                                                                                
     Mr. Chair,  I do  also want to  quickly note  what this                                                                    
     bill will not  do. It does not  mandate installation of                                                                    
     these devices.  The facilities in question  still would                                                                    
     have to  consent to installing  one. The bill  does not                                                                    
     pay  for these  devices. We  have already  been assured                                                                    
     that  there is  private  funding  available to  install                                                                    
     them.  And,  in  fact,  one reason  that  we  have  put                                                                    
     forward this bill is because  a group in Fairbanks went                                                                    
     to the  hospital and  offered to pay  for one  of these                                                                    
     devices  to be  installed. They  were told  no, because                                                                    
     the hospital  was concerned that the  law, as currently                                                                    
     written, only  allows for safe surrender  directly to a                                                                    
     personSB   9  remedies that  problem.  I  also want  to                                                                    
     note, Mr. Chair, that while my  office has been reached                                                                    
     out  to  by different  groups  in  inspiration for  the                                                                    
     bill,  we did  not work  with any  corporation on  this                                                                    
     draft.  My office  compared  policies  from across  the                                                                    
     nation and  chose to have  the language in SB  9 mirror                                                                    
     language   that   unanimously   passed   the   Maryland                                                                    
     legislature in 2024.  Mr. Chair, this is a  tool in the                                                                    
     toolbox  to save  lives. With  the  problem of  infants                                                                    
     still being  abandoned on  the side  of the  road still                                                                    
     happening,  we  hope that  adding  this  tool can  help                                                                    
     address the  problem. Again, thank you  for hearing the                                                                    
     bill.                                                                                                                      
                                                                                                                                
1:34:58 PM                                                                                                                    
CHAIR CLAMAN announced Senator Stevens joined the meeting.                                                                      
                                                                                                                                
1:35:05 PM                                                                                                                    
THERESA WOLDSTAD, Staff, Senator Robert Myers, Alaska State                                                                     
Legislature, Juneau, Alaska, paraphrased the sectional analysis                                                                 
for SB 9, version G:                                                                                                            
                                                                                                                                
                    SB 9 Sectional Analysis                                                                                   
                                                                                                                                
       "An Act relating to the surrender of infants; and                                                                        
               providing for an effective date."                                                                                
                                                                                                                                
     Section 1: AS 47.10.013 (c)  Page 1, Lines 3-15 Page 2,                                                                
     Lines 1-18.                                                                                                              
          Authorizes an infant safety device as a location                                                                      
     a parent  may safely  surrender an  infant. Establishes                                                                    
     appropriate  locations  for   devices.  Authorizes  the                                                                    
     Commissioner  of  Family   and  Community  Services  to                                                                    
     designate other appropriate facilities and locations.                                                                      
                                                                                                                                
     Section 2: AS 47.10.013(d) Page  2, Line 19-31, Page 3,                                                                
     Lines 1-2.                                                                                                               
          Amends AS 47.10.013(d) with conforming statutory                                                                      
     references as made in section one.                                                                                         
                                                                                                                                
     Section 3: AS 47.10.013(e) Page 3, Line 3-6.                                                                           
          Amends AS 47.10.013(e) with conforming language                                                                       
     which adds "designated" to authorized facilities.                                                                          
                                                                                                                                
1:35:53 PM                                                                                                                    
MS. WOLDSTAD continued presenting the sectional analysis:                                                                       
                                                                                                                                
     Section 4:  AS 47.10.013  Page 3,  Lines 7-31,  Page 4,                                                                
     Lines 1 - 17.                                                                                                            
          Requires a designated facility to notify the                                                                          
     nearest  office   of  the  Department  of   Family  and                                                                    
     Community   Services   that    an   infant   has   been                                                                    
     surrendered.  Establishes  that  the  Department  shall                                                                    
     consider  the appropriate  size,  safety,  and ways  to                                                                    
     minimize  unauthorized uses  in determining  whether to                                                                    
     approve   a   proposed   infant  safety   device.   The                                                                    
     Department  may  provide  training to  employees  of  a                                                                    
     designated   facility   regarding  implementation   and                                                                    
     compliance  with Alaska  safe  surrender  laws. If  the                                                                    
     Department  determines that  the surrendered  infant is                                                                    
     an  Indian  child,  the department  shall  contact  the                                                                    
     Indian child's tribe immediately.                                                                                          
          Establishes   requirements   for   infant   safety                                                                    
     devices,  including  a conspicuous  location,  climate-                                                                    
     control,   appropriate   signage,  an   automatic   911                                                                    
     emergency  dispatch  request  system,  24-  hour  video                                                                    
     surveillance  system,  and   automatic  security  lock.                                                                    
     Appropriate signage  must include a phone  number for a                                                                    
     support  service   for  parents  in  crisis,   list  of                                                                    
     alternatives  to   using  the  device,   and  statement                                                                    
     clarifying  that device  use  may  lead to  involuntary                                                                    
     termination of  the parent's rights and  release of the                                                                    
     child for adoption or other permanent placement.                                                                           
                                                                                                                                
     Section 5: Page 4, Line 18.                                                                                            
          Establishes an effective date for the bill of                                                                         
     July 1, 2026.                                                                                                              
                                                                                                                                
1:38:04 PM                                                                                                                    
SENATOR STEVENS said  a similar bill came  before the legislature                                                               
many  years ago.  He  recalled that  the  earlier bill  purposely                                                               
removed video  surveillance to  preserve the  level of  privacy a                                                               
parent  might want  and to  avoid  situations in  which a  parent                                                               
would be unwilling to drop off  a child if they were identifiable                                                               
in the video. He asked the bill sponsor to address this concern.                                                                
                                                                                                                                
1:38:31 PM                                                                                                                    
SENATOR  MYERS  replied that  video  surveillance  refers to  the                                                               
interior of the  device for the purpose of  monitoring the child.                                                               
He  explained  that  SB  9 does  not  propose  instituting  video                                                               
surveillance of the parent dropping off the child.                                                                              
                                                                                                                                
1:38:56 PM                                                                                                                    
SENATOR TOBIN asked how, if  someone uses a safe-surrender device                                                               
for  an  infant,  the  state  can  be  assured  that  the  person                                                               
surrendering the child  has the legal right to do  so and has the                                                               
informed consent of the other biological parent.                                                                                
                                                                                                                                
SENATOR MYERS replied that if the  person dropping off is not the                                                               
custodial  parent, that  is  kidnapping. He  figured  that, if  a                                                               
kidnapping occurred,  the party  responsible for the  child would                                                               
have already  made a  missing child report.  He explained  that a                                                               
kidnapping report would top law enforcement priority list.                                                                      
                                                                                                                                
1:40:10 PM                                                                                                                    
SENATOR TOBIN  asked how  the assumption  is verified  that every                                                               
child   surrendered  at   a   safe-surrender   device  is   being                                                               
relinquished with  proper consent. She asked  how the individuals                                                               
retrieving the infant from the  device would know that the person                                                               
surrendering the  child had the legal  right to do so.  She noted                                                               
the  assertion  that  an   improper  surrender  could  constitute                                                               
kidnapping,  but questioned  how  law enforcement  would know  to                                                               
investigate if no  report had been filed. She said  that based on                                                               
prior testimony, there  are no cameras outside the  device and no                                                               
ability  to  capture  identifying   information.  She  said  this                                                               
creates  an  assumption,  or presumption,  that  the  infant  was                                                               
safely surrendered  with the consent of  both biological parents,                                                               
and she asked how that consent can be confirmed.                                                                                
                                                                                                                                
1:40:58 PM                                                                                                                    
SENATOR  MYERS  deferred to  the  Office  of Children's  Services                                                               
(OCS) to respond.                                                                                                               
                                                                                                                                
1:41:07 PM                                                                                                                    
CHAIR CLAMAN directed the question to Ms. Guay of OCS.                                                                          
                                                                                                                                
1:41:20 PM                                                                                                                    
KIM  GUAY,  Division  Director, Office  of  Children's  Services,                                                               
Department of  Family and  Community Services  (DFCS), Anchorage,                                                               
Alaska,  replied   that  OCS  often  encounters   children  whose                                                               
caretakers are  no longer  willing to provide  care, and  in some                                                               
cases  the agency  receives children  without  knowing where  the                                                               
parents  are. She  said OCS  makes efforts  to locate  parents in                                                               
those situations. She  stated that if an  infant were surrendered                                                               
in a device, OCS would still  be obligated to identify and notify                                                               
the parents  and family members  if their identities  were known.                                                               
She  noted that  when someone  other than  a parent  surrenders a                                                               
child, parents typically return  quickly upon realizing the child                                                               
is no  longer in their  care. She said  the process would  be the                                                               
same for any child or infant:  OCS would take the child into care                                                               
and identify  an appropriate placement.  She stated that  in past                                                               
safe-surrender situations, OCS has  always been able to determine                                                               
who the  parents are. She said  this allows the agency  to notify                                                               
the family and determine what  occurred, rather than treating the                                                               
situation as a kidnapping.                                                                                                      
                                                                                                                                
1:42:50 PM                                                                                                                    
CHAIR CLAMAN sought confirmation  that if a grandparent delivered                                                               
a  child to  a safe-surrender  location at  the direction  of the                                                               
parent, that action would constitute  permission to surrender the                                                               
child and would not be considered a kidnapping.                                                                                 
                                                                                                                                
SENATOR MYERS  affirmed that would  not fall under the  status of                                                               
kidnapping because  the parent  gave permission.  He said  it was                                                               
the parent's  intention, so  he expressed  his belief  that would                                                               
not be a problem.                                                                                                               
                                                                                                                                
1:43:33 PM                                                                                                                    
SENATOR  TOBIN noted  that  in the  chair's  scenario, the  other                                                               
parent did not give consent.                                                                                                    
                                                                                                                                
SENATOR  TOBIN  asked   how  OCS  finds  who  the   parent  of  a                                                               
surrendered  child is,  and in  a  case where  no information  is                                                               
provided, what the  process is to determine  a parent's identity.                                                               
She  said   a  child  placed   in  a  safe-surrender   device  is                                                               
essentially  abandoned, without  identifying information,  and no                                                               
way to know from where they came or who they are.                                                                               
                                                                                                                                
MS.  GUAY replied  that OCS  typically learns  the identity  of a                                                               
surrendered  infant  through community  members,  or  at times  a                                                               
parent  will contact  OCS  to report  that  they surrendered  the                                                               
child.                                                                                                                          
                                                                                                                                
1:44:27 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
1:44:51 PM                                                                                                                    
CHAIR CLAMAN reconvened the meeting.                                                                                            
                                                                                                                                
1:45:02 PM                                                                                                                    
MS. GUAY continued  her answer, stating that  OCS generally finds                                                               
out  who the  parent is  through community  providers or  through                                                               
direct  contact   with  the  parent.   She  said   OCS  typically                                                               
identifies  the  mother first,  and  then  OCS seeks  information                                                               
about the father or the tribe if the child is Alaska Native.                                                                    
                                                                                                                                
1:45:33 PM                                                                                                                    
SENATOR TOBIN  said SB 9  indicates that a safe-surrender  box is                                                               
intended to  ensure the  anonymity of  the biological  parent who                                                               
surrenders an  infant. She sought confirmation  that according to                                                               
OCS testimony,  anonymity is  not guaranteed  because OCS  has an                                                               
obligation to identify the parents.                                                                                             
                                                                                                                                
MS GUAY replied,  yes that is correct. She  expressed her belief,                                                               
however, that  the box  would still  provide some  anonymity. She                                                               
stated that most  children are surrendered directly  to a person,                                                               
and although  not always,  OCS usually learns  who the  parent is                                                               
through community providers. She  said a safe-surrender box could                                                               
provide more  anonymity and reduce  the perception of  shame some                                                               
parents feel  when they are overwhelmed  and not in a  good place                                                               
to parent a newborn.                                                                                                            
                                                                                                                                
1:46:36 PM                                                                                                                    
SENATOR  TOBIN   requested  data  and  research   supporting  the                                                               
assertion that parents  may feel shame or  have related concerns,                                                               
so the committee can evaluate that information.                                                                                 
                                                                                                                                
MS. GUAY  replied that  she did  not have  data available  at the                                                               
moment and was speaking from  her twenty-five years of experience                                                               
in child welfare,  during which she has seen parents  who want to                                                               
do  right  by  their  babies  but  who  may  be  struggling  with                                                               
substance  use,  mental  health  issues,  domestic  violence,  or                                                               
lifestyle challenges.                                                                                                           
                                                                                                                                
1:47:19 PM                                                                                                                    
SENATOR KIEHL asked whether state  law specifies an age limit for                                                               
an infant to qualify for safe surrender.                                                                                        
                                                                                                                                
SENATOR MYERS replied that Alaska law specifies 21 days.                                                                        
                                                                                                                                
SENATOR KIEHL  said that when  an infant is  surrendered directly                                                               
to a peace  officer, firefighter, or first responder,  the age of                                                               
the  child is  presumably one  of the  questions on  their intake                                                               
checklist. He asked  what procedure applies when  a 23-day-old or                                                               
a four-week-old infant is placed in a safe-surrender box.                                                                       
                                                                                                                                
SENATOR MYERS said OCS has created  a form that is distributed to                                                               
peace  officers and  firefighters.  If the  parents are  willing,                                                               
they would  complete the form.  It would go  in the box  with the                                                               
baby. He deferred to OCS for further detail.                                                                                    
                                                                                                                                
MS. GUAY  said OCS would  still take  the child into  custody and                                                               
attempt to locate  a relative or family friend  for placement. If                                                               
that is  not possible, the  child would  be placed with  a foster                                                               
family. She said the infant  would enter the child-in-need-of-aid                                                               
process and  that OCS  would seek to  expedite permanency  so the                                                               
child would not remain in foster care for an extended period.                                                                   
                                                                                                                                
1:49:30 PM                                                                                                                    
SENATOR KIEHL sought  confirmation that the difference  is that a                                                               
parent of  a four-week-old child  who abandons the infant  in the                                                               
box  is  subject  to prosecution  for  abandonment,  whereas  the                                                               
parent of a twenty-one-day-old child would not.                                                                                 
                                                                                                                                
MS. GUAY replied yes, that is correct.                                                                                          
                                                                                                                                
SENATOR KIEHL asked about the  size of the safe-surrender box and                                                               
who would construct it.                                                                                                         
                                                                                                                                
SENATOR  MYERS  replied that  he  was  aware  of at  least  three                                                               
companies  that  manufacture the  devices.  He  said the  box  is                                                               
generally  designed to  fit an  infant-sized bassinet  similar to                                                               
those used  in hospitals. He  stated that it is  relatively small                                                               
but built to accommodate a bassinet  and a couple of other pieces                                                               
of equipment.                                                                                                                   
                                                                                                                                
1:50:51 PM                                                                                                                    
SENATOR KIEHL asked whether the  safe-surrender box is built to a                                                               
specific  set of  standards  to ensure  it is  not  too small  or                                                               
otherwise poses a risk to an infant.                                                                                            
                                                                                                                                
SENATOR MYERS  replied that the boxes  have been in use  for some                                                               
time and were  first authorized in Indiana in 2016.  He said they                                                               
have  undergone  real-life  testing.   He  deferred  to  OCS  for                                                               
additional details about the safe-surrender box.                                                                                
                                                                                                                                
1:51:33 PM                                                                                                                    
CHAIR CLAMAN directed the question to Ms. Guay.                                                                                 
                                                                                                                                
MS. GUAY  replied that  she has  not personally  seen a  box, but                                                               
believes they  are designed for  infants who are not  yet capable                                                               
of rolling over or moving around  too much. She said she does not                                                               
have  enough  information to  answer  the  question in  full  and                                                               
deferred to the  bill sponsor's staff for more  details about the                                                               
device.                                                                                                                         
                                                                                                                                
1:52:05 PM                                                                                                                    
CHAIR  CLAMAN directed  the question  to Ms.  Woldstad, the  bill                                                               
sponsor's staff.                                                                                                                
                                                                                                                                
1:52:10 PM                                                                                                                    
MS. WOLDSTAD  replied that she has  a copy of the  patent. It has                                                               
been  used across  the  U.S.  in multiple  states.  She said  the                                                               
packet  of  materials contains  examples  of  other states  where                                                               
these baby  boxes are  in use.  She stated  that age  limits vary                                                               
among  states  and believes  one  state  allows surrender  up  to                                                               
approximately two months of age.  She explained that the bassinet                                                               
used  in the  device is  similar to  the standard  size found  in                                                               
medical facilities. At  a facility using the box,  a parent would                                                               
place the  infant inside  the compartment  where the  bassinet is                                                               
located.  She said  box designs  differ  and some  models do  not                                                               
contain  a bassinet  but instead  use a  foam-insulated pad  that                                                               
allows an infant a small  amount of mobility. She emphasized that                                                               
the child  is not  kept in  the box for  an extended  period. She                                                               
cited a  recent case  in Tennessee  in which  emergency personnel                                                               
retrieved  a  surrendered infant  within  two  minutes. She  said                                                               
safety of the  child is the priority, which is  why SB 9 requires                                                               
safety  features  such as  climate  control,  monitoring, and  an                                                               
alarm system.                                                                                                                   
                                                                                                                                
1:53:53 PM                                                                                                                    
CHAIR  CLAMAN announced  invited testimony  on SB  9 and  invited                                                               
State Senator Mike McKay of  Maryland to identify himself for the                                                               
record and proceed with his testimony.                                                                                          
                                                                                                                                
1:54:22 PM                                                                                                                    
MIKE  MCKAY,  State  Senator,  District  1,  State  of  Maryland,                                                               
Annapolis, Maryland,  gave invited testimony  on SB 9.  He stated                                                               
that Maryland has had safe-haven laws  for a couple of years. The                                                               
original  law  allowed  a  responsible   adult  to  surrender  an                                                               
unharmed  newborn up  to ten-days-old.  He  said the  legislature                                                               
recently  expanded that  age  limit to  sixty  days and  formally                                                               
enacted the safe-haven program. He  said the safe-haven boxes are                                                               
monitored twenty-four hours a day  and are equipped with an alert                                                               
system that  activates automatically when  the box is  opened. He                                                               
explained that the alert notifies  the 911 system and immediately                                                               
dispatches emergency medical  services. If the box  is located at                                                               
a hospital  or a twenty-four-hour public  safety facility staffed                                                               
by firefighters or emergency  medical personnel, those responders                                                               
are notified  to retrieve  the infant  within minutes.  He stated                                                               
that the boxes  are climate controlled to ensure  infants are not                                                               
exposed to unsafe temperatures. He  said one point of interest is                                                               
that the Maryland  General Assembly is known to  pass bills based                                                               
on  compassion,  not  necessarily   bills  that  are  politically                                                               
motivated, and  this was the  case for the safe-haven  policy. He                                                               
said the  safe-haven legislation passed unanimously,  one hundred                                                               
thirty-five to  zero in the House  and forty-five to zero  in the                                                               
Senate.  He said  that since  2007  Maryland had  seven cases  in                                                               
which  infants  were  not safely  surrendered  but  instead  were                                                               
abandoned in unsafe locations and did not survive.                                                                              
                                                                                                                                
1:58:17 PM                                                                                                                    
CHAIR  CLAMAN thanked  the state  senator from  Maryland for  his                                                               
testimony.                                                                                                                      
                                                                                                                                
1:59:04 PM                                                                                                                    
SENATOR  KIEHL  expressed  concern   about  the  potential  risks                                                               
associated with  an anonymous drop  box, such  as a child  who is                                                               
not the  appropriate size  or age,  or an infant  who is  able to                                                               
rollover from  back to front  and becomes caught in  the bedding,                                                               
noting that two  minutes may be all the infant  has. He asked who                                                               
the  bill  sponsor  envisions  as  responsible  for  establishing                                                               
standards for  response times and minimum  facility requirements.                                                               
He emphasized that  the last outcome members want  is a situation                                                               
in which,  in an effort to  save lives, a device  is created that                                                               
results in the death of a child.                                                                                                
                                                                                                                                
SENATOR MYERS replied  that this was part of the  reason the bill                                                               
identified   police   stations,   fire  stations,   and   medical                                                               
facilities  as potential  locations.  He said  the bill  included                                                               
these   entities   because   they   already   understand   safety                                                               
considerations or, in the case  of additional locations, would be                                                               
approved by  the commissioner through  regulation. He  said these                                                               
are facilities that maintain oversight  sufficient to ensure that                                                               
a surrender  location has adequate emergency  medical support and                                                               
acceptable  response  times.  He  noted that  fire  stations  and                                                               
police stations  have personnel on  duty, and  medical facilities                                                               
are typically open  around the clock, such as  hospitals and some                                                               
clinics. He  reiterated that SB  9 does not mandate  any facility                                                               
install a safe-surrender  device. He said a  facility may decline                                                               
if  it determines  it  is not  positioned  to meet  response-time                                                               
expectations.  He noted  that a  community  with slower  response                                                               
times may  not view  itself as an  appropriate location.  He said                                                               
the bill  attempts to  strike a balance  and expressed  hope that                                                               
medical   professionals   would   be   aware   of   response-time                                                               
limitations if a facility is not open twenty-four hours a day.                                                                  
                                                                                                                                
2:02:28 PM                                                                                                                    
SENATOR TOBIN referred to page  4, lines 1315.  She asked whether                                                               
this  subsection sufficiently  satisfies  the requirements  under                                                               
the Indian  Child Welfare Act.  She further asked how  DFCS would                                                               
determine whether an abandoned infant  is a tribal member and, if                                                               
so, to which tribe the child belongs.                                                                                           
                                                                                                                                
MS. GUAY replied  that there is not a specific  test to determine                                                               
which tribe an  infant belongs to or whether the  child is Alaska                                                               
Native. She  said that  based on past  infant surrenders,  OCS is                                                               
able  to  find a  parent  or  family  member  of the  child.  She                                                               
explained that OCS  has policies that outline how  to determine a                                                               
child's  tribal  affiliation and  follows  the  same process  for                                                               
safe-surrendered infants as it does  for other children who enter                                                               
OCS custody. She provided the  policy number OCS uses to identify                                                               
an infant's tribe.                                                                                                              
                                                                                                                                
2:04:11 PM                                                                                                                    
SENATOR   TOBIN  asked   whether  that   process  satisfies   the                                                               
requirements  under  the  Indian  Child Welfare  Act.  She  asked                                                               
whether  the department's  current  procedures  fully meet  those                                                               
requirements, or  whether complications could arise  later due to                                                               
a surrender in which there is  no ability to know who surrendered                                                               
the child.                                                                                                                      
                                                                                                                                
MS. GUAY  replied that she did  not know of a  situation in which                                                               
OCS was  unable to find the  parents of a surrendered  child. She                                                               
said that sometimes it takes a  couple of days, but OCS typically                                                               
learns who  the child belongs  to. She  stated that OCS  at times                                                               
struggles  to  identify  the  father  and  may  need  to  conduct                                                               
paternity testing. She  noted that in some cases  the mother does                                                               
not know who  the father is, resulting in an  unknown father. She                                                               
said those  situations would  be the same  whether the  child was                                                               
safely  surrendered or  not,  since OCS  would  still attempt  to                                                               
gather information about the parents  and then identify relatives                                                               
and tribes. She said she was  not sure if this fully answered the                                                               
question,  but that  it was  likely the  closest explanation  she                                                               
could provide.                                                                                                                  
                                                                                                                                
2:05:35 PM                                                                                                                    
SENATOR  TOBIN said  the United  Nations opposes  these types  of                                                               
boxes because  they can perpetuate  the perception  that children                                                               
who  are  surrendered  are fatherless,  family-less,  or  without                                                               
identity, which she said is not  the case. She stated that when a                                                               
child is  surrendered, the child has  an identity and a  right to                                                               
that identity, which  is what the UN articulates.  She said every                                                               
child has a right  to know who they are and  where they are from.                                                               
She  expressed understanding  of  the desire  to  keep an  infant                                                               
alive, noting that  a child cannot know who they  are if they are                                                               
not alive. She said, however, that  there are many layers to this                                                               
issue,  and she  has a  lot  of discomfort  with this  particular                                                               
approach.                                                                                                                       
                                                                                                                                
2:06:30 PM                                                                                                                    
CHAIR CLAMAN  said the packet  of materials identifies  that nine                                                               
infants have  been surrendered since  the safe-surrender  law was                                                               
enacted. He asked whether, of  those nine infants, the department                                                               
was unable to identify both parents.                                                                                            
                                                                                                                                
SENATOR MYERS deferred to Ms. Guay.                                                                                             
                                                                                                                                
CHAIR CLAMAN directed the question to Ms. Guay.                                                                                 
                                                                                                                                
MS.  GUAY replied  that she  does not  recall, stating  that safe                                                               
surrenders  are  infrequent,  and  she does  not  have  all  that                                                               
information  on those  nine infants.  She said,  anecdotally, for                                                               
many of  them, OCS was  able to  identify the mother  and father.                                                               
Some  of the  infants  returned  back to  the  parents after  OCS                                                               
assisted.                                                                                                                       
                                                                                                                                
CHAIR CLAMAN  sought confirmation that  she was referring  to the                                                               
infant, that OCS returned infants back to the parents.                                                                          
                                                                                                                                
MS.  GUAY  answered in  the  affirmative.  She stated  that  some                                                               
infants  were returned  after OCS  put services  in place,  while                                                               
others were  adopted by  family, friends,  or through  the foster                                                               
care system.                                                                                                                    
                                                                                                                                
2:07:46 PM                                                                                                                    
CHAIR CLAMAN asked  whether, in her experience,  she recalled any                                                               
cases  in  which  the  department was  unable  to  identify  both                                                               
parents.  He asked  whether, even  in situations  where a  parent                                                               
gave a child up  for adoption and did not wish  to be involved in                                                               
parenting, there  had ever been  an occasion when  the department                                                               
could not identify both parents.                                                                                                
                                                                                                                                
MS. GUAY  replied that  she only has  anecdotal stories  but does                                                               
not  have hard  data. There  are times  when OCS  is not  able to                                                               
identify  fathers.  She  recalled horrific  situations  in  which                                                               
teenagers had  infants without their parents'  knowledge, and the                                                               
infants  died because  the teenagers  did  not know  what to  do.                                                               
These situations are infrequent but  have occurred in Alaska. She                                                               
stated  that  she does  not  have  hard  data  on how  many  safe                                                               
surrenders involve an  unidentified father. She said  that as far                                                               
as mothers, she  is fairly confident that in almost  every case a                                                               
mother has been identified.                                                                                                     
                                                                                                                                
2:09:24 PM                                                                                                                    
SENATOR STEVENS requested information  on how many infants passed                                                               
away from being abandoned and exposed.                                                                                          
                                                                                                                                
MS. GUAY replied that she does  not have hard numbers, but to the                                                               
best of  her recollection,  two infants in  the last  five years.                                                               
She said that is her best estimate.                                                                                             
                                                                                                                                
2:10:05 PM                                                                                                                    
SENATOR MYERS  replied that his  office was aware of  three cases                                                               
since 2013 in  which an infant was abandoned  and found outdoors.                                                               
In  two of  those cases,  both in  Anchorage, the  infants passed                                                               
away before they  were found. He said the third  case occurred in                                                               
Fairbanks  in 2022,  and the  infant  was found  alive, which  he                                                               
considered  remarkable  because  it   was  New  Year's  Eve,  the                                                               
temperature was  about zero degrees,  and the wind chill  was ten                                                               
below.                                                                                                                          
                                                                                                                                
2:10:49 PM                                                                                                                    
CHAIR CLAMAN  brought up the  nine safe-surrender  cases, stating                                                               
that OCS was  not completely certain about those  cases. He asked                                                               
how it is that the bill  sponsor seems to have a better certainty                                                               
of them than OCS.                                                                                                               
                                                                                                                                
SENATOR MYERS  replied that  he received  the information  on the                                                               
nine cases from  the department and that he  simply requested the                                                               
numbers. He  said his office had  not asked whether OCS  was able                                                               
to identify both  parents in those cases. He said  he could reach                                                               
out to the department about that.                                                                                               
                                                                                                                                
CHAIR  CLAMAN requested  that he  follow up  with the  department                                                               
because  he  is  specifically   interested  in  those  nine  safe                                                               
surrender cases.  He said  those appear  to be  part of  the same                                                               
structure, and  so to the  extent that OCS always  identifies the                                                               
parents, he believes  that the notion of a  true, anonymous, safe                                                               
surrender, does not, in reality, happen.                                                                                        
                                                                                                                                
CHAIR CLAMAN  asked whether  it is fairly  common for  fathers to                                                               
remain  unknown or  is  OCS fairly  successful  in finding  their                                                               
identities.                                                                                                                     
                                                                                                                                
2:12:32 PM                                                                                                                    
MS.  GUAY replied  that  OCS often  conducts  paternity tests  to                                                               
establish who  the father is. She  said that in a  large majority                                                               
of  cases,  OCS  is  able  to identify  the  father.  She  noted,                                                               
however, that there are some cases  in which the father cannot be                                                               
identified.  She  said  she  did  not  know  the  percentage  but                                                               
estimated that  in approximately  five to  ten percent  of cases,                                                               
OCS is unable to identify a father for a child in the family.                                                                   
                                                                                                                                
2:13:03 PM                                                                                                                    
CHAIR CLAMAN asked  whether she could recall any  cases where OCS                                                               
was unable to identify the mother.                                                                                              
                                                                                                                                
MS. GUAY replied that she could not recall any case.                                                                            
                                                                                                                                
2:13:17 PM                                                                                                                    
CHAIR CLAMAN announced invited testimony on SB 9.                                                                               
                                                                                                                                
2:14:06 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:14:44 PM                                                                                                                    
CHAIR CLAMN reconvened  the meeting and moved down  the agenda to                                                               
public testimony.                                                                                                               
                                                                                                                                
2:15:18 PM                                                                                                                    
CHAIR CLAMAN opened public testimony on SB 9.                                                                                   
                                                                                                                                
2:15:42 PM                                                                                                                    
PAMELA SAMASH,  representing self,  Nenana, Alaska,  testified in                                                               
support  of SB  9, stating  that infant-saving  devices exist  in                                                               
several states  across the  country and  that Alaska  should have                                                               
them due to its extreme  weather conditions. She said these life-                                                               
saving boxes provide  a very scared or traumatized  mother a warm                                                               
and  safe  place to  surrender  her  child while  respecting  her                                                               
privacy. She  said the boxes also  contain information explaining                                                               
the mother's  rights and  encourage her  to obtain  medical care.                                                               
she  stated, as  a result,  the mother  and child  are respected,                                                               
cared for, safe, and warm.                                                                                                      
                                                                                                                                
MS. SAMASH  said SB  9 does  not cost the  state money  and noted                                                               
that organizations and churches are  prepared to help pay for the                                                               
boxes. She  stated that  when an  infant passes  away due  to the                                                               
elements, many  people suffer, but  the infant suffers  the most.                                                               
She  said the  mother will  carry the  pain for  the rest  of her                                                               
life,  and first  responders will  never forget  the moment  they                                                               
took the call or responded to  the scene. She urged the committee                                                               
to  help  prevent   another  tragedy  by  supporting   SB  9  and                                                               
encouraging others to do the same.                                                                                              
                                                                                                                                
MS. SAMASH said  that when a baby is privately  surrendered in an                                                               
infant-saving  device and  the person  is unknown,  an individual                                                               
who  wants to  surrender a  child secretly  faces two  choices: a                                                               
frozen park bench or a warm  baby box. She said the broader point                                                               
is that the infant is likely  in danger and whatever is happening                                                               
at  home is  not safe.  She said  the infant  needs a  warm place                                                               
where responders will  arrive quickly. She stated that  SB 9 does                                                               
not change existing  law but provides warmth  instead of allowing                                                               
an infant to succumb to  the elements. She emphasized that saving                                                               
the child's  life is the  highest priority and that  OCS policies                                                               
apply  afterward. She  said  that  if a  child  freezes to  death                                                               
first, then it is too late.                                                                                                     
                                                                                                                                
2:18:26 PM                                                                                                                    
CHAIR CLAMAN closed public testimony on SB 9.                                                                                   
                                                                                                                                
2:18:33 PM                                                                                                                    
CHAIR CLAMAN reopened invited testimony on SB 9.                                                                                
                                                                                                                                
2:18:58 PM                                                                                                                    
FRANCES   ROBINSON,   Dispatcher,  Anchorage   Fire   Department,                                                               
Municipality  of  Anchorage,   Anchorage,  Alaska,  provided  the                                                               
following invited testimony in support of SB 9:                                                                                 
                                                                                                                                
     I am a dispatcher for  the Anchorage Fire Department. I                                                                    
     want  to thank  you  for hearing  this  bill today  and                                                                    
     thank  you  to Senator  Myers  for  bringing this  bill                                                                    
     forward. I appreciate being able  to go on record in my                                                                    
     support for  SB 9.  In October 2013,  I answered  a 911                                                                    
     call for  a baby  that had been  abandoned in  a public                                                                    
     park  and found  deceased  by a  gentleman walking  his                                                                    
     dog. He had heard the  baby crying the night before but                                                                    
     had been unable to locate  the baby until the following                                                                    
     morning. I want  to believe that the  mother wanted her                                                                    
     baby to  be found since she  left the baby in  a public                                                                    
     park.  SB 9  allows for  the expansion  of the  current                                                                    
     safe-haven  law and  would have  provided an  anonymous                                                                    
     option for this mother to  safely surrender her baby in                                                                    
     an  infant safety  device.  Despite  the current  safe-                                                                    
     haven  law,  Anchorage  has had  two  abandoned  infant                                                                    
     deaths.  The one  I experienced  in  October 2013,  and                                                                    
     another  in  November 2024,  just  one  block from  our                                                                    
     downtown  fire station,  where they  could have  safely                                                                    
     surrendered the  infant. There have been  two abandoned                                                                    
     infants found  in cardboard boxes in  Anchorage in 1986                                                                    
     and, in Fairbanks, in inclement  weather in December of                                                                    
     2021. These  illegal abandonments show us  that mothers                                                                    
     are seeking to keep their identity secret.                                                                                 
                                                                                                                                
     SB 9  does not  change the  current safe-haven  law but                                                                    
     allows for the  safe surrender of an infant  21 days or                                                                    
     less in an  infant safety device without  fear of being                                                                    
     recognized, the  stigma associated with  the surrender,                                                                    
     or the  fear of  prosecution due  to lack  of knowledge                                                                    
     and misunderstanding  of the safe-haven law.  It is the                                                                    
     only option  of safe  surrender that  offers anonymity.                                                                    
     Confidentiality is not anonymity.                                                                                          
                                                                                                                                
     The  devices  are for  approved  sites  and are  secure                                                                    
     medical  bassinets  that  are   monitored  and  have  a                                                                    
     temperature-controlled   environment  to   address  the                                                                    
     concern  about blankets.  The ones  that I've  seen are                                                                    
     just  a  fitted  sheet; again,  they  are  temperature-                                                                    
     controlled.  Each  box  has  a  resource  bag  for  the                                                                    
     surrendering parent  that can be catered  to each city.                                                                    
     They  can include  medical  information, legal  rights,                                                                    
     and the  National Human  Trafficking Hotline.  They are                                                                    
     voluntary  and do  not require  funding  by the  local,                                                                    
     state,  or federal  government.  The  states that  have                                                                    
     these  infant safety  devices have  had a  reduction in                                                                    
     illegal abandonment.  Ultimately, our  goal is  to save                                                                    
     the lives  of infants.  I believe  we can  achieve that                                                                    
     with the passage of SB  9, expanding the current safety                                                                    
     of the  law that would  allow for safe surrender  in an                                                                    
     infant safety device. This  concludes my testimony, and                                                                    
     I'd be happy to answer any questions.                                                                                      
                                                                                                                                
2:21:38 PM                                                                                                                    
SENATOR STEVENS asked what the criminal penalty is for a person                                                                 
who abandons a child who dies.                                                                                                  
                                                                                                                                
SENATOR MYERS replied that he does not recollect off the top of                                                                 
his head; however, there is an abandonment law in statute. He                                                                   
deferred to OCS.                                                                                                                
                                                                                                                                
2:22:15 PM                                                                                                                    
CHAIR CLAMAN directed the criminal  law question to OCS and asked                                                               
her to cite the abandonment statute if she knows it.                                                                            
                                                                                                                                
MS. GUAY replied that she  does not have that information readily                                                               
available.                                                                                                                      
                                                                                                                                
SENATOR MYERS said the statute is AS 11.81.500.                                                                                 
                                                                                                                                
2:22:55 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
2:23:54 PM                                                                                                                    
CHAIR CLAMAN  reconvened the meeting.  He said AS 11.81.500  is a                                                               
statute that  prohibits prosecution  for safe surrender;  it does                                                               
not identify the  criminal section. He asked the  bill sponsor to                                                               
work on collecting that information before the next hearing.                                                                    
                                                                                                                                
2:24:37 PM                                                                                                                    
CHAIR CLAMAN held SB 9 in committee.                                                                                            

Document Name Date/Time Subjects
SB 9 Version G.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Version G Sponsor Statement.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Version G Sectional Analysis.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Explanation of Changes ver I to ver G.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Research- ADN news Fairbanks Abandoned Infant 1.3.2022.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Research- APM news Anchorage Abandoned Infant 11.6.2024.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Research- Table. State Comparison Infant Safety Devices Requirements.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Written Testimony Recieved as of 2.25.25.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Letters of Support received as of 3.28.25.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Fiscal Note FCS-CSM 2.14.25.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Fiscal Note DOH-HFLC 2.14.25.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Fiscal Note DPS-AST 2.14.25.pdf SJUD 3/31/2025 1:30:00 PM
SB 9
SB 9 Letter of Opposition- Stop Safe Haven Baby Boxes Now 3.30.25.pdf SJUD 3/31/2025 1:30:00 PM
SB 9