04/13/1993 09:30 AM Senate FIN

                                                                               
  CS FOR SENATE BILL NO. 45(HES):                                              
                                                                               
       An Act  relating  to persons  under  21 years  of  age;                 
       providing  for  designation  of  shelters  for  runaway                 
       minors; relating to the detention and  incarceration of                 
       minors; and providing for an effective date.                            
                                                                               
  CO-CHAIR DRUE PEARCE announced that  CSSB 45(FIN) work draft                 
  "K"  was before the  committee.  SENATOR  GEORGE JACKO MOVED                 
  for adoption of the "K" version  of CSSB 45(FIN) work draft.                 
  Hearing no objections, IT WAS SO ORDERED.                                    
                                                                               
  JERRY BURNETT, staff to Senator Phillips, sponsor of SB  45,                 
  spoke to the  CSSB 45(FIN) work draft "K".  He said that the                 
  amendment adopted  at the  last Senate  Finance meeting  had                 
  been  incorporated  into this  work draft.   In  Section 14,                 
  changes  were  made giving  a  police officer  discretion in                 
  deciding whether a minor  should be given a choice  of going                 
  home or entering a runaway home or program.                                  
                                                                               
  End SFC-93 #56, Side 1                                                       
  Begin SFC-93 #58, Side 1                                                     
                                                                               
  SHERRIE GOLL, Alaska  Women's Lobby & KIDPAC,  spoke to CSSB
(FIN).    She said  that  the  bill seeks  to  address the                 
  growing,   serious  problem  of   homeless  youth   in  many                 
  communities  of  the state.   She  spoke  in support  of the                 
  system of safe homes  this bill would create.   However, she                 
  said that she had serious concerns with Sections 3 through 8                 
  which pertain to the emancipation of a minor, and said these                 
  sections carried a serious policy change for the state.  She                 
  explained  that in  these sections,  parents  may emancipate                 
  their child  at 16  years of  age, basically  divorcing them                 
  when they become a teenager.  She explained that this can be                 
  done  without  the consent  of the  minor  and is  a serious                 
  change in Alaska statute and spoke in opposition to it.  Ms.                 
                                                                               
                                                                               
  Goll  felt  that  the  a   non-custodial  parent  should  be                 
  contacted  and  that  option  should   be  included  in  the                 
  legislation.                                                                 
                                                                               
  CO-CHAIR  STEVE  FRANK asked  Senator  Phillips to  speak to                 
  Sections  3  through 8.    SENATOR  RANDY PHILLIPS  said  he                 
  recognized  that  CSSB 45(FIN)  was not  perfect but  was an                 
  intent to address a  problem, and try to balance  the rights                 
  of the parent and child in difficult situations.                             
                                                                               
  Co-chair Pearce  said that  she shared  Ms. Goll's  concern.                 
  She said she understood that the  judge would continue to go                 
  through the same  procedure even if this  legislation should                 
  pass  and that  the minor  would not be  emancipated without                 
  being included in the procedure.   The judge would decide if                 
  it was in the  best interests of all parties involved.  What                 
  this bill  did was add the  ability of a parent  to petition                 
  for emancipation of a minor child.  Co-chair Frank said that                 
  his understanding  was that  the Office  of Public  Advocacy                 
  would  continue to represent children's interests before the                 
  court.   He asked  if the  Office of  Public Advocacy  would                 
  represent the minor  in these situations.   Senator Phillips                 
  said that he did not know but felt that they would do that.                  
                                                                               
  DONNA SCHULTZ, Associate Coordinator, Division of Family and                 
  Youth Services, Department of Health & Social Services, said                 
  she felt that  a minor  would have a  right to an  attorney.                 
  Ms. Goll said  that Section 7, which is part  of the current                 
  statutes, does say that the court may appoint an attorney or                 
  a guardian.  She said that in earlier legislation the Office                 
  of  Public Advocacy  would not have  been able  to represent                 
  minors.   She was opposed  to such legislation  since minors                 
  would be even more in need of representation.  She wanted to                 
  point out  that during  the children's  caucus meeting,  the                 
  Tough Love organization had given a presentation.  It seemed                 
  that even in  their description of  a case with a  difficult                 
  minor, this organization was committed to keeping the family                 
  together and  would not  want to  exacerbate the  problem of                 
  homeless youth.                                                              
                                                                               
  SENATOR JAY KERTTULA said  he understood that the Office  of                 
  Public Advocacy could handle a whole  range of problems.  He                 
  would not want the organization to be removed.  He said that                 
  he might  offer a  letter of  intent to  this effect  on the                 
  floor.                                                                       
                                                                               
  Co-chair Frank MOVED  a conceptional  amendment to say  that                 
  "in   granting  the  emancipation,  the  court  shall  first                 
  consider the non-custodial parent's  willingness and ability                 
  to  assume  custody."    No   objections  being  heard,  the                 
  amendment was ADOPTED.                                                       
                                                                               
  Co-chair Frank MOVED for passage of CSSB 45(FIN)  as amended                 
  from   committee  with   individual  recommendations.     No                 
                                                                               
                                                                               
  objections being  heard, CSSB  45(FIN) was  REPORTED OUT  of                 
  committee with a "do pass," and with three zero fiscal notes                 
  for the Department of Law, Department of  Public Safety, and                 
  Department of Labor, and fiscal notes for the Department  of                 
  Health & Social Services for $74.0, and for the Alaska Court                 
  System  for  $20.1.   Co-chairs  Frank and  Pearce, Senators                 
  Kelly, Jacko, Rieger,  and Sharp voted  "do pass."   Senator                 
  Kerttula voted "no recommendation."