Legislature(2011 - 2012)BUTROVICH 205
03/14/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB21 | |
| SCR1 | |
| SB82 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 21 | TELECONFERENCED | |
| *+ | SCR 1 | TELECONFERENCED | |
| *+ | SB 82 | TELECONFERENCED | |
SB 82-FOSTER CARE LICENSING/STATE CUSTODY
1:56:52 PM
CHAIR DAVIS announced the next order of business would be SB 82.
[SSSB 82 was before the committee.] She asked for a motion to
adopt the proposed committee substitute (CS).
SENATOR EGAN moved to adopt the proposed CS for SSSB 82, labeled
27-LS0500/I, as the working document.
CHAIR DAVIS objected for discussion purposes.
CELESTE HODGE, staff to Senator Bettye Davis, introduced SB 82
for Senator Davis, the sponsor. This bill seeks to achieve
permanency for older children in foster care by making small but
very significant changes that better prioritize the needs of
foster children. Permanency for children in the custody of
Office of Children's Services (OCS) is best achieved through
reunification with the child's parent, or failing that option
through adoption or guardianship. If these three options are not
available, an alternate form of permanency is through another
planned permanent living arrangement (APPLA). This bill seeks to
insure the APPLA option is not used unnecessarily, by providing
guidelines for OCS and the court as to when APPLA should be
used.
Although OCS attempts to keep siblings together when they enter
foster care, this bill creates a statutory presumption that
siblings be placed in the same home when possible; when such a
placement is not possible, the bill requires an OCS supervisor
to document in the file the efforts made and the reason for
separation.
SB 82 also requires extra steps before releasing a child from
custody. The child must be given ample notice, and OCS must show
that release from custody is in the child's best interest.
The bill also allows a variance to be granted for licensing of
foster homes. If a potential foster home cannot meet the
building code requirements to be a licensed foster home, this
bill allows a variance to be granted if the home is consistent
with the construction of other homes in the community, and is
otherwise a safe environment for the child.
SB 82 requires that paperwork mandated for foster parent
licensing be streamlined as much as possible.
2:00:19 PM
SENATOR MEYER asked for an explanation of the changes between
the different versions.
CHAIR DAVIS responded her office asked for a new CS but didn't
receive it until about one hour ago. The Department of Law had
some concerns with the prior version, but has approved this
version.
REPRESENTATIVE LES GARA, sponsor of HB 33, a companion bill in
the House, said he would explain the changes from the original
bill. He wanted to make sure that if there was an appropriate
rural placement in the child's home community, the child would
be allowed to stay there. If it is the most preferable placement
and is otherwise safe, this bill clarifies that OCS can a grant
a variance from its building code rules for foster homes, to the
extent allowed by federal law.
There is also a technical change to make sure the guardian ad
litem and the child know that foster care is about to end; this
requires 30 days' notice before a court hearing ending foster
care.
2:04:52 PM
SENATOR MEYER asked about the reading program.
REPRESENTATIVE GARA responded a provision in the original bill
required OCS to accept volunteer free books from the Imagination
Library. OCS is making progress on this issue, so they took out
the provision requiring it.
SENATOR DYSON said he appreciates the bill, and asked if most of
the changes are things that OCS has been trying to do.
REPRESENTATIVE GARA replied that was correct. Sometimes policy
doesn't make it down to the social workers, or the director
changes and policy changes. That is why they want these
provisions in statute.
SENATOR DYSON asked is the general policy reflected in OCS
regulations and manuals.
REPRESENTATIVE GARA responded a lot of policies are not in the
written guidelines. For example, under APPLA there is no attempt
to find the child a permanent home. The OCS director recently
said the division has been using APPLA too much. They are trying
to get social workers to use it less frequently.
SENATOR MEYER asked if the bill substitutes "child" for "minor."
REPRESENTATIVE GARA answered last year legislation was passed
allowing foster care to be extended to age 21 from age 20.
Legislative Legal Services said that bill should have used 21
instead of 20 in places, and changed from "minor" to "child."
These are technical changes.
SENATOR MEYER asked if a person is still a minor at age 21.
REPRESENTATIVE GARA replied that mistake should have been
caught. At 19 a person is no longer a minor, and now that foster
care can be extended to age 21, that person is not a minor, but
does fit within the definition of a child.
2:10:50 PM
AMANDA METIVIE, Statewide Coordinator, Facing Foster Care in
Alaska, testified in support of SB 82. She said that APPLA
allows young people to age out of foster care; a youth could be
in state custody at 16 or 17 and living in a shelter, not even
necessarily in a foster home. Many of them end up homeless or
incarcerated, and many are on public assistance. Youth aging out
of the system need more help than they have been receiving.
People are being released from custody at age 18 without notice.
Also, the sibling provision would allow siblings to remain
together.
TRACY SPARTZCAMBELL, Deputy Director, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
said they have worked with Representative Gara on technical
changes to the bill and have no issues with the CS changes.
JAN RUTHERDALE, Assistant Attorney General, Child Protection
Section, Department of Law, said there are no legal problems
with the bill.
CHAIR DAVIS said the committee would bring the bill back on
Wednesday in order to allow more time for review.
2:14:23 PM
SENATOR DYSON said he is assuming the bill addresses OCS
intentions and current policy.
MS. SPARTZCAMBELL answered yes.
SENATOR DYSON asked if the changes were contained in regulations
and manuals.
MS. SPARTZCAMBELL said they are outlined in the OCS policy and
procedure manual.
2:15:09 PM
SENATOR DYSON said he always worries that a law might narrow
things down too much, but he doesn't see that in this bill.
MS. RUTHERDALE said as a practical matter the notice provision
could be shortened; the court can weigh evidence if everyone is
in agreement. It is difficult to craft legislation for every
possible variance, but the intent is to give the child notice.
The bill also makes clear that APPLA deals with older children.
One possible change would be to say APPLA may be considered only
for a child age 16 or older.
2:17:40 PM
SENATOR DYSON said he would recommend a change allowing the
flexibility to give less than 60 days' notice, in the case where
a child wants to be released from custody, and asked if foster
parents are included in the notice.
MS. RUTHERDALE replied they are already required by statute to
be notified. She also noted DOL decided "child" was a better
word than "minor." A child can be in the system past age 18 and
they are not a minor, but still a child. To remain in the system
after age 19 they must consent.
2:20:17 PM
CHAIR DAVIS held SB 82 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB21 CS 27-LS0154D.pdf |
SHSS 3/14/2011 1:30:00 PM |
HB 21 |
| HB21__Sponsor_Statement.pdf |
SHSS 3/14/2011 1:30:00 PM |
HB 21 |
| SCR1 Bill.pdf |
SHSS 3/14/2011 1:30:00 PM |
|
| SCR1 Committee Substitute.pdf |
SHSS 3/14/2011 1:30:00 PM |
|
| SCR1 Sponsor Statement.pdf |
SHSS 3/14/2011 1:30:00 PM |
|
| HB21 Fiscal Note.pdf |
SHSS 3/14/2011 1:30:00 PM |
HB 21 |
| SB82 Fiscal Note.pdf |
SHSS 3/14/2011 1:30:00 PM |
SB 82 |