Legislature(2025 - 2026)BUTROVICH 205
04/08/2025 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB36 | |
| SB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 36 | TELECONFERENCED | |
| += | SB 88 | TELECONFERENCED | |
SB 88-CHILD PLACEMENT; DILIGENT SEARCH
4:23:03 PM
CHAIR DUNBAR reconvened the meeting and announced the
consideration of SENATE BILL NO. 88 "An Act relating to
placement of a child in need of aid; relating to adoption;
relating to variances for foster care licenses; relating to the
medical records of children in foster care; and providing for an
effective date."
4:23:38 PM
SENATOR JESSE BJORKMAN, District D, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 88. He said the legislation aims
to improve outcomes for foster children by enhancing family
searches, codifying foster families' right to request hearings
so judges have all relevant evidence for placement decisions. He
said SB 88 ensures that children under six who have been in
foster care over 12 months have their mental well-being and best
interests considered when evaluating placement options.
4:25:14 PM
CHAIR DUNBAR solicited a motion.
4:25:19 PM
SENATOR GIESSEL moved to adopt the committee substitute (CS) for
SB 88, work order 34-LS0397\G, as the working document.
4:25:29 PM
CHAIR DUNBAR objected for purposes of discussion.
4:26:07 PM
ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State
Legislature, Juneau, Alaska, offered a summary of changes for SB
88:
[Original punctuation provided.]
SUMMARY OF CHANGES
CSSB 88: CHILD PLACEMENT; DILIGENT SEARCH
34-LS0397 Version A to Version G
Section 1
Page 1, line 10: Adds "with whom the child has resided
for at least 18 months" after "or a child's foster
parent."
Section 3
Page 3, line 13: Amends existing statute to
specifically apply to children six years of age and
older.
Page 3, line 18: Changes the length of placement with
a foster family seeking adoption from 12 months to 24
months. This change is made to reflect that child
welfare case delays can easily extend past 12 months.
Page 3, line 19: Adds new language instructing that
the department must find clear and convincing evidence
that continued placement with the foster family is in
the best interest of the child to place the child,
rather than reunification with the adult family
member.
Section 6
Page 6, line 4: Adds new language instructing that the
department must find clear and convincing evidence
that continued placement with the foster family is in
the best interest of the child, rather than
reunification with the adult family member. Also
extends the required placement period from 12 to 24
months.
Sections 2, 4, 5, 7 8 and 9
No changes are made.
4:27:39 PM
At ease.
4:28:23 PM
CHAIR DUNBAR reconvened the meeting.
4:28:30 PM
SENATOR HUGHES asked for Senator Bjorkman's thoughts regarding
the changes to SB 88.
4:28:53 PM
SENATOR BJORKMAN replied that the current changes to SB 88
reflect committee work to address concerns and make members
comfortable with the subject matter. He said the changes
represent necessary adjustments to advance the bill through the
legislative process.
4:29:25 PM
SENATOR HUGHES asked for confirmation that the original language
was the sponsor's preference.
4:29:36 PM
SENATOR BJORKMAN replied, yes.
4:29:57 PM
SENATOR CLAMAN asked, for purposes of the status quo compared to
the legislation in the CS for SB 88, what is the standard of
proof the court uses to decide a child's placement when up for
adoption and how does the foster family's status as a potential
adoptive family factor into that decision.
4:30:25 PM
LINDA BEECHER, Deputy Public Defender, Alaska Department of
Administration, Anchorage, Alaska, answered questions on SB 88.
She replied that she didn't understand the question and asked
for clarification.
4:30:34 PM
SENATOR CLAMAN asked what standard of proof the court applies
when determining placement for a child who is currently
available for adoption under existing law, and how does the
foster family's status as a potential adoptive placement factor
into that decision under current legal standards and practice.
4:31:05 PM
MS. BEECHER replied that foster parents already have
opportunities to participate in child welfare proceedings.
However, SB 88 creates a specific legal right for them to engage
directly in litigation. Courts primarily focus on the child's
best interests and permanency plan, as governed by existing
permanency statutes.
4:32:22 PM
SENATOR CLAMAN asked whether, under current law, a foster family
with long-term care of a child has any standing to influence
placement decisions when a relative from out of state seeks to
adopt or if the system favors the relative despite the child's
established relationship with the foster family.
4:33:22 PM
MS. BEECHER replied that current law already allows these issues
to be addressed, though delays possibly harm children, families,
and relatives. She suggested that improving social work
practices, conducting thorough searches for relatives promptly,
and holding timely court hearings would better prevent placement
challenges than the proposed legislation.
4:34:32 PM
SENATOR CLAMAN asked for confirmation that under current law,
foster families may be considered as potential placements yet,
do not have the legal right to participate as a party in
adoption hearings.
MS. BEECHER replied that foster families can receive notice and
be allowed to speak in court, often aligning with another party,
however foster families do not have the legal right to intervene
as a party. She proposed that legislation could increase
litigation in child welfare cases.
SENATOR CLAMAN asked if under SB 88 and the committee
substitute, a foster family that has cared for a child for at
least 18 months would gain the right to appear as a legal party,
have counsel, and have the court hear their position.
4:36:34 PM
MS. BEECHER replied that the distinction is between being
present in court to advocate, even with counsel, and being
granted full party status, which carries additional legal rights
and represents a substantive change in the litigation.
4:37:08 PM
SENATOR CLAMAN referenced the CS to SB 88, lines 10-13, and said
he interprets those lines to mean that a foster parent who has
cared for a child for at least 18 months may request a hearing,
present evidence, and meet a clear and convincing standard,
which suggests party status. He asked whether that
interpretation was correct.
4:37:49 PM
MS. BEECHER responded that granting foster parents party status
would give them additional litigation rights. She said this
includes access to information and discovery, placing them on
equal footing with parents, guardians' ad litem, and tribes, and
significantly altering the structure and balance of the child
welfare system.
SENATOR CLAMAN noted that a key aspect of the legislation is a
significant change to the current adoption process by granting
party standing to foster families who do not have that standing
under current law.
4:39:02 PM
SENATOR BJORKMAN stated that this provision does not grant
foster parents party status or discovery rights. He noted this
was clarified with the court system in the prior legislature and
emphasized that, in practice, the language simply confirms that
foster parents may request a hearing without making them a legal
party to the case.
4:40:40 PM
LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, answered questions on SB 88. She
replied that version G of the bill clearly states that foster
parents may request a hearing regarding a proposed transfer
though, do not become parties to the case and are not entitled
to publicly appointed counsel. She said these provisions were
deliberately included after concerns were raised about foster
parents gaining party status, and the language was carefully
negotiated with the court system, the Office of Public Advocacy,
and other stakeholders to ensure SB 88 preserves the existing
balance of rights while clarifying what foster parents are
permitted to do under current practice.
4:41:54 PM
CHAIR DUNBAR removed his objection. He found no further
objection and CSSB 88 was adopted as the working document.
4:42:20 PM
SENATOR HUGHES noted that she did not object to the adoption of
SB 88 even so, she expressed concern that changes removed
requirements for a prospective caregiver to demonstrate prior
contact with the child. She is concerned this could disrupt
bonded relationships and affect the child's welfare. She stated
that she prefers the earlier version of the bill on that point.
She said she would support moving the bill forward.
4:43:15 PM
SENATOR CLAMAN appreciated the clarification that foster parents
requesting a hearing do not become parties to the case and noted
that SB 88 still grants them greater standing than they
currently have. He observed that this expanded standing raises
important legal questions about how adoption proceedings will
function, describing the provision as a thoughtful and
meaningful addition to SB 88.
4:44:35 PM
CHAIR DUNBAR noted that Alaska's policy strongly favors family
reunification and that SB 88 represents a substantial change in
certain cases. However, he appreciated the sponsor's work over
the past two sessions to add guardrails, such as clarifying that
foster parents do not become parties to the case and expects
continued discussion as the bill moves forward.
4:45:38 PM
CHAIR DUNBAR solicited the will of the committee.
4:45:41 PM
SENATOR GIESSEL moved to report CSSB 88, work order 34-LS0397\G,
from committee with individual recommendations and attached
fiscal note(s).
4:45:57 PM
CHAIR DUNBAR found no objection and CSSB 88(HSS) was reported
from the Senate Health and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 36 Native Village of Hoooper Bay v. Christy Lawton 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36 Fiscal Note DFCS Version N 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36 Fiscal Note Judiciary Version N 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36 Kwinkagak v. State 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36-Document with links to relevant court cases 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36-Court Case Excerpts-3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36 N Version 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36 Sponsor Statement Version N 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| HB 36 Sectional Analysis Version N 3.28.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
HB 36 |
| SB 88 Summary of Changes Version A to Version G 4.7.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
SB 88 |
| SB 88 SHSS CS Version G 4.5.25.pdf |
SHSS 4/8/2025 3:30:00 PM |
SB 88 |