Legislature(2015 - 2016)BUTROVICH 205
02/22/2016 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB112 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 112 | TELECONFERENCED | |
SB 112-ADOPTION OF CHILD IN STATE CUSTODY
1:33:39 PM
CHAIR STEDMAN announced the consideration of SB 112.
1:33:45 PM
SENATOR ELLIS moved to adopt the CS for SB 112, labeled 29-
GS1262\N, as the working document before the committee.
CHAIR STEDMAN objected for discussion purposes.
1:34:21 PM
CHRISTY LAWTON, Director, Office of Child Support, Department of
Health and Social Services (DHSS), presented version N of SB
112. She said version N was drafted after conversations between
the department and the Alaska Court System. She expected the
bill to move forward after the remaining details were worked
out. She began by going over the sectional analysis:
Section 1:
Page 1, line 6 - page 2 line 10:
Adds a new section outlining Legislative intent.
Section 2:
Page 2, line 11-14:
Adds a new subsection to AS 13.26.050, which states the venue
for a guardianship proceeding for a child in state custody under
47.10 is the superior court where the child-in-need-of-aid
proceeding is pending, as provided under AS 47.10.111.
1:35:57 PM
CHAIR STEDMAN asked what CINA stands for.
MS. LAWTON explained that it was the Child in Need of Aid
proceedings, which is where all cases of children in state
custody are heard. Probate Court is traditionally where
guardianship and adoption cases are heard.
Section 3:
Page 2, line 15 - 18:
Adds new subsection to 13.26.060 which states that a petitioner
seeking appointment as the guardian of a minor in state custody
under AS 47.10 shall file the petition in the court where the
child-in-need-of-aid proceedings are pending as required under
AS 4710.111.
Section 4:
Page 2, line 19- 22:
Adds a new subsection to AS 25.23.030 which states the venue for
an adoption proceeding for a child in state custody under AS
47.10 is the superior court where the child-in-need-of-aid
proceeding is pending as provided under AS 47.10.111.
Section 5:
Page 2, line 23 - 26:
Adds a new subsection to AS 25.23.080 which states an individual
petitioning to adopt a child in state custody under AS 47.10
shall file the petition for adoption in the court where the
child in-need-of-aid proceedings are pending as required under
AS 47.10.111.
Section 6:
Page 2, line 27 Page 3, line 5:
Amends AS 25.23.100(a) to allow adoption petitions to be held in
abeyance under AS 47.10.111 until the department changes the
permanency from reunification to adoption or legal guardianship.
Section 7:
Page 3, line 6 - Page 4, line 17:
Adds a new subsection (6) stating that in a hearing to review
the permanent plan under AS 47.10.111(c), the court shall make
written findings related to whether the person who filed the
petition or proxy is entitled to placement preference under AS
47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable.
Section 8:
Page 4, line 18 - page 6, line 11:
Adds new section to AS 47.10.111 establishing that the adoption
and legal guardianship proceedings for a child in state custody,
which is considered a child-in-need-of-aid, is initiated within
child-in-need-of-aid proceedings. Proceedings to adopt a child
in state custody are initiated by filing a petition under AS
25.23.080 or "proxy for a formal petition". This section defines
that "proxy for formal petition" means a request by an extended
family member, a member of the Indian child's tribe, a tribe the
Indian child is eligible for enrolment in or a family friend
interested in immediate and permanent placement and adoption or
legal guardianship of an Indian child at any court hearing in a
Child-in-need-of-aid proceeding. Proxy for formal petition may
be conveyed to the department by telephone, mail, facsimile,
electronic mail, or in person. Petitions for adoption or legal
guardianship filed prior to permanency goal being changed to
adoption by the court are held in abeyance until the permanency
goal is changed to adoption or legal guardianship. A person who
files a petition or proxy does not become a party to the child-
in-need-of-aid proceedings and may only participate in
proceedings under this chapter that concern the person's
petition or proxy. A parent who has relinquished parental rights
under AS 47.10.089 or whose parental rights have been terminated
under AS 47.10.088 is not a part to the adoption or guardianship
proceeding under this section. The section allows the department
regulatory authority to implement this section.
Section 9:
Page 6, line 12 - 19:
Amends AS 47.10.990 clarifies the definition of "adult family
member" and in the case of an Indian child, is consistent with
the definition of "adult family member: as defined in 25 U.S.C.
1903
1:40:41 PM
Section 10:
Page 6, line 20 - 26:
Amends AS 47.10.990 clarifies the definition of the term "family
member" and in the case of an Indian child, is consistent the
definitions contained in 25 U.S.C. 1903
Section 11:
Page 6, line 27 - 31:
Amends AS47.10.990 with a new paragraph which defines "family
friend" "Indian child" and Indian child's tribe" has meaning
given in 25 U.S. C. 1903.
Section 12:
Page 7, line 1 - 2:
Amends AS 47.14.100(t) by adding a new paragraph to clarify the
meaning of "family friend" has the meaning given in AS 47.10.990
Section 13:
Page 7, line 3 -9:
Adds to the Direct Court Rule (5) (d) requiring that a petition
to adopt a child in state custody under AS 47.10 must be brought
in the superior court where the child-in-need-of-aid proceeding
is pending as provided under AS 47.10.111
Section 14:
Page 7, line 10- 18.
Adds to the Direct Court Rule (6) (a) (1) subsection (1) an
adoption petition must include the information required by AS
25.23080, except as provided under (a) (4) of this rule.
Section 15:
Page 7, line 19 - 25:
Adds to the Direct Court Rule 6(a) (1) subsection (4) a
proceeding to adopt a child in state custody under AS 47.10 must
comply with AS 47.10.111. A proceeding to adopt a child in state
custody under AS 47.10 shall be heard as part of the child-in-
need-of-aid proceeding.
Section 16:
Page 7, line 26 - page 8, line 13:
Adds to Direct Court Rule and amends the Alaska Child in Need of
Aid Rules of Procedure. Rule 17.3. Petition or proxy for
adoption or legal guardianship of a child under AS 47.10.111.
This subsection establishes that a petitioner may file a
petition or, in the case of an Indian child, a proxy, for
adoption or legal guardianship of a child who is the subject of
a pending child-in-need-of-aid proceeding under AS 4710 in the
same case. If a petition or proxy is filed before the court
approves adoption or legal guardianship as the permanent plan
for the child, the court shall hold the petition in or proxy in
abeyance until the court approves adoption or legal guardianship
as the permanent plan the child under Rule 17.2 and AS
47.10.080. If the child is in an out of home placement but not
in the custody of the petitioner at the time of the petition or
proxy is filed the court shall hold a hearing within 30 days to
review the permanent plan under Rule 17.2 and AS 47.10.080. At
the hearing the court shall, in addition to the findings
required under 17.2 and AS 47.10.080 make findings related to
whether the petitioner is entitled to placement preference under
AS 47.14.100(e) or 25 U.S.C. 1915(a) whichever is applicable.
Section 17:
Page 8, line 14 - 21:
Adds uncodified law that if enacted by Sections 2 - 8 and
sections 13 - 16 of this act apply to proceedings for adoption
or legal guardianships of a child in state custody under AS
47.10 filed on or after the effective date of sections 2 - 16 of
this Act.
Section 18:
Page 8, line 22 - 27:
Adds a new section allowing the Department of Health and Social
Services authority to adopt regulations to implement this Act.
The regulations take effect under AS 44.62 (Administrative
Procedure Act), but not before the effective date of the law
implemented by the regulation.
Section 19:
Page 8, line 28 - Page 9, line 1:
Adds uncodified law that takes effect only if sections 13 - 16
of this act receive the two-thirds majority vote of each house
required by article IV Section 15, Constitution of the State of
Alaska.
Section 20:
Page 9, line 2:
Section 18 of this Act takes effective immediately under AS
01.10.070
1:42:30 PM
CHAIR STEDMAN withdrew his objection to the adoption of the CS
and version N was adopted.
1:42:58 PM
MS. LAWTON provided the history of the iteration of the bill.
She recalled the controversial hearing of the Tununak v. State
of Alaska case last year by the Alaska Supreme Court that
resulted in a change law. The case involved a tribal child
enrolled in the village of Tununak, the child's grandmother, and
her non-Native, non-relative foster family. The case was making
its way through the Alaska Supreme Court at the same time as a
case - the Baby Girl Veronica Case - in South Carolina was
making its way through the U.S. Supreme Court. The U.S. Supreme
Court ruling impacted the ruling of the Alaska Supreme Court.
Following the Tununak ruling, the law was changed and emergency
regulations were enacted.
She related that under current law, any persons seeking to adopt
a child in the custody of the Department of Health and Social
Services must file a formal petition for adoption. The adoption
hearing would then be heard in a probate proceeding, which is
separate from the CINA proceedings. This creates challenges to
the adoption process because a CINA case is unique.
She stated that SB 112 seeks to align the adoption of CINA under
AS 47.10 and allow the department to develop alternatives to the
formal adoption petition for Indian children that are currently
required under AS 25.23.080. The bill would improve department
compliance with the Indian Child Welfare Act and support tribal
partnerships and efforts. She concluded that the conjoining of
adoption and guardianship proceedings into CINA proceedings will
streamline the process, provide better access for family members
and members of the tribe, and decrease costs to the state.
1:45:25 PM
KATIE LYBRAND, Assistant Attorney General, Civil Division,
Department of Law, offered to answer questions related to SB
112.
1:46:07 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System, testified on SB 112. She noted there remained a
few issues to work out to ensure that the Court System can
implement SB 112. Some changes in version N reflect those
discussions between the department and the Court System, but
several more changes are needed.
CHAIR STEDMAN noted it was early in the process and he expected
the bill to be worked on.
1:47:32 PM
REPRESENTATIVE KELLY asked about the Tununak adoption where a
child was placed in a foster care family, which later adopted
the child, and no family members came forward to request
adoption. He asked if there were problems with the adopting
family.
MS. MEADE said there were no problems with the adopting family;
the relative did not come forward and a non-native family
adopted the child. The issue was whether the Native relative
should have filed a petition to adopt. The U.S. Supreme Court
found that there must be a filing by the Native family to adopt
in order to let everyone know of their interests. This bill
would allow a proxy for a petition to be filed.
REPRESENTATIVE KELLY asked what a proxy is.
MS. MEADE said it is something "short of a petition" such as a
form anyone can file. The bill would allow an oral request in
lieu of a piece of paper. It would allow a person with limited
English proficiency or knowledge of how the court system works
to express a request to adopt a Native child.
1:50:48 PM
REPRESENTATIVE KELLY questioned where the case went wrong since
the relative never came forward.
MS. MEADE understood that the person was not known to the court
until after the adoption occurred. The Supreme Court said that
something must be filed and suggested the process be made easier
for family and tribal members, which led to the bill. It is an
easier way to let Natives with preference inform the court.
REPRESENTATIVE KELLY asked if the person had limited language
issues.
1:52:18 PM
MS. LAWTON did not know. She said in the case of Tununak, the
grandmother had informed the court and the department of her
intention to adopt, but the case was in the process of deciding
who should get permanent custody when the U.S. Supreme Court
came out with their ruling that said the relative must file a
formal petition to adopt. The foster family had filed a formal
petition, but the grandmother had not. By creating a process for
a proxy, the department is trying to make the process easier for
Native relatives to adopt by oral request. Later on in the
process, the Native relative will have to file a petition.
REPRESENTATIVE KELLY asked if a tribe can use a proxy on behalf
of a family member.
MS. LAWTON said yes.
REPRESENTATIVE KELLY pointed out that it goes way beyond the
grandmother.
MS. LAWTON said yes. It considers the Indian Child Welfare Act
preferences for adoption and guardianships. Non-native relatives
of Native children also have access to this process.
1:54:37 PM
SENATOR STOLTZE said it seems that the court is looking out for
the best interests of the child and OCS is politicalizing the
issue.
MS. MEADE noted the Court System is neutral on the bill and is
trying to make it work. There are several concerns that remain,
such as non-Native children covered by the bill and the scope of
the bill.
SENATOR STOLTZE asked if they are neutral because it is an
active case.
MS. MEADE said the case has been resolved by the Alaska Supreme
Court.
CHAIR STEDMAN noted there was public hearing on the bill during
a previous hearing.
1:56:31 PM
SENATOR GIESSEL moved to report CSSB 112(HSS), labeled 29-
GS1262\N, from committee with individual recommendations and
attached zero fiscal note. There being no objection, it was so
ordered.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 112(HSS) v.N.pdf |
SHSS 2/22/2016 1:30:00 PM |