03/16/2016 01:30 PM Senate JUDICIARY

           SB 112-ADOPTION OF CHILD IN STATE CUSTODY                                                                        
                                                                                                                                
1:42:42 PM                                                                                                                    
VICE  CHAIR COGHILL  announced  the consideration  of SB  112. He                                                               
noted that  this was the first  hearing and version P  was in the                                                               
packets. He  listed the  individuals who  would present  the bill                                                               
and provide information.                                                                                                        
                                                                                                                                
1:43:56 PM                                                                                                                    
CHRISTY LAWTON,  Director, Office  of Children's  Services (OCS),                                                               
Department of  Health and Social  Services (DHSS),  introduced SB
 on  behalf of  the administration.  She explained  that cases                                                               
from the  Alaska Supreme  Court and the  U.S. Supreme  Court were                                                               
the impetus  for the  bill. The Alaska  Supreme Court  cases were                                                               
Tununak  I and  Tununak II  involving a  non-Native, non-relative                                                               
foster family  seeking to  adopt a Native  child and  the child's                                                               
biological grandmother who  was also trying to adopt  her. At the                                                               
same  time, the  U.S. Supreme  Court was  hearing a  similar case                                                               
termed  Baby Girl  Veronica.  It was  a  contested adoption  from                                                               
South  Carolina between  a non-Native,  non-family member  foster                                                               
family  and the  biological father.  The U.S.  Supreme Court  was                                                               
first to rule and  said a formal petition had to  be filed for an                                                               
individual to be recognized as a potential adoptive placement.                                                                  
                                                                                                                                
In the  Tunanak case, the  grandmother on more than  one occasion                                                               
had voiced  interest in adopting  her grandchild, but  she didn't                                                               
file a  petition. It wasn't  a requirement  at the time.  But the                                                               
foster family had  filed a petition and the  Alaska Supreme Court                                                               
decided  in  favor of  the  foster  family. While  that  decision                                                               
followed  the rule  of  the land,  it  virtually disregarded  the                                                               
federal Indian  Child Welfare Act  (ICWA) that lays  out adoption                                                               
placement preferences starting with  relatives, followed by other                                                               
tribal members.                                                                                                                 
                                                                                                                                
To address  the procedural impediment  of filing a  petition, the                                                               
notion  of a  proxy  was  created. A  family  member  of a  child                                                               
subject to  ICWA could use the  proxy to articulate, in  any form                                                               
available, their  interest in  the immediate  permanent placement                                                               
of the relative child. The proxy  would serve as a placeholder to                                                               
preserve and apply  the adoption preferences under  ICWA. It does                                                               
not discount the  ability of anyone else to also  file a petition                                                               
for  the court  to consider.  The Office  of Children's  Services                                                               
(OCS) would  then move through  the typical process for  Child in                                                               
Need of  Aid matters. OCS  would make a recommendation  about the                                                               
placement and  the court eventually  would make the ruling.  If a                                                               
competing adoption  petition were  filed, both  would be  held in                                                               
abeyance  until   the  CINA  case   was  ripe  for   an  adoption                                                               
determination.                                                                                                                  
                                                                                                                                
MS. LAWTON highlighted the amendments  to the bill that allow the                                                               
idea of  one judge  one family under  one roof.  These provisions                                                               
require  that  all the  filings  for  an adoption  proceeding,  a                                                               
guardianship proceeding,  or a civil  custody proceeding  that is                                                               
also connected  to a Child in  Need of Aid matter  or a dependent                                                               
of  the  state matter,  must  occur  under the  CINA  proceeding.                                                               
Typically, this is  the same judge from the beginning  to the end                                                               
of the  case. These  petitions currently  are heard  in different                                                               
courts and OCS  believes this change would be  beneficial for all                                                               
families  in  Alaska. It  will  streamline  the workload,  reduce                                                               
barriers  for  families,  and create  efficiencies  so  decisions                                                               
could  be made  more  quickly  and allow  more  children to  exit                                                               
foster  care  in  a  more   timely  fashion.  Under  the  current                                                               
procedure, a judge  who is hearing a CINA matter  is reluctant to                                                               
release custody until  the civil custody matter  is resolved, and                                                               
the  civil custody  judge  often  is reticent  to  make a  ruling                                                               
without first  knowing which  parent is  most appropriate  in the                                                               
CINA  case. She  noted that  provisions in  the bill  do allow  a                                                               
departure from the one judge one  court notion if all the parties                                                               
agree.  This would  accommodate  parties that  live in  different                                                               
judicial districts  and can  agree on  the jurisdiction  in which                                                               
the adoption and final hearing would occur.                                                                                     
                                                                                                                                
MS. LAWTON reported that OCS has  worked with its partners at the                                                               
Public Defender Agency, the Office  of Public Advocacy, the Court                                                               
System,  and  private  adoption attorneys  trying  to  make  this                                                               
workable for everyone.                                                                                                          
                                                                                                                                
1:52:05 PM                                                                                                                    
SENATOR COSTELLO asked if anyone could  use a proxy, not just the                                                               
biological family or relative.                                                                                                  
                                                                                                                                
MS. LAWTON replied  the proxy is available  to those individuals,                                                               
Native or  non-Native, who  are related to  the Indian  or Alaska                                                               
Native child, a  tribal member of the child's tribe  or the tribe                                                               
to which  the child  is eligible  to enroll, or  a member  of the                                                               
tribe  to  which  the  parent  is  enrolled.  The  proxy  is  not                                                               
available  to someone  who  is  a non-related  entity  such as  a                                                               
family friend or  foster family. Those individuals  would need to                                                               
file a petition.                                                                                                                
                                                                                                                                
CHAIR  COSTELLO  asked  how  the  proxy  is  documented,  and  if                                                               
preference is  given to the party  that first files the  proxy or                                                               
petition.                                                                                                                       
                                                                                                                                
MS. LAWTON  acknowledged that  OCS still  has work  to do  on the                                                               
specifics, but  when someone says  they want  to use a  proxy for                                                               
immediate and  permanent placement  of the child,  the caseworker                                                               
will need  to create a report  on permanency that is  provided to                                                               
the court. OCS  will be conveying in writing  through that report                                                               
that the  individual initiated  the use of  the proxy  and stated                                                               
their intent.  OCS then goes  through its evaluation  process and                                                               
reports that  to the court.  The department doesn't  envision the                                                               
need to fill  out a form initially, but that  does not negate the                                                               
need to  file a petition  eventually if the individual  or family                                                               
is selected. The petition is a  legal document and is part of the                                                               
process.                                                                                                                        
                                                                                                                                
She deferred to Ms. Lybrand to respond to the second question.                                                                  
                                                                                                                                
CHAIR  COSTELLO restated  the question  asking  if preference  is                                                               
given to the person who files the first proxy or petition.                                                                      
                                                                                                                                
1:55:10 PM                                                                                                                    
KATY  LYBRAND,   Assistant  Attorney  General,   Civil  Division,                                                               
Department of Law, answered no, that is just a placeholder.                                                                     
                                                                                                                                
VICE CHAIR COGHILL asked if  someone could articulate their proxy                                                               
if they live in a different jurisdiction than the CINA case.                                                                    
                                                                                                                                
MS.  LAWSON said  yes,  provided they're  related  to the  child.                                                               
Responding to  a further  question, she  confirmed that  the work                                                               
would then be done in the jurisdiction of the CINA matter.                                                                      
                                                                                                                                
VICE CHAIR  COGHILL asked  if any  other state  has used  a proxy                                                               
like this.                                                                                                                      
                                                                                                                                
MS. LAWTON said she wasn't aware of any.                                                                                        
                                                                                                                                
MS.  LYBRAND  said she  wasn't  aware  of  any states  that  have                                                               
enacted similar  legislation, but  the Baby Girl  Veronica ruling                                                               
only came out in 2013.                                                                                                          
                                                                                                                                
VICE  CHAIR COGHILL  offered his  understanding of  the way  that                                                               
ICWA  works in  Alaska and  commented that  it makes  Alaska very                                                               
unique.                                                                                                                         
                                                                                                                                
1:58:18 PM                                                                                                                    
RICK ALLEN, Director,  Office of Public Advocacy  (OPA), said OPA                                                               
supports  SB 112  as it  will add  efficiency to  the system.  He                                                               
expressed  appreciation for  the work  that  OCS and  DOL did  in                                                               
communicating and taking OPA's suggestions into account.                                                                        
                                                                                                                                
SENATOR COSTELLO asked if he  sees any opportunity for abuse. For                                                               
example, an  OCS worker might  assert a proxy was  requested when                                                               
it wasn't.                                                                                                                      
                                                                                                                                
MS. LAWTON  said she  doesn't envision  that scenario.  The proxy                                                               
request is  for immediate  placement so  the caseworker  would be                                                               
required to go  evaluate the person, which  includes a background                                                               
check. That  information is compiled  into the  permanency report                                                               
that is given to the court.                                                                                                     
                                                                                                                                
2:01:12 PM                                                                                                                    
VICE CHAIR COGHILL  stated he would hold SB 112  in committee for                                                               
future consideration.                                                                                                           
                                                                                                                                
2:01:21 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:06:17 PM                                                                                                                    
CHAIR MCGUIRE  reconvened the meeting  and asked for a  motion to                                                               
adopt the work draft CS for SB 112.                                                                                             
                                                                                                                                
2:06:31 PM                                                                                                                    
SENATOR COGHILL  moved to adopt  the CS  for SB 112,  labeled 29-                                                               
GS1262\P, as the working document.                                                                                              
                                                                                                                                
CHAIR MCGUIRE  found no  objection and version  P was  adopted as                                                               
the working document. She held SB 112 in committee.