Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/19/2018 01:30 PM Senate JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB122 | |
| HB312 | |
| SB214 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 122 | TELECONFERENCED | |
| += | HB 312 | TELECONFERENCED | |
| *+ | SB 214 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 122-OCS CITIZEN REVIEW PANEL
1:32:32 PM
CHAIR COGHILL announced the consideration of SB 122 and noted
the proposed committee substitute (CS).
1:32:49 PM
SENATOR COSTELLO moved to adopt the work draft committee
substitute (CS) for SB 122, version 30-LS0047\O, as the working
document.
1:33:07 PM
CHAIR COGHILL objected for an explanation of the changes.
1:33:23 PM
RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, reviewed the following changes made
to version O of SB 122:
· Page 1, line 8, after the word "ombudsman":
Deleted:
". For budgetary purposes, the panel is located in the
office of the ombudsman."
· Page 2, line 4:
Deleted language describing qualifications of panel
members. Subsection [(e)] has been amended to direct
the Ombudsman's Office to by regulation establish
guidelines for the operation of the panel, including:
[(1)] qualification of members
[(2)] policies for recruitment and appointment of
members
[(3)] tenure of members; and
[(4)] policy for selection of leadership
· Page 5, line 27:
Delete: and
· Page 6, line 3:
Insert after "best interest":
[.] ; and
(16) the office of the ombudsman.
· Page 7, line 3:
Adds an immediate effective date for the Citizens Review
Panel.
1:36:04 PM
KATE BURKHART, Ombudsman, Office of the Ombudsman, Alaska State
Legislature, Juneau, Alaska, said she appreciates that the
committee is considering the changes that appear in version O of
SB 122. She provided the following comments on the proposed
changes:
· Her office requested removing the language about
placing the panel in the Office of the Ombudsman for
budgetary purposes because that would limit the
ability of the ombudsman to supervise the staff.
· Her office can handle recruitment, appointment, and
qualifications through regulation in partnership with
the members of the Citizens Review Panel. However,
it's more detailed than initially anticipated and the
timeline for the regulatory package would need to be
extended from a year to a year and a half or so.
· The Office of the Ombudsman is added to AS
47.10.093(b) because that statute is interpreted to
preclude speaking with ombudsman investigators. The
Office of Children's Services readily shares
information when the ombudsman needs to investigate a
complaint, but they have run into an issue with the
guardians ad litem that work for the Office of Public
Advocacy. Adding the Office of the Ombudsman to the
statute makes sense, especially if the Citizens Review
Panel would have access to the data through its co-
location with the ombudsman.
MS. BURKHART stated that the changes proposed in version O
address the concerns her office had regarding their ability to
implement the intent of SB 122 and allows them to support the
co-location of the Citizens Review Panel.
CHAIR COGHILL asked if the ombudsman receives confidential
information in other areas where it does investigations.
MS. BURKHART said yes; the ombudsman statute says,
"notwithstanding any other provision of law." AS 47.10.093(b)
was adopted after the legislation that created the Office of the
Ombudsman and it's interpreted to mean that the ombudsman is
intentionally not on the list. That created the hiccup.
CHAIR COGHILL said he wanted the members to understand that the
ombudsman has had access to confidential information in all
other areas of law. It's necessary to do the job.
He noted who was available to answer questions.
1:39:22 PM
SENATOR SHOWER referenced the deleted language in subsection (c)
on page 2, lines 1-4. He asked how they would focus the criteria
for who would serve on the board to ensure that the panel
members have the specialty or expertise needed.
MS. BURKHART clarified that the regulations would be adopted in
partnership with the Citizens Review Panel. She offered her
perspective of the board, which would have 15 or 16 members with
designated constituencies and areas of expertise as well as
public members.
· A seat that was designated specifically to someone living
off the road system; potentially someone who was nominated
by the Alaska Federation of Natives or First Alaskans.
· Someone with the specific clinical area of behavioral
health of child abuse and prevention and treatment.
· Someone with experience with the child in need of aid
(CINA) process through the courts. This could be someone
from the Office of Public Advocacy or the Public Defender's
Office or a guardian ad litem, not the attorney general's
office because they represent the agency.
· Someone with a background with the Indian Child Welfare
system (ICWA) is an important constituency given the
overrepresentation of Alaska Native children in the foster
care system.
· Consumer representation such as a foster parent or young
adult who has been in foster care.
· A parent who has been engaged with the Office of Children's
Services. This is a constituency that seldom has a voice at
the policy-making level.
· Representation from the school is something to consider
since schools are often ground zero for the effects of
child abuse and child maltreatment. Teachers are mandatory
reporters, but they don't often have a voice in policy-
making regarding child protection issues.
· A medical practitioner such as a pediatric nurse
practitioner or a pediatrician would be beneficial.
· Seats designated for interested members of the public who
may not fit into one of these specialized seats. Sometimes
these folks are your best members.
SENATOR SHOWER asked if discretion is left to the board to
determine which citizens will be on the panel.
MS. BURKHART said she believes that those criteria that appeared
in the original draft would appear in regulation.
MS. MOSS clarified that the intent is for the criteria for the
panel to be set in regulation. Federal law is vague regarding
how states are to select panel members, but public members who
are not connected to the system are required. She noted that she
recently found a document that was written in 1998 that talks
about panel selection.
SENATOR SHOWER said thanks; he didn't understand it would come
through regulation.
SENATOR COSTELLO commented that someone from Facing Foster Care
in Alaska would be a good candidate for the panel.
CHAIR COGHILL asked Ms. Burkhart to comment on the fiscal note.
MS. BURKHART said the fiscal note contemplates staffing for the
panel. It was drafted when the ombudsman had no supervisory
authority and it contemplated a high level of professional
staff. If the bill moves forward as currently drafted, less
expensive staffing is possible.
MS. MOSS advised that the bill has two fiscal notes. [The DHSS
fiscal note is zero.]
1:47:02 PM
CHAIR COGHILL removed his objection and version O was adopted.
1:47:20 PM
SENATOR COSTELLO moved to report the CS for SB 122, work draft
30-LS0047\O, from committee with individual recommendations and
attached fiscal note(s).
1:47:36 PM
CHAIR COGHILL announced that without objection, CSSB 122(JUD)
moved from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 214 - Version A.PDF |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 214 - Sponsor Statement.pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 214 - Sectional Summary (ver. A).PDF |
SJUD 3/19/2018 1:30:00 PM |
SB 214 |
| SB 122 - Version O.pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 122 |
| SB 122 - Summary of Changes (ver. J to ver. O).pdf |
SJUD 3/19/2018 1:30:00 PM |
SB 122 |