Legislature(2015 - 2016)BELTZ 105 (TSBldg)
02/24/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| SB24 | |
| SJR19 | |
| SB180 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 180 | TELECONFERENCED | |
| *+ | SJR 19 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 123 | TELECONFERENCED | |
SB 180-PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY
2:28:11 PM
CHAIR MCGUIRE announced the consideration of SB 180.
2:28:42 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 180, introduced the legislation speaking to the
following sponsor statement:
Senate Bill 180 seeks to establish an alternative
route to placing a child into the foster care system.
It allows parents to execute a power of attorney over
their minor child for no more than one year to another
person in order to prevent the child from needing to
enter the foster care system.
It allows parents or guardians, who are struggling, to
seek help with unemployment, homelessness, addiction,
etc. without the concern of losing their child(ren) or
being held liable for abandonment, abuse or neglect of
the child during the execution of the power of
attorney. This bill allows a parent or guardian to
execute a power of attorney for no more than one year
for their child to another person. There are
provisions in this bill that allow for military
parents or guardians, as well as incarcerated parents
to execute a power of attorney for their children. The
parent or guardian maintains all their parental rights
with the power of attorney.
This bill does not require the person appointed as the
attorney-in-fact to comply with the licensing
requirements of a child care facility or foster care.
I urge you to support this bill that will help keep
families together, keep children safe and help prevent
abuse and neglect.
2:31:41 PM
ANNA MARIA BALCZAR, representing herself, Anchorage, Alaska,
testified in support of SB 180. She shared her personal story of
using Safe Families for Children when she needed to find someone
to care for her children for 6-8 weeks after she had surgery.
Her church and others directed her to this program and she was
very happy with the outcome.
2:34:45 PM
CHARITY CARMODY, Founder and President, Beacon Hill, Anchorage,
Alaska, testified in support of SB 180. She said Beacon Hill
recently launched Safe Families for Children Alaska, which is
meant to keep kids out of foster care. They serve families that
are not in situations of abuse or neglect, but rather situations
like Ms. Balczar described. They recruit healthy families in the
community and about 15 churches are recruiting people as well.
They use the state background system, Juvenile Justice, Office
of Children's Services (OCS) records, and do home studies to
ensure that the host families are clear. A primary tenet is that
host families receive no compensation.
She described the bill as proactive to avoid potential future
problems if regulations or leadership changes. She explained
that they received a variance from OCS to operate Safe Families
for Children in the state but it will need to be renewed
annually. She said they would like to be exempt from licensure
requirements as a child placement agency because they are just
implementing the program and arranging parents to allow other
parents to watch their kids. They would also like host families
to be exempt from the licensure requirements for a foster family
because this is not foster care.
MS. CARMODY noted that they are working to tighten some of the
language to avoid potential misuse, and ensure that only
organizations like Beacon Hill, that are approved under the law,
could be exempt from the child placement agency licensing.
CHAIR MCGUIRE commented on the benefits of giving parents this
type of help.
2:40:13 PM
ANDREW BROWN, Senior Fellow for Child Welfare Reform, Foundation
of Government Accountability, Austin, Texas, testified in
support of SB 180. He stated that nearly 3,000 children are in
foster care in Alaska and that number has been rising the last
few years. Statistics show that a majority of children in the
foster care system enter because of a temporary crisis. They
really don't need to be in foster care but the parents have
nowhere else to turn to get the immediate help they need. He
related his personal experience that finally led him to the Safe
Families for Children organization. The concept is neighbors
helping neighbors during times of trouble. This organization has
served over 20,000 children, 90 percent of whom returned home
within an average of 45 days and never entered the child welfare
system. He said this is an astounding statistic if you know
anything about the foster care system. This is a program that
gets involved early and allows families to heal and remain
intact and whole.
The reason for SB 180 is to provide certainty for the continued
use of this tool, to give OCS another tool it can use, and to
protect the rights of parents. He concluded that SB 180 inspires
families to ask for help before things get out of control.
2:47:10 PM
BENJAMIN HEMMILA, host family, Safe Families for Children,
Anchorage, Alaska, testified in support of SB 180. He shared
that he and his wife were able to help a family in need and it
was a very positive experience. They are thrilled at the vision
of this program.
CHAIR MCGUIRE said she likes the idea that there is no
compensation for doing this, because too often the motivation
for providing foster care is financial. She asked if he agrees
about the financial aspect and if he receives adequate support
from churches, families, and neighbors to get needed supplies.
MR. HEMMILA said he and his wife were overwhelmed by the support
from the community and he believes that not having the financial
incentive is key.
2:51:29 PM
KARI NORE, Staff, Senator Cathy Giessel, Alaska State
Legislature, provided the following sectional analysis on behalf
of the sponsor:
Section 1: Amends AS 13.26.020 (Delegation of powers
by parent or guardian). This section removes the
delegation of powers over minors from this section.
This section now only applies to the delegation of
powers over an incapacitate person by a parent or
guardian.
Section 2: Adds a new section under AS 13.26 This
creates a new section (AS 13.26.023 Delegation of
powers over minor child) for the delegation of powers
over minors. Gives parents or guardians the authority
to execute a power of attorney to delegate to another
person one or more powers regarding the care, custody
or property of the minor child. With the exception of
the marriage or adoption of the child, performance of
an abortion or the termination of parental rights to
the minor child. Parent or guardians have the right to
revoke the power of attorney at any time. The power of
attorney for no more than one year, however a new
power of attorney can be executed at the end of the
one year period. Parents or guardians in the military
may execute a power of attorney for greater than one
year if the parent is on active duty, the power of
attorney is then equal to the length of the active
duty plus 30 days. No compensation will be given for
the duration of the power of attorney. The form for a
parent or guardian appointing an attorney-in-fact for
their child is provided in this section. Designation
of a power of attorney does not terminate parental
rights or obligations of the parent or guardian to the
minor child, however it does not constitute
abandonment, abuse or neglect, unless the parent fails
to retake custody after the power of attorney expires
and fails to execute a new one. Under a power of
attorney a child is not considered in foster care and
the attorney in fact is not considered to be providing
foster care and does not need to be licensed as a
child care facility or foster care (AS 47.32). The
power of attorney also does not constitute as an out-
of-home placement under AS 47.10. Definitions are
provided at the end of this section.
Section 3: Amends AS 25.23.060(c) (Execution of
consent; consent as power of attorney) This section
amends AS 25.23.060(c) to insert references to the new
section added in AS 13.26 which was created in Section
2 of this bill.
Section 4: Amends AS 47.10.086(a) (Reasonable efforts)
This section allows the department to distribute
information to the parent or guardian of a child in
need of aid about community based family support
services including the use of a power of attorney to
select an individual to care for the child
temporarily.
2:52:58 PM
Responding to questions, Ms. Nore said the three exceptions to
delegating the power regarding the care, custody, or property of
the minor start on page 2, line 4. Also, there is no limitation
on the number of new powers of attorney that can be executed
following expiration.
She noted that the form for a parent or guardian to appoint an
attorney-in-fact is provided on page 3 - page 5.
CHAIR MCGUIRE said the form includes the exceptions on page 2,
lines 4-7, and she assumes that nothing in the document would
supersede the rights that minor children have to judicial bypass
laws. She noted that this is relevant to the issue of abortion.
SENATOR COGHILL voiced support for getting answers.
CHAIR MCGUIRE said she wants clarification that in those
individual cases, the right of the child to go before a court
still exists as if it were their parent stepping in their shoes.
MS. NORE agreed to check with Legislative Legal to clarify that
this doesn't take more rights away from a minor.
SENATOR GIESSEL pointed out that the language in the consent
form on page 3, line 17, speaks to that.
2:56:53 PM
SENATOR COSTELLO asked if one parent could undermine the rights
of the other parent with regard to the power of attorney. She
noted there is another power of attorney bill in the committee
and she wants assurance there won't be unintended consequences.
2:57:33 PM
CHAIR MCGUIRE clarified that the other bill is HB 8 sponsored by
Representative Shelly Hughes. She suggested the two teams have a
conversation before the next hearing.
2:58:15 PM
SENATOR WIELECHOWSKI posed the following questions: 1) can this
be done now; 2) is there an ability to sue if there are medical
or dental costs; 3) could a 15 year old stay with a 17 or 18
year old; 4) does the PFD go to the biological parents or host
parents.
SENATOR GIESSEL said she appreciates the questions and believes
Ms. Carmody could answer them, but the committee is out of time
today.
2:59:50 PM
CHAIR MCGUIRE held SB 180 in committee.