Legislature(2023 - 2024)BUTROVICH 205
02/29/2024 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB181 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 181 | TELECONFERENCED | |
SB 181-CHILD PLACEMENT; DILIGENT SEARCH
3:32:42 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 181
"An Act relating to placement of a child in need of aid;
relating to adoption; and providing for an effective date."
3:33:28 PM
CHAIR WILSON solicited a motion.
3:33:29 PM
SENATOR TOBIN moved to adopt the committee substitute (CS) for
SB 181, work order, 33-LS0348\Y, as the working document.
3:33:44 PM
CHAIR WILSON objected for the purpose of discussion.
3:33:48 PM
SENATOR JESSE BJORKMAN, District D, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 181, introduced Ms. Achee.
3:34:08 PM
LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, provided the sectional analysis for
SB 181 from version H to Y:
[Original punctuation provided.]
SENATE BILL 181 CHILD PLACEMENT; DILIGENT SEARCH
SUMMARY OF CHANGES VERSION H TO Y
Section 1 Clarifies that while foster parents may
request hearings regarding placement under AS
47.10.080(s), they are not parties to child in need of
aid cases.
Section 2 Clarifies the requirements for family
searches in AS 47.10.088(i) when OCS is determining
final placement of a child following termination of
parental rights.
Section 2 Retains eligibility for foster care
license as standard for notification
Section 2 Changes "courts" to "department" on page
2, lines 27 and 29 of as the Department of Family and
Youth Services is responsible for the actions taken
under AS 47.10.088(i) and not the Court System.
Section 4 Removes the search requirement following a
transfer of placement under AS 47.10.080(s) on page 3
line 21 23. This requirement is not in other Alaska
statutes regarding family searches and could place an
undue requirement on the Department as in some cases
transfer can be of very short duration, such as to
provide overnight inpatient medical care.
Section 4 Removes the requirement from the new
language in AS 47.10.145 to provide written notice in
languages other than English. This may create undue
hardship for the Department as there are 250 languages
spoken in Alaska.
Section 4 Replaces the requirement on page 4, lines
23 - 24 to file with the court information regarding
the Department's progress on family searches 10 days
in advance of hearings with a requirement to provide
the information in writing at the time of a hearing.
Cuts language directing oral reports of information
received after the 10-day filing deadline as all
information will be reported at the time of the
hearing.
Section 5 Adds language to clarify that the
preferences in AS 47.14.100(e)(3)(A) should be applied
in consideration of the best interest of the child.
Section 6 Retains eligibility for foster care
license as standard for placement of a child Page 2 of
2 [email protected]
Section 6 Adds language to AS 47.14.100(m) to
clarify that non-parties requesting review hearings
under AS 47.10.080(s) are not eligible for publicly
appointed legal counsel.
Section 7 Adds a new section that would require the
Department to assist family members and family friends
in the process of seeking licensing and waivers to
licensing requirements under AS 47.32.032.
3:39:44 PM
MS. ACHEE provided a brief history of foster care licensing and
placement requirements to explain the reason for adding Section
7 to SB 181. She stated that the department finds it difficult
to move away from a licensing standard to a best interest
standard and recommended that family and friends use the waiver
process to become foster parents. Since the waiver process can
be difficult for people unfamiliar with foster care system, the
department suggested that instead of removing the existing
language, SB 181 should direct the department to help family
members in obtaining a waiver. She stated that agencies aren't
allowed to do whatever seems rightthey must do what they've
been empowered to do by the legislature. By giving this
direction to the department, it becomes a duty to help families
with the waiver process.
3:41:01 PM
CHAIR WILSON acknowledged Senator Dunbar joined the meeting.
3:41:28 PM
At ease
3:42:06 PM
CHAIR WILSON reconvened the meeting.
3:42:11 PM
SENATOR TOBIN asked about the department's capacity to assist
families who may speak another language, are new to the country,
or lack experience with the legal and foster care systems.
3:42:50 PM
KIM GUAY, Director, Office of Children Services, Department of
Family and Community Services (DFCS), Anchorage, Alaska replied
that the department has access to language banks and
interpreters, particularly in rural Alaska. She explained that
they also try to utilize individuals near the family, such as
partners who speak the family's language or through tribal or
child advocacy centers. Although they aim to meet needs through
various resources, access to a language bank is available if
required.
3:43:33 PM
SENATOR TOBIN asked if the department ensures that the
information transmitted to potential family members is accurate,
especially in cases involving complex legal terminology or legal
prescriptions. She inquired about the safeguards in place to
guarantee accuracy.
MS. GUAY replied that the challenge often lies in obtaining past
records to determine if a current relative would be a suitable
provider. She noted that it can be difficult to retrieve
records, especially if the person is from a different country,
is from rural Alaska, or the events occurred many years ago. The
department works if with available systems to gather
information, but when official records, such as court documents,
are unavailable, they consider the individual's history,
references, and parenting experience. She mentioned a variance
process that helps navigate complex cases, such as when
documents are inaccessible, giving an example where a courthouse
fire destroyed necessary records, forcing the department to use
alternative means to vet the person.
3:45:32 PM
SENATOR TOBIN asked how the department's search for records
intersects with an individual's right to privacy. She noted that
the right to privacy, particularly concerning electronic
records, was established in the constitution to protect against
state access to personal information. She requested
clarification on how the department navigates this issue.
3:46:05 PM
MS. GUAY explained that if a person seeks to have a child placed
in their care through the Office of Children's Services (OCS),
they must demonstrate that they have remedied any past behavior,
such as a termination of parental rights or a criminal
conviction. While the department cannot obtain this information
directly, they can guide the individual on where to retrieve it.
If the individual chooses to sign a Release of Information
(ROI), the department can assist in obtaining the records.
However, the decision to share this information is ultimately up
to the individual. If they choose not to share it, the
department may be unable to determine if their home is a
suitable placement for the child.
3:46:59 PM
SENATOR DUNBAR asked about Section 4, which removes the search
requirement following a transfer of placement. He noted that
former Representative Gara had worked hard to include this
provision and questioned why it is now being removed. He
acknowledged that the justification provided is that transfers
can be of short duration but wondered if the language could be
adjusted so that only short transfers are exempt since transfers
trigger the search requirement and circumstances change.
3:48:08 PM
MS. GUAY replied that the proposal to remove the search
requirement following a transfer of placement aims to address
redundancy in the system. She explained that children might move
frequently between relatives or family friends, making it
impractical to conduct relative searches with every placement
change. She emphasized that there are built-in opportunities
within the SB 181 for relative notification and searches, such
as during the first 30 days after a child enters care, at
disposition hearings, permanency hearings, or when the goal
shifts from reunification to adoption or guardianship. She noted
that in the Office of Children's Services (OCS), each change of
placement, even short-term stays under the Prudent Parent
standard, like visiting a friend's or relative's house, is
considered a placement change, which would trigger a relative
search under the current requirement.
3:50:09 PM
SENATOR DUNBAR asked if SB 181 is requesting the removal of the
requirement under AS 47.10.080(s) and whether the department
could provide data on how many searches were triggered by this
provision and how many resulted in a permanent placement. He
inquired if the department tracks the number of these searches
performed.
3:50:48 PM
MS. GUAY replied that the department does not specifically track
the data Senator Dunbar requested. She elaborated that while she
could provide information on the number of relatives involved in
a specific case or across the 2,600 children currently in care,
the department cannot break down the data to the specific detail
requested. She noted that the number of relatives varies widely
between cases, with some families having many relatives
sometimes over 150and others having very few, making it
difficult to provide the detailed information sought.
3:51:56 PM
SENATOR DUNBAR requested that, before the next hearing of SB
181, the department provide any available data to help quantify
the burden that the current provision places on the department.
He expressed a desire to understand the extent of the searches
triggered by this provision and asked for any relevant
information to support the assertion that it creates an undue
burden.
3:52:27 PM
SENATOR BJORKMAN emphasized that the focus should be on the
quality of the searches rather than the quantity. He noted that
the bill includes measures to ensure that searches are thorough
and effective, using various databases and methods to locate and
connect with families. He compared this to how merely looking
for something isn't enough; a high-quality search is necessary
to achieve meaningful results.
3:53:43 PM
MS. GUAY clarified that Section 4 of SB 181 contains entirely
new language, added at the request of stakeholders. She pointed
out that Section 3 of SB 181 reflects existing statute, which
does not include the requirement for a search after every
temporary placement. She explained that the language mandating
searches with each temporary placement change, found in the new
Section 4, was inserted by the legislative drafter and not
requested by stakeholders. After discussions with the
department, which expressed concerns about the burden of
conducting searches with every temporary placement change, the
decision was made to remove that language. She reassured that
this decision does not alter the original provisions authored by
former Representative Gara. She highlighted that the
department's current operations do not include conducting
searches for every temporary placement change, which might
explain the department's difficulty in providing data on the
impact of the proposed change.
3:55:31 PM
SENATOR TOBIN expressed curiosity about Section 5, [lines 18-20]
regarding [AS 47.14.100(e)(3)(A)] sibling placement,
specifically when there is a conflict between the best interests
of a child under six and a child over six. She questioned how
this section might impact situations where a best interest
finding could result in siblings being placed in different
environments.
3:56:23 PM
SENATOR BJORMAN opined that it would be difficult for a court to
justify separating siblings in a best interest finding. He
acknowledged that other stakeholders have questioned the age
division and expressed willingness to remove it if desired.
However, he emphasized that studies and research indicate
children under six are at the highest risk for significant
adverse childhood experiences when removed from a placement they
have been in for a year or longer. He explained that this is why
the age division is included. He stressed that both the
department and the court would have to agree that separating a
child from siblings is in the child's best interest, which he
believes would only happen in the most extreme circumstances.
3:57:42 PM
SENATOR TOBIN stated adverse childhood experiences (ACES) also
occur for children over six years old. She expressed interest in
hearing from the court system regarding whether sibling
separation has occurred in the past, whether there is any
precedent, and what stipulations the court might consider in
such cases.
3:58:23 PM
CHAIR WILSON removed his objection; finding no further
objection, CSSB 181 was adopted.
3:58:32 PM
CHAIR WILSON held SB 181 in committee.
3:58:56 PM
SENATOR BJORKMAN said he would continue to work on SB 181 with
the committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 181 CS SHSS v Y.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 Summary of Changes Ver H to Y.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 FN DOA PDA.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 FN Judiciary -Trial Courts.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 FN DOA OPA.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 OCS PAC Opposition.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 LOS Mason_Redacted.pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |
| SB 181 follow-up from Nancy Meade (Courts).pdf |
SHSS 2/29/2024 3:30:00 PM |
SB 181 |