Legislature(2023 - 2024)BUTROVICH 205
03/14/2024 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB57 | |
| Confirmation Hearing(s) | |
| SB181 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 57 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 181 | TELECONFERENCED | |
SB 181-CHILD PLACEMENT; DILIGENT SEARCH
3:52:50 PM
CHAIR WILSON reconvened the meeting and 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."
CHAIR WILSON stated that at the committee's last hearing CSSB
181, version Y, was adopted.
3:53:52 PM
CHAIR WILSON solicited a motion.
3:53:46 PM
SENATOR KAUFMAN moved to adopt Amendment 1, work order 33-
LS0348\Y.1, to SB 181.
33-LS0348\Y.1
Bergerud
3/5/24
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSSB 181(HSS), Draft Version "Y"
Page 1, line 13:
Delete "has the status of an intervenor for purposes
of that hearing"
Insert "does not become a party to the case"
3:53:49 PM
CHAIR WILSON objected for purposes of discussion.
3:53:59 PM
SENATOR JESSE BJORKMAN, District D, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 181, explained that the need for
Amendment 1 (Y.1) arose due to conflicting opinions between the
drafters of the law and the court system, which is responsible
for implementing it. He stated that it was decided, for the sake
of prudence, that those in charge of implementing and applying
the law should have their perspective prevail.
3:54:41 PM
CHAIR WILSON asked for a brief overview of SB 181.
3:54:44 PM
LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, provided an overview of SB 181 and
an explanation of the proposed amendment. She stated that the
overall purpose of SB 181 is to amend the state's Child in Need
of Aid law to allow foster parents to request a hearing when
necessary. It also grants courts and the Department of Family
and Community Services more discretion in making placements that
serve the best interests of the child.
3:55:21 PM
At ease
3:55:39 PM
CHAIR WILSON reconvened the meeting.
3:55:42 PM
MS. ACHEE said SB 181 establishes clear statutory requirements
for the Office of Children's Services to conduct family
searches, ensuring timely placement of children with an adult
family member or family friend, if available. In SB 181, version
Y, Section 1, language was added to address concerns from both
the Alaska Court System and the Department of Family and
Community Services. It clarifies that while foster parents may
request a hearing, they are not a party to the case. An
agreement was reached to address the court's concerns, adding
clarity without changing the bill's intent.
3:56:54 PM
SENATOR GIESSEL asked the meaning of "a party to the case."
MS. ACHEE stated her belief that being "a party to the case"
gives a person greater precedence in the case and grants
complete access to files, including private and confidential
information.
3:57:29 PM
SENATOR GIESSEL asked Ms. Achee to incorporate that information
into the sentence being amended and clarify the full meaning of
"a party to the case."
3:57:55 PM
SENATOR GIESSEL interjected to clarify that she was not asking
how the amendment would look in SB 181 but wanted to understand
what the application of being "a party to the case" would mean
in practice.
MS. ACHEE explained her understanding that under the original
statute, a "party" to the case, such as a parent, could request
a hearing. The concern arose that allowing a foster parent to
request a hearing without clarification might lead courts to
interpret this as making foster parents a party to the case,
giving them full access rights to information. The change allows
foster parents to request a hearing, but it makes clear they do
not receive all the rights and access that are given to a party.
3:59:06 PM
CHAIR WILSON removed his objection; finding no further objection
Amendment 1 (Y.1) was adopted.
3:59:14 PM
CHAIR WILSON stated that before the committee is CSSB 181, as
amended.
3:59:26 PM
SENATOR BJORKMAN thanked the committee for their consideration
as SB 181 goes a long way in making sure there are better
outcomes for children facing foster care.
3:59:49 PM
CHAIR WILSON solicited a motion.
3:59:53 PM
SENATOR KAUFMAN moved to report CSSB 181, work order 33-
LS0348\Y, as amended, from committee with individual
recommendations and attached fiscal note(s).
4:00:09 PM
CHAIR WILSON found no further objection and CSSB 181(HSS) was
reported from the Senate Health and Social Services Standing
Committee.