03/04/2002 01:35 PM Senate HES

          SB 295-LICENSING:DISCLOSURE OF MINORS RECORDS                                                                     
                                                                                                                                
MS. WENDY  HALL, staff to Senator  Pete Kelly, sponsor of  SB 295,                                                              
explained  that  this  measure  addresses  a  concern  within  the                                                              
Department of Health  and Social Services. State  and federal laws                                                              
require  all child  and adult  day care  licensing authorities  to                                                              
review criminal  history reports of  every individual aged  16 and                                                              
older who  is seeking either a  care license, employment  with the                                                              
care provider, or residing in the  home of a care provider seeking                                                              
licensure.  Current  law does not explicitly authorize  release of                                                              
delinquency information  when a juvenile is 16 or  17 years of age                                                              
and is residing  in the home where care services  will be provided                                                              
and the juvenile  will not be  an employee of the  license holder.                                                              
Therefore,  the state is  requiring the  licensing authorities  to                                                              
review the criminal  background of anyone living in  the home, yet                                                              
the department is  unable to release that information  unless that                                                              
individual  will be  an employee.  SB 295 will  authorize DHSS  to                                                              
release  that information  so that  a scenario  does not arise  in                                                              
which an  applicant is given a  license even though  an adolescent                                                              
who is a convicted child molester is living in the home.                                                                        
                                                                                                                                
CHAIRWOMAN GREEN  asked if  SB 295 only  pertains to  minors since                                                              
similar legislation was enacted that applies to adults.                                                                         
                                                                                                                                
MS. HALL said that is correct.                                                                                                  
                                                                                                                                
MR. ROBERT  BUTTCANE, Juvenile Probation  Officer at  DHSS, stated                                                              
that over the past few years, various  state and federal laws have                                                              
been   enacted  that   require   licensing   agencies  to   access                                                              
delinquency records  information as  part of their  license review                                                              
process.  As the  Department of  Education  and Early  Development                                                              
(DOEED)  was  working  on  procedures  to  license  child  daycare                                                              
centers in  Alaska, DHSS was unclear  about its authority  to give                                                              
DOEED information  about juveniles who  reside in the home  of the                                                              
day  care  license  applicant  but  are  not  employees.  In  some                                                              
situations, those juveniles have  delinquency records that brought                                                              
into question the safety of providing  services in that home. DHSS                                                              
worked with  the Department of Law  and Senator Kelly and  came up                                                              
with SB 295,  which adds a section to DHSS's  confidentiality laws                                                              
that gives explicit authority to  release that information to care                                                              
providers, whether  for senior care,  foster care, or  child care.                                                              
He stated support for SB 295.                                                                                                   
                                                                                                                                
2:22 p.m.                                                                                                                       
                                                                                                                                
SENATOR WARD asked if this came about  because of an applicant who                                                              
had a dangerous youth living at the home.                                                                                       
                                                                                                                                
MR. BUTTCANE said it did not actually  happen but the scenario was                                                              
raised. DHSS was  able to construct a strong  enough justification                                                              
to release  the information to  DOEED, according to  the assistant                                                              
attorney general.                                                                                                               
                                                                                                                                
TAPE 02-16, SIDE B                                                                                                              
                                                                                                                                
CHAIRWOMAN GREEN  asked if criminal background information  can be                                                              
accessed on other adults living in the home.                                                                                    
                                                                                                                                
MR. BUTTCANE said  the information contained in  APSIN (the Alaska                                                              
Public Safety Information Network)  for all adult criminal history                                                              
records is available to licensing  agencies now by statute. SB 295                                                              
is specific to delinquents because that authority is missing.                                                                   
                                                                                                                                
SENATOR WARD  asked if  an applicant  must disclose anything  that                                                              
might be dangerous to clients on the application.                                                                               
                                                                                                                                
MR.  BUTTCANE  said  he  is  not  familiar  with  every  licensing                                                              
application  process,   but  on   some  that  is   a  requirement.                                                              
Applicants sign  authorizations for the licensing  agency to check                                                              
APSIN  so  that  if  the  information  is  not  disclosed  on  the                                                              
application, it would be available in APSIN.                                                                                    
                                                                                                                                
CHAIRWOMAN  GREEN  acknowledged that  in  the case  of  juveniles,                                                              
agencies  cannot access  that information.  She noted  she has  no                                                              
problem moving this  bill to the Judiciary Committee  where it can                                                              
address infringement issues.                                                                                                    
                                                                                                                                
SENATOR  LEMAN  moved  SB  295  from   committee  with  individual                                                              
recommendations  and  its  accompanying zero  fiscal  note.  There                                                              
being no objection, the motion carried.