05/06/2004 03:40 PM House FIN

CS FOR SENATE BILL NO. 288(JUD)                                                                                               
                                                                                                                                
     An Act  relating to temporary  custody hearings,  and to                                                                   
     certain determinations  concerning placement of  a child                                                                   
     in child-in-need-of-aid  proceedings; and  providing for                                                                   
     an effective date.                                                                                                         
                                                                                                                                
JACQUELINE  TUPOU, STAFF  TO  SENATOR LYDA  GREEN,  explained                                                                   
that the  bill is a housekeeping  measure. Current  state law                                                                   
provides  that  the  courts  determine  within  48  hours  of                                                                   
removing  a child  whether  or  not it  is  "contrary to  the                                                                   
welfare of  the child to remain  in the home of  the parent."                                                                   
Varying language  is used to express  this, but if  the judge                                                                   
does not  say it is  "contrary to the  welfare of  the child"                                                                   
the child  would not be eligible  for Title IV-E  funding for                                                                   
the duration  of the  child's  life in the  system. She  said                                                                   
that this  is true even  if the child  is later  removed from                                                                   
the home and gains adoption subsidies.                                                                                          
                                                                                                                                
Ms. Tupou said that because the  language is so critical, the                                                                   
bill sponsor decided  to put in statute that  it is "contrary                                                                   
to the  welfare of  the child  to remain in  the home  of the                                                                   
parent." She  pointed out  on the  fiscal note the  estimated                                                                   
federal receipts of $500 thousand for FY 05.                                                                                    
                                                                                                                                
Co-Chair Harris commented  that it is a big  fiscal note. Ms.                                                                   
Tupou  explained  that  the  four  words  ["contrary  to  the                                                                   
welfare"]  are needed  in  order to  receive  the Title  IV-E                                                                   
funding.   About 5% of the  statewide cases under  review did                                                                   
not use  that language  in the  initial hearing  and did  not                                                                   
receive the funding. About 26%  of cases in Anchorage did not                                                                   
qualify, even  though the judges  had received  training. Ms.                                                                   
Tupou concluded  that it is very  important for the  State to                                                                   
take advantage of the federal  dollars for these children who                                                                   
have been removed from their homes.                                                                                             
                                                                                                                                
Representative Joule asked the  estimated loss of funds.  Ms.                                                                   
Tupou  replied that  the fiscal  note reflects  about half  a                                                                   
million dollars of federal funding lost last year.                                                                              
                                                                                                                                
Representative  Foster   MOVED  to  report  SB   288  out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  note.  There being NO  OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSSB 288(JUD)  was REPORTED out of Committee  with individual                                                                   
recommendations  and one previously  published fiscal  impact                                                                   
note.