04/27/2005 01:30 PM House FINANCE

SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53                                                                                        
                                                                                                                                
     "An  Act relating  to child-in-need-of-aid  proceedings;                                                                   
     amending  the  construction  of statutes  pertaining  to                                                                   
     children  in  need  of  aid;  relating  to  a  duty  and                                                                   
     standard of care for services  to children and families,                                                                   
     to   the  confidentiality   of   investigations,   court                                                                   
     hearings, and  public agency records and  information in                                                                   
     child-in-need-of-aid    matters   and    certain   child                                                                   
     protection matters, to immunity  regarding disclosure of                                                                   
     information   in  child-in-   need-of-aid  matters   and                                                                   
     certain  child protection matters,  to the  retention of                                                                   
     certain privileges  of a parent in a  relinquishment and                                                                   
     termination   of  a   parent   and  child   relationship                                                                   
     proceeding, to eligibility  for permanent fund dividends                                                                   
     for certain  children in the  custody of the  state, and                                                                   
     to  juvenile  delinquency  proceedings  and  placements;                                                                   
     establishing a  right to a trial by jury  in termination                                                                   
     of  parental  rights  proceedings;   reestablishing  and                                                                   
     relating  to state citizens'  review panels  for certain                                                                   
     child protection and custody  matters; amending the duty                                                                   
     to disclose  information pertaining  to a child  in need                                                                   
     of  aid;   authorizing  additional  family   members  to                                                                   
     consent  to  disclosure  of confidential  or  privileged                                                                   
     information  about children  and families involved  with                                                                   
     children's services within  the Department of Health and                                                                   
     Social  Services  to  officials  for review  or  use  in                                                                   
     official capacities; relating  to reports of harm and to                                                                   
     adoptions  and foster care;  mandating reporting  of the                                                                   
     medication  of children  in  state custody;  prescribing                                                                   
     the rights of grandparents  related to child-in-need-of-                                                                   
     aid cases  and establishing  a grandparent  priority for                                                                   
     adoption   in   certain    child-in-need-of-aid   cases;                                                                   
     modifying adoption  and placement procedures  in certain                                                                   
     child-in-need-of-aid  cases; amending treatment  service                                                                   
     requirements  for parents involved in  child-in-need-of-                                                                   
     aid  proceedings;  amending   Rules  9  and  13,  Alaska                                                                   
     Adoption  Rules; amending  Rules 3,  18, and 22,  Alaska                                                                   
     Child in Need  of Aid Rules of Procedure;  and providing                                                                   
     for an effective date."                                                                                                    
                                                                                                                                
House Bill 53 was previously heard and amended on April 26,                                                                     
2005.                                                                                                                           
                                                                                                                                
Representative Croft MOVED to ADOPT Amendment 15:                                                                               
                                                                                                                                
     Page 7, line 20, after the word "hearings"                                                                                 
     Delete: "in the case"                                                                                                      
                                                                                                                                
Co-Chair Chenault OBJECTED.                                                                                                     
                                                                                                                                
Representative Croft  explained that Amendment  15 arose from                                                                   
discussions during the previous  hearing. The amendment would                                                                   
broaden the bill to exclude persons  involved in other cases.                                                                   
He  noted  that  it might  be  appropriate  to  exclude,  for                                                                   
example, a reporter who had disclosed  names of children in a                                                                   
previous case.                                                                                                                  
                                                                                                                                
3:38:28 PM                                                                                                                    
                                                                                                                                
RYNNIEVA  MOSS,  STAFF, REPRESENTATIVE  JOHN  COGHILL,  noted                                                                   
that the sponsor had no objections  to adopting Amendment 15.                                                                   
                                                                                                                                
Co-Chair  Chenault WITHDREW  his  OBJECTION.  There being  NO                                                                   
OBJECTION, Amendment 15 was adopted.                                                                                            
                                                                                                                                
3:39:05 PM                                                                                                                    
                                                                                                                                
Representative Croft MOVED to ADOPT Amendment 16:                                                                               
                                                                                                                                
    Page 22, line 15, after the word "Confidentiality."                                                                         
     Delete lines 15 through 19                                                                                                 
                                                                                                                                
     Insert:                                                                                                                    
     "A person attending  a meeting of the state  panel or, a                                                                   
     member  or staff  of the  state panel  may not make  any                                                                   
     disclosure  related  to information  obtained  during  a                                                                   
     review by  the panel unless  authorized by  AS 47.10.092                                                                   
     or 47.10.093.                                                                                                              
                                                                                                                                
Co-Chair Chenault OBJECTED for the purpose of discussion.                                                                       
                                                                                                                                
Ms.  Moss  observed  that  Amendment   16  should  contain  a                                                                   
technical amendment:                                                                                                            
                                                                                                                                
     Delete the comma                                                                                                           
     Insert "or"                                                                                                                
                                                                                                                                
There being NO  OBJECTION, the amendment to  Amendment 16 was                                                                   
adopted.                                                                                                                        
                                                                                                                                
Co-Chair Chenault  WITHDREW his objection to  adopt Amendment                                                                   
16. There  being NO OBJECTION,  Amendment 16, was  adopted as                                                                   
amended.                                                                                                                        
                                                                                                                                
3:40:04 PM                                                                                                                    
                                                                                                                                
Representative Hawker MOVED to ADOPT Amendment 17:                                                                              
                                                                                                                                
     Page 22, line 24                                                                                                           
     Insert:                                                                                                                    
     (c) to read: "the citizen review panel is subject to                                                                       
     the provisions of the Open Meeting Act under AS                                                                            
     44.62.310.                                                                                                                 
                                                                                                                                
Co-Chair Chenault OBJECTED.                                                                                                     
                                                                                                                                
Ms. Moss observed  that the review panel would  operate under                                                                   
the Open Meetings Act. The amendment  would provide them with                                                                   
the ability  to declare  an executive  session and  close the                                                                   
meeting. The sponsor supported Amendment 17.                                                                                    
                                                                                                                                
Co-Chair  Chenault WITHDREW  his  OBJECTION.  There being  NO                                                                   
OBJECTION, Amendment 17 was adopted.                                                                                            
                                                                                                                                
3:41:33 PM                                                                                                                    
                                                                                                                                
Representative Croft  asked about the fiscal  notes. Ms. Moss                                                                   
observed that the total amount is $1,174,200.                                                                                   
                                                                                                                                
3:41:54 PM                                                                                                                    
                                                                                                                                
Representative Hawker  asked if the sponsor  concurs with the                                                                   
nature of the  fiscal notes. He asked that they  be viewed as                                                                   
one-time increments.                                                                                                            
                                                                                                                                
Co-Chair Chenault agreed with Representative Hawker.                                                                            
                                                                                                                                
3:43:09 PM                                                                                                                    
                                                                                                                                
Representative  Croft  asked   if  a  standard  of  care  was                                                                   
addressed.  Ms. Moss believed  that case  law provides  for a                                                                   
standard of care.                                                                                                               
                                                                                                                                
3:44:29 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  report CSSSHB 53 (FIN) out of                                                                   
Committee  with individual recommendations  and the  attached                                                                   
fiscal notes. There being NO OBJECTION, it was so ordered.                                                                      
                                                                                                                                
CSSSHB  53 (FIN)  was REPORTED  out of Committee  with  a "no                                                                   
recommendation"  recommendation  and  with  five  new  fiscal                                                                   
impact notes: one from the Alaska  Court System, one from the                                                                   
Department  of Law,  two from  the Department  of Health  and                                                                   
Social   Services,   and   two   from   the   Department   of                                                                   
Administration.                                                                                                                 
                                                                                                                                
3:45:38 PM