Legislature(2005 - 2006)HOUSE FINANCE 519

03/07/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 324 BAN ORANGE HAWKWEED/PURPLE LOOSESTRIFE TELECONFERENCED
<Bill Hearing Rescheduled to 9:00 mtg.>
+= HB 408 DEFINITION OF CHILD ABUSE AND NEGLECT TELECONFERENCED
Moved CSHB 408(FIN) Out of Committee
+= SB 218 CRIMINAL SENTENCING AND POLYGRAPHS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 485 STATE PHARMACISTS/DOCTORS/AUDITOR EXEMPT TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 9:00 mtg>
HOUSE BILL NO. 408                                                                                                            
                                                                                                                                
     "An Act relating to the definition of 'child abuse and                                                                     
     neglect' for child protection purposes; and providing                                                                      
     for an effective date."                                                                                                    
                                                                                                                                
2:42:27 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault MOVED  to  ADOPT work  draft  #24-BH202\Y.                                                                   
There being no objection, the DRAFT was ADOPTED.                                                                                
                                                                                                                                
Rynnvieva  Moss noted  that  the bill  was  sponsored by  the                                                                   
Governor, and  explained the influence  of last  year's House                                                                   
Bill  53, combined  with efforts  of  the Administration  and                                                                   
various  legislators  into  one vehicle,  called  the  Family                                                                   
Rights  Act  of 2006.    She acknowledged  the  inclusion  of                                                                   
legislation   by  Representative   Chenault,   Representative                                                                   
Coghill,  and  changes  added  by the  Office  of  Children's                                                                   
Services (OCS).                                                                                                                 
                                                                                                                                
Ms.  Moss  addressed Representative  Coghill's  concern  with                                                                   
section  5 of the  Committee Substitute.  She explained  that                                                                   
last year,  under the previous law  as written in HB  53, OCS                                                                   
could  only discuss  the  report of  harm  that involved  the                                                                   
disclosing information in the  case of a resulting death.  At                                                                   
that time, the Attorney General's  office stipulated that the                                                                   
agency  could only  discuss the  most recent  report of  harm                                                                   
that actually resulted in the  death.  She clarified that the                                                                   
revised bill  now allows them  to discuss any report  of harm                                                                   
once requirements  had been met, regarding any  child in this                                                                   
situation.                                                                                                                      
                                                                                                                                
Ms. Moss  also noted that  another concern by  Representative                                                                   
Coghill  was   addressed  by  Section  7  of   the  Committee                                                                   
Substitute.  Ms. Moss explained  that this amendment resulted                                                                   
from  a  situation  occurring   in  Representative  Coghill's                                                                   
district  where two  teenage children  had been  placed in  a                                                                   
foster home and  foster parents had collected  the children's                                                                   
previous pfd's.   In this case, the foster  placement did not                                                                   
work out, but  the children's dividends were lost.   The bill                                                                   
stipulates that once  a child has been placed  in the custody                                                                   
of OCS, their dividends will accrue  until they reach the age                                                                   
of 18, at which  time they will have one year  to collect the                                                                   
dividends.                                                                                                                      
                                                                                                                                
2:46:09 PM                                                                                                                    
                                                                                                                                
Ms. Moss pointed  out that Section 4 incorporated  House Bill                                                                   
327,  by  Representative  Chenault,  requiring  that  when  a                                                                   
public  official  requested information,  the  Department  be                                                                   
given  five  working  days  to   collect  information.    She                                                                   
expressed  that  the  Sponsor   was  very  pleased  with  the                                                                   
Committee  Substitute,  and  thought that  the  language  was                                                                   
excellent.                                                                                                                      
                                                                                                                                
2:47:16 PM                                                                                                                    
                                                                                                                                
TAMMY  SANDOVAL,  DEPUTY  COMMISSION FOR  THE  DEPARTMENT  OF                                                                   
HEALTH  AND SOCIAL  SERVICES OFFICES  OF CHILDREN'S  SERVICES                                                                   
testified regarding the bill.    She stated that the original                                                                   
intent  of HB  408  was  to comply  with  federal  law.   The                                                                   
"Keeping  Children and  Families Safe  Act" of 2003,  amended                                                                   
the Child  Abuse Prevention  and Treatment  Act (CAPTA),  and                                                                   
enacted new  federal requirements for those  states receiving                                                                   
CAPTA  funds.   She then  explained  that the  bill had  been                                                                   
amended to include  a reporting requirement at  delivery by a                                                                   
health  care  provider  determining  that a  child  has  been                                                                   
"adversely affected  by or is  withdrawing from expose  to, a                                                                   
controlled  substance  or  alcohol".     She  explained  that                                                                   
Sections  1,  2  &  3  related   to  reasonable  efforts  and                                                                   
involuntary termination of parental  rights.  She stated that                                                                   
these sections had been amended  to require the court to find                                                                   
clear and  convincing evidence,  rather than a  preponderance                                                                   
of evidence, prior to terminating parental rights.                                                                              
                                                                                                                                
Ms. Sandoval  referred to Jan Rutherdale,  Assistant Attorney                                                                   
General,  Department of  Law, who  was online  to answer  any                                                                   
questions.                                                                                                                      
                                                                                                                                
Ms.  Sandoval   also  referred  to  Section   4,  related  to                                                                   
Department   of   Health   and  Social   Services   and   the                                                                   
Administration's disclosure to  public officials.  Sections 5                                                                   
and 6  related to  disclosure of  agency records, amended  to                                                                   
comply with the intent of HB 53,  as it relates to disclosing                                                                   
information about  high profile  child protection case.   She                                                                   
noted that  they had experienced  the function of HB  53, and                                                                   
suggested the  new language to provide more  transparency and                                                                   
accountability.    She  concluded   that  Section  7  changes                                                                   
conditions  under  which  OCS  could release  a  child's  PFD                                                                   
account trust monies.                                                                                                           
                                                                                                                                
2:49:46 PM                                                                                                                    
                                                                                                                                
Representative Kerttula  asked    regarding   changing    the                                                                   
evidence  standard to  clear  and convincing,  and  expressed                                                                   
concern that  currently if the  court found by  preponderance                                                                   
of evidence,  which was a  lower standard, children  could be                                                                   
pulled out for a number of serious  circumstances.  She asked                                                                   
how the department of law felt about raising the standard.                                                                      
                                                                                                                                
2:50:58 PM                                                                                                                    
                                                                                                                                
JAN  RUTHERDALE, ASSISTANT  ATTORNEY  GENERAL, DEPARTMENT  OF                                                                   
LAW  noted  that  the  amendments   involve  the  termination                                                                   
statutes only,  and not the  initial removal, which  is under                                                                   
temporary  custody and  adjudication.   She  stated that  the                                                                   
department of  law actually pointed out the  current problem,                                                                   
due  to the  constitutional  argument  that  the standard  of                                                                   
evidence was too low.                                                                                                           
                                                                                                                                
2:51:59 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault referred to  the indeterminate fiscal note,                                                                   
and asked  if OCS  would be  affected by  the requirement  to                                                                   
track permanent  fund monies  for children  until the  age of                                                                   
18.   Rep  Chenault asked  how many  children were  currently                                                                   
tracked in this way.                                                                                                            
                                                                                                                                
Ms.  Sandoval  noted that  the  indeterminate  note had  been                                                                   
prepared  earlier, but  that  after clarification  about  the                                                                   
intent of  the provision  with the  sponsor, the fiscal  note                                                                   
was changed to zero.  She responded  that only 17 children in                                                                   
this year had been placed in guardianship.                                                                                      
                                                                                                                                
2:53:12 PM                                                                                                                    
                                                                                                                                
Representative Kerttula  asked  about the section  that added                                                                   
alcohol into the definition of  child abuse and neglect.  She                                                                   
noted a concern with section 8  regarding the level of effect                                                                   
from alcohol that would constitute  the definition.  She gave                                                                   
the example  that an individual  might have consumed  alcohol                                                                   
before  knowing they were  pregnant, and  expressed that  she                                                                   
did not believe this should fall under the definition.                                                                          
                                                                                                                                
2:54:58 PM                                                                                                                    
                                                                                                                                
Ms. Rutherdale  responded from  a legal standpoint  that this                                                                   
section  applied only  with children born  with very  obvious                                                                   
fetal alcohol syndrome, but not  when a person had consumed a                                                                   
minor amount of alcohol prior  to knowing they were pregnant.                                                                   
She stated  that other affects  of alcohol were  not apparent                                                                   
until  a  child  had entered  school  age,  presenting  in  a                                                                   
child's ability to focus, poor judgment ability, etc..                                                                          
                                                                                                                                
2:56:31 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer opened  the floor to public testimony.   There                                                                   
was  no  one  available  for  testimony,  and  testimony  was                                                                   
closed.                                                                                                                         
                                                                                                                                
Co-Chair Meyer asked  about  the indeterminate  fiscal  note,                                                                   
and Ms. Rutherdale reiterated  that once a confusion had been                                                                   
clarified, the fiscal note had been reflected as zero.                                                                          
                                                                                                                                
2:57:50 PM                                                                                                                    
                                                                                                                                
Ms. Moss explained the concern  that, in the way the bill had                                                                   
been written,  OCS would be  required to apply  for dividends                                                                   
for children that were no longer  in their custody but with a                                                                   
legal guardian.    She explained that dividends  were applied                                                                   
for only when the child was in  the custody of OCS; otherwise                                                                   
their legal guardian would apply.                                                                                               
                                                                                                                                
2:58:35 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault MOVED  to create  a Zero  Fiscal Note  for                                                                   
Health and  Social Services, Children's Services,  Children's                                                                   
Services Management,  Component #2666 (3/07/06).  There being                                                                   
NO OBJECTION, it was so ordered.                                                                                                
                                                                                                                                
2:59:11 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault   thanked  Ms. Sandoval  for her  good work                                                                   
resolving cases.  He then MOVED  to REPORT CS HB408 (FIN) out                                                                   
of  Committee  with individual  recommendations  and  2  zero                                                                   
fiscal notes (#1, DHSS; New, HFC).                                                                                              
                                                                                                                                
There being NO  OBJECTIONS, the bill was passed  by UNANIMOUS                                                                   
CONSENT.                                                                                                                        

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