Legislature(1999 - 2000)
02/24/2000 03:06 PM House HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 321 - CONFIDENTIALITY OF CINA HEARINGS & RECORD Number 0088 CHAIRMAN DYSON announced the first order of business as House Bill No. 321, "An Act relating to the confidentiality of investigations, court hearings, and court and public agency information in child in need of aid matters; relating to immunity regarding disclosure of information in child in need of aid matters; amending Rules 3 and 22, Alaska Rules of Child in Need of Aid; and providing for an effective date." DOUG WOOLIVER, Administrative Attorney, Office of the Administrative Director, Alaska Court System, came forward to testify. He indicated that the court doesn't take a position on HB 321 one way or another, but HB 321 makes a lot of changes that will affect the court system. In most courts, the CINA [Child in Need of Aid] records are kept in the "one child, one file rule," so the delinquency file is with the CINA file if it is joint. Procedurally the court will separate all of those type of files into two separate files, and then separate the CINA files based on what parts are open or closed. MR. WOOLIVER explained that the clerks will need to be trained on what information is going to be confidential and how to handle records requests. When someone requests a CINA file, it could be a simple process, or it could be an enormous process. Not only are there certain documents that are entirely confidential, there are lots of documents that are only confidential in part. If there is any confidential information in the document, it would have to be redacted. The clerk will have to go through the document page by page to make sure there isn't any confidential information mentioned anywhere in the document. There are many unknowns in this process. The court is assuming there won't be a huge interest in the records requests; if the court is wrong, his fiscal note is inadequate. If 80 percent of the hearings are in fact going to be closed, that will add a great deal of time to the process. Another unknown is how much motion practice there will be. MR. WOOLIVER noted that the pilot project on this in Minnesota didn't get as bad as previously thought. However, Alaska may have a completely different approach. Oregon has open hearings because of the way their court interpreted Oregon's constitution; it wasn't a statute that their legislature passed opening the hearings. Number 0574 CHAIRMAN DYSON expressed his concern about the unsubstantiated information in the CINA files in the department. He asked Mr. Wooliver if he understood that the unsubstantiated records would remain closed. MR. WOOLIVER answered he didn't look at the provisions that govern the agency records closely. If it were to become part of a court record, it would be open. He is not sure how the agency handles unsubstantiated reports and whether the records end up in a court proceeding or court record. He understands that the agency records wouldn't release the unsubstantiated reports of harm, but he doesn't know the likelihood of those making it into a subsequent court record. Those records have always been confidential so it hasn't been an issue. CHAIRMAN DYSON asked Mr. Wooliver about the fiscal note. MR. WOOLIVER indicated there is a $116,000 fiscal note. There is $33,000 for training the court clerks, magistrates, judges and developing the new filing procedures. The ongoing costs are $83,000 for part-time clerks to be distributed around the state where the needs are. KAREN PERDUE, Commissioner, Department of Health & Social Services (DHSS), came forward to testify on HB 321. She indicated that she had participated in the two-year process that brought this bill forward. The bill provides for open court proceedings, open court records and the fact that the confidentiality of the child should be protected at all times. It gives the court the ability to not release certain records that are confidential as well. There is some increased openness of agency records, but by in large, agency records are to remain closed because there are unsubstantiated records and confidential information about reporters. COMMISSIONER PERDUE explained that the task force looked at what was going on in other states. Alaska would be on the leading edge in terms of openness with this bill, but the task force picked up some ideas from the other states. It complies with the federal law which says information should be released on the agency's activities if a child died who was in state custody within the past 12 month;, it brings the department into compliance with CAPTA [Child Abuse Prevention and Treatment Act] in that area. COMMISSIONER PERDUE stated this will be a major change in practice for the department. The bill before the committee is a carefully crafted compromise in weighing the privacy needs of a child and the public's ability to know. CHAIRMAN DYSON asked Commissioner Perdue if the department is saying "pass this law or we're going to get in trouble with the feds because we will not be legal under state law to release information they're requiring, and they're going to get us." COMMISSIONER PERDUE answered no, that is not being said. She wasn't sure if it is close. She will have to check to see if any state has been sanctioned under the capital law, but she doesn't believe so. CHAIRMAN DYSON asked Commissioner Perdue if a parent involved a CINA case has counsel, what agency records can the attorney not get under discovery. COMMISSIONER PERDUE replied she didn't know the answer to that question. CHAIRMAN DYSON asked her to get that answer in writing so he can distribute it to the committee members. CHAIRMAN DYSON asked Commissioner Perdue what is gained by having the openness permitted in HB 321. COMMISSIONER PERDUE replied that the public can see how the child protection system operates including seeing the judge has certain responsibilities to make a decision, seeing there is counsel for the parent and the state and seeing a lot of things people do not understand about the system. There are multiple parts and all those parts have to work together to do the best job for the public in protecting children and protecting the rights of parents. There is so much mystery around the process, and people need to see it. However, the line must be drawn to protect the child and family. She agreed with Chairman Dyson that the main thing gained will be a better informed public and some more accountability. CHAIRMAN DYSON asked Commissioner Perdue to let the committee know what the priority is for HB 321 because it will be difficult to get through all the legislation for DHSS this year. [HB 321 was heard and held.]
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