Legislature(2001 - 2002)
04/19/2001 03:07 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 180-BACKGROUND CHECK OF YOUTH WORKER CHAIR DYSON announced that the next order of business would be HOUSE BILL NO. 180, "An Act requiring child services providers to obtain criminal background checks for child services workers." Number 0735 REPRESENTATIVE LESIL McGUIRE, Alaska State Legislature, came forth as sponsor of HB 180. She requested a motion to adopt the committee substitute (CS), version 22-LS0642\P, Lauterbach, 4/9/01, as the working document. CHAIR DYSON asked if there was any objection to adopting the proposed CS as a work draft. There being no objection, Version P was before the committee. REPRESENTATIVE McGUIRE stated that HB 180 requires background checks of volunteer child service workers. A man from her district would share his story [with the committee]. Three of his four children have been victims of sexual abuse while under the supervision of volunteer child workers. This bill, she said, is an attempt at trying to minimize the level of risk children are exposed to when in the hands of volunteers. There are many laws in [Alaska] statutes that regulate specific state services such as foster care homes; however, the area of volunteers is sort of vague. She stated that there are some organizations such as the Boys and Girls Club that have recognized a need for this and have taken it upon themselves to require background checks of their volunteers. The cost associated with that background check is a $20 fee, which can be paid by the volunteer or by the organization. REPRESENTATIVE McGUIRE noted that it is mandated in the bill for state background checks, as opposed to federal, in order to not be too punitive as far as the cost. There are some exemptions in the proposed CS such as Sunday school teachers; nursery volunteers at a church; and a parent, guardian, or relative participating in school-sponsored functions. She said this is an attempt to try to narrow any unintended consequences that the bill might have. Number 0929 REPRESENTATIVE McGUIRE stated that she has some amendments she would like to offer. The first amendment would be on page 1, lines 11 and 12, and would delete any reference to current offender information. This would make it so a report can only note a conviction involving a serious offense. The second amendment, on page 2, line 27, would add "parent, guardian, or relative of a child". It would then read, "while a parent, guardian, or relative of the child is in attendance at the religious service". REPRESENTATIVE McGUIRE stated: I think the goal of the bill is very clear; we want to try to protect our children in any way that we can. ... Statistics show that where there has been a conviction in the past of sexual molestation, there is a higher degree of risk. We cannot protect our children 100 percent ... but we can as [legislators] take steps to try to minimize those risks. This would be one of those steps - requiring the background checks. ... There are some due process aspects to the bill that are important. If you notice, on page 2, [lines] 16 and 17, the individual can challenge the accuracy and completeness of the report. Number 1060 REPRESENTATIVE STEVENS asked how much a federal background check costs. REPRESENTATIVE McGUIRE answered that it costs $99.00. CHAIR DYSON stated that as he reads this, a babysitter would have to get a background check. REPRESENTATIVE McGUIRE responded that she has been trying, through the use of amendments, to minimize the vagueness [of the bill], and feels that the goal is relatively clear. She added that she is amenable to any changes. She stated that this is one of those difficult tasks as a lawmaker: to recognize a problem and then draft a bill to try to address the problem. She said she looked at what other states are doing, and this bill is pretty much in line with the other states. REPRESENTATIVE CISSNA stated that page 1, line 6, says the background check is required of a child services provider. If a parent decides to act as the hiring agent for someone who comes into his or her home, that's different than putting a child in a situation in which [the parents] have the assurances that someone has taken the same effort [that the parents] would take. REPRESENTATIVE McGUIRE remarked that that was the intent. Number 1308 REPRESENTATIVE STEVENS asked Representative McGuire to explain who a volunteer child services provider would be. REPRESENTATIVE McGUIRE responded that the definition section in the bill [on page 3], states that "provider" means a business, organization, or entity that provides child services. CHAIR DYSON added that on page 3, line 2, it states, "child service" means [the case] treatment, education, training, [institution,] supervision, [or] recreation. On page 3, line 11, "provider" means a business, organization or other entity, whether public, private, for profit, nonprofit, or voluntary, that provides child services. He said he thinks this would include Boy Scouts and "girls club." REPRESENTATIVE STEVENS asked if that would, then, also include arts or Native organizations that have summer camps. CHAIR DYSON answered yes, and that it could also include the local neighborhood babysitting cooperative. Number 1421 REPRESENTATIVE CISSNA stated that this definition is a business, which is different from a cooperative. CHAIR DYSON disagreed and reiterated the definition on page 3, line 11. REPRESENTATIVE McGUIRE stated that there is a concern and a debate on this. She said since a constituent of hers brought this [concern] to her attention and she has drafted the bill, she has received over 150 concerns from parents. REPRESENTATIVE COGHILL said he thinks rather than mandating that a person cannot be employed, people need to be encouraged to check up on whomever they use as volunteers. REPRESENTATIVE CISSNA asked if it would be too specific if it were to say on page 3, line 2, "child services means the professional care". Number 1586 JACK BOWEN testified via teleconference on behalf of himself on HB 180. He stated: Around the middle of February, the first part of March, I sent out an e-mail about a program that is going to be on the Discovery Channel. Basically it was about pedophiles [and] where they operate. One of the things that they do is they associate themselves with youth organizations as a volunteer and then they groom the child so they can have access to them by themselves. This is not excluding anybody. If you look in the Anchorage newspaper and watch TV, there [are such headlines as] "Anchorage Teacher: Sexual Contact"; ...; "Fire Chief: Sexual Contact"; "Wasilla Teacher: Sexual Abuse of a Miner"; "Fairbanks Minister: 12 Counts of Sexual Abuse of a Minor, Sexual Contact, Indecent Exposure"; "Anchorage Hockey Coach: Drugs Possession"; "Boys and Girls Club Employee Fairbanks: Sexual Abuse of a Miner"; "Murder of a Little Girl in Sitka." These things have got to be stopped. I work as a volunteer for an organization that does a lot of work with kids. I've worked for Little League and I work for [the] Alaska (indisc.) Softball Association, and we run background checks on everybody [who] coaches with the kids. Some organizations do; some of them don't. My youngest daughter, unfortunately, came in contact with a coach with an organization that did not run a background check. He was a multiple convicted felon in the state of Alaska and never had a background check done. I think it's time that this ceases. The state of Alaska has one of the highest rates of child abuse in the nation; I don't think that's something we should be proud of. CHAIR DYSON stated that [the committee] is trying to figure out where to draw the line with babysitters. MR. BOWEN responded that he doesn't think neighborhood babysitters apply. He said he thinks any of the organizations that have volunteers working for them to officially provide youth care services should be included. Number 1738 DICK BLOCK, Christian Science Committee Publication of Alaska, testified via teleconference on HB 180. He stated that his concern when he first reviewed this legislation was that it seemed to be broad enough to cover Sabbath schoolteachers and those who are volunteering to work in a nursery during Sunday services. He added that he is sure that is not the intent. He said he would like to thank Representative McGuire and her staff for accommodating [the Christian Science Committee Publication of Alaska's] concern by already putting the amendment into the proposed CS. REPRESENTATIVE STEVENS asked Mr. Bowen whether his organization pays [for the background checks] or if the volunteers pay for them. MR. BOWEN answered that the volunteers do. He said he has his background check done once a year and also has a federal background check. He noted that he keeps a copy of these and that one background check is good for [more than one organization]. REPRESENTATIVE STEVENS said he has made a list of what his children have been involved in, which includes summer softball camps, wrestling, piano, and dance. He asked if all of those would be on [Mr. Bowen's] list of [activities for which] people would be subject to this check. Number 1852 MR. BOWEN responded that he would think if [a person] has many children around him or her and is left alone [with the children], parents would want to know that the person does not have any convictions for assaulting a child. REPRESENTATIVE STEVENS stated that he thinks Mr. Bowen is right; however, he thinks it is necessary to know how extensive this requirement will be. MR. BOWEN remarked that he would tend to take a stand that would be more rigid than some people's because of the experiences he has gone through. He stated that his two oldest children were assaulted by a physical education teacher. His oldest daughter was [assaulted] from the time she was 10 till she was 16. His son, and now his youngest daughter, [were assaulted] by a coach who worked for one of the sports organizations in Anchorage. CHAIR DYSON stated that he doesn't think [the committee] is ready to pass the bill out. He said two things to consider are the organizations that have stature in government or have filed as a nonprofit, and any organization that by its nature has to have insurance. This could tell if there is a way to tailor the law so that if [organizations] have background checks, their insurance rates go down or, contrarily, if they don't, their liability insurance doubles or triples. MR. BOWEN stated that one of the ideas he had was if an organization didn't perform background checks, it would lose its limit of liability with the insurance company and the insurance company would be forced to pay [the organization's] judgment. He said this would make the insurance companies require organizations to run background checks in order to get insurance. [HB 180 was held over.]
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