04/25/2002 03:03 PM House HES

SB 295 - LICENSING:DISCLOSURE OF MINORS' RECORDS                                                                              
                                                                                                                                
CHAIR DYSON  announced that the  next order of business  would be                                                               
SENATE  BILL NO.  295,  "An  Act relating  to  the disclosure  of                                                               
information  regarding  delinquent  minors to  certain  licensing                                                               
agencies; and providing for an effective date."                                                                                 
                                                                                                                                
Number 0875                                                                                                                     
                                                                                                                                
WENDY   HALL,  Staff   to  Senator   Pete  Kelly,   Alaska  State                                                               
Legislature,  presented  the bill  on  behalf  of Senator  Kelly,                                                               
sponsor.   She told the committee  that SB 295 was  introduced as                                                               
an attempt to help facilitate  state licensing agencies to ensure                                                               
quality care and safety concerns  are met for all care facilities                                                               
and  programs within  the state.   Currently,  people age  16 and                                                               
older  have  their  background researched  if  they  are  seeking                                                               
employment for  a care  license or  with a  care provider  or are                                                               
residing  in  a home  with  a  care provider  seeking  licensure.                                                               
However, information  for individuals  age 16  or younger  is not                                                               
readily  released to  licensing  agencies.   That information  is                                                               
only accessible  through the Division  of Juvenile Justice.   Its                                                               
hands are somewhat  tied in the fact it can  only release certain                                                               
information  in   certain  circumstances  to   certain  licensing                                                               
agencies.  A woman could apply  for a day care license to provide                                                               
care out  of her  home and  could have a  14-year old  son living                                                               
there who is a convicted  child molester.  The licensing agencies                                                               
would  have  no knowledge  about  this  and  would give  her  the                                                               
license.   She said that  children and adults  could be put  in a                                                               
situation with an offender in the home.                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL  asked if  this bill passes,  will someone                                                               
go back and look at people who have licenses now.                                                                               
                                                                                                                                
MS. HALL answered no.                                                                                                           
                                                                                                                                
Number 0995                                                                                                                     
                                                                                                                                
ROBERT BUTTCANE,  Legislative & Administrative  Liaison, Division                                                               
of  Juvenile Justice,  Department  of Health  & Social  Services,                                                               
came forward  to testify.  He  expressed support for SB  295.  He                                                               
told  the  committee that  over  the  years the  legislature  has                                                               
enacted  a number  of licensing  bills  requiring care  licensing                                                               
authorities  to  do background  checks  on  people 16  years  and                                                               
older.   The  current delinquency  statute governing  delinquency                                                               
records  isn't entirely  sufficient to  be able  to release  that                                                               
information.                                                                                                                    
                                                                                                                                
MR. BUTTCANE  described a situation in  which a woman asks  for a                                                               
daycare license  in her own family  home, and she has  a 17-year-                                                               
old boy who lives in the  home.  Currently, the statute says that                                                               
the division can  release the delinquency information  if the 17-                                                               
year  old is  going to  be an  employee of  the woman.   Although                                                               
there may not be a clear intent  that the 17-year old is going to                                                               
be employed by  this woman in this daycare business,  there is an                                                               
inferred employee  relationship in  that if mom  runs out  to the                                                               
store, she will leave the 17-year  old in charge of the children.                                                               
Therefore, there  is a quasi-employee relationship  and thus that                                                               
information on the  17-year old is provided to  the Department of                                                               
Education &  Early Development.   This legislation would  make it                                                               
very explicit  that the  division actually  has the  authority to                                                               
provide relevant  delinquency information to childcare  and adult                                                               
care licensing entities.                                                                                                        
                                                                                                                                
MR. BUTTCANE  told the committee that  this fixes a problem.   He                                                               
acknowledged there  has not been  a problem, but he  doesn't want                                                               
to have  a situation where  information has been withheld  from a                                                               
licensing agency  that really  is necessary  to make  an informed                                                               
decision about the safety of care providers.                                                                                    
                                                                                                                                
Number 1106                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  referred to  page 2, lines  27 to  29 and                                                               
asked what  "another jurisdiction  that has the  authority" might                                                               
be.                                                                                                                             
                                                                                                                                
MR.  BUTTCANE  replied  that sometimes  licensing  functions  are                                                               
delegated to  Native entities or  municipalities.  While  they do                                                               
not have  the ultimate licensing  authority, some of the  work to                                                               
gather information  on licensing  issues is delegated  to another                                                               
entity.  This would allow them  on behalf of the agency that does                                                               
have licensing authority to gather that information.                                                                            
                                                                                                                                
Number 1152                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  wondered if the same  safeguards would be                                                               
followed as far as access to the information.                                                                                   
                                                                                                                                
MR. BUTTCANE answered, yes, there  are specific guidelines on how                                                               
to use that  information and who has access to  it.  He explained                                                               
that it  is delineated in  the policies  and practices as  to how                                                               
that information is transmitted and used.                                                                                       
                                                                                                                                
REPRESENTATIVE COGHILL asked about someone losing the license.                                                                  
                                                                                                                                
MR.  BUTTCANE  replied that  this  bill  specifically allows  the                                                               
division to  give information to  the licensing entity,  and then                                                               
it's  the licensing  entity that  makes the  decisions about  the                                                               
suitability  of the  applicant or  whether to  license the  home.                                                               
There are  a number of regulations  that guide that as  to when a                                                               
license can be  issued or when it should be  suspended because of                                                               
adverse information that's determined.   This bill speaks only to                                                               
the authority that  the division has to  provide that information                                                               
to the  licensing entity.   What the  licensing entity  does with                                                               
that  information is  covered in  other sections  of the  law, he                                                               
said.                                                                                                                           
                                                                                                                                
Number 1244                                                                                                                     
                                                                                                                                
CHAIR DYSON  commented that his  research says that  a disturbing                                                               
number  of  perpetrators  of  sexual   assault  on  children  are                                                               
juveniles, including some who have profound disabilities.                                                                       
                                                                                                                                
Number 1267                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  moved to  report SB  295 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There being no objection,  SB 295 was reported out of the                                                               
House Health, Education and Social Services Standing Committee.