Legislature(2005 - 2006)CAPITOL 106
04/05/2005 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB14 | |
| HB214 | |
| HB13 | |
| Professional Teaching Practices Commission | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| HB 214 | |||
| = | HB 14 | ||
| = | HB 13 | ||
HB 14-DISCLOSURES BY FOSTER PARENTS CHAIR WILSON announced that the first order of business would be HOUSE BILL NO. 14, "An Act relating to disclosure of information about a child or a child's family to a legislator or a member of a legislator's staff; and making conforming changes." 3:08:00 PM REPRESENTATIVE NORMAN ROKEBERG, Alaska State Legislature, sponsor, informed the committee that the issue addressed in HB 14 was brought to his attention when reviewing the multiple problems of the Office of Children's Services (OCS). He explained that he decided not to include this matter in Representative Coghill's family right's act because the matter is peculiar to the legislature. This legislation, HB 14, would provide legislators and staff further access to information from foster parents, who are currently unable to converse with legislators about matters relating to a child in need of aid or a child under their care. 3:09:29 PM HEATHER NOBREGA, Staff to Representative Rokeberg, Alaska State Legislature, explained that HB 14 allows foster parents to call legislators to discuss a child under their care. She noted that the language on page 2, line 2, opens up confidential and privileged information about the [foster] child or his/her family. However, OCS is opposed to allowing foster parents to disclose confidential and privileged information about the foster child's family, and therefore the sponsor is open to deleting the language referring to the foster child's family. REPRESENTATIVE ROKEBERG pointed out that currently natural parents can talk with legislators. He mentioned that Representative Gardner had spoken with him regarding an amendment addressing guardians ad litem. He expressed his desire for the legislation to move forward. 3:11:55 PM REPRESENTATIVE KOHRING inquired as to why the state is reluctant to provide the information [regarding the foster child's family]. REPRESENTATIVE ROKEBERG answered that it's probably related to the state's policy of confidentiality, which he opined is overreaching and has created a veil of secrecy. 3:12:58 PM REPRESENTATIVE SEATON asked whether the people to whom this information can be disclosed include a legislator's staff. He asked if a legislator's staff would be under the same legal constraints as those named categories in the legislation. MS. NOBREGA referred to page 2, line 16, which prohibits the disclosure of this confidential and privileged information to anyone not authorized to receive it [as specified in Section 1]. 3:15:43 PM TAMMY SANDOVAL, Acting Deputy Commissioner, Office of Children's Services, Department of Health and Social Services, said that the department wants to be responsive to the needs of foster parents. However, AS 47.10.080(q) clearly defines and limits the information to which foster parents are entitled. Per statute, foster parents are entitled to the foster child's case plan, medical, mental health, and educational information in order to assist the foster parent in providing the proper care and safety for that foster child and his/her family. That same statute also requires foster parents to maintain the confidentiality of records regarding a child placed in their home, except when the disclosure of the records is necessary to obtain medical or educational services. Ms. Sandoval informed the committee that many avenues already exist to allow the input of foster parents when making decisions for the foster child. In fact, foster parents are part of the regular case review system, which allows them to express any concerns about the plan or the services being provided. Furthermore, foster parents are allowed to attend court hearings and provide testimony to the judge. Ms. Sandoval highlighted that foster parents are welcome to contact the foster child's social worker, the social worker's supervisor, a staff manager, the OCS manager, as well as the central office. Moreover, foster parents have access to the formal process, which is now part of HB 53. MS. SANDOVAL related that OCS's experience is that foster parents don't typically resort to contacting legislators about services to children per se, but rather at times the attachment between the foster parents and the child cause the foster parent to be opposed to the foster child being reunited with his/her biological family or other permanency plan. Ms. Sandoval clarified, "We are not suggesting that foster parents should not have the right to call their elected officials with complaints and/or concerns about their interactions with us, the goal is to support them in the best of their ability." She expressed the desire of OCS to respond quickly and resolve those issues it can, including issues about the application process, foster care licensure, training, monthly payments or special funding requests, and communication and support from the social worker. Ms. Sandoval specified that the department has a neutral position on HB 14, although it questions its necessity and impact to existing law. 3:19:54 PM REPRESENTATIVE SEATON expressed the desire to be sure that there is not a difference of opinion with regard to the answer to his previous question. MS. SANDOVAL, in response to Representative Seaton, related her understanding that a legislator's staff will now be included in the group of individuals who can receive the confidential and privileged information. She noted that she had wondered why a legislator's staff was pointed out as different than "an employee of these persons", which is the language used on page 1, line 12. With regard to page 2, line 16, Ms. Sandoval opined that criminal statutes apply. CHAIR WILSON surmised then that [a legislator's staff] was already included. MS. SANDOVAL said that she believes that the language "an employee of these persons" does already include [a legislator's staff]. REPRESENTATIVE CISSNA inquired as to the proper procedures for the disposal of confidential and privileged information. MS. SANDOVAL said that she didn't know what guidelines direct the legislature with regard to such records. REPRESENTATIVE CISSNA expressed the need for there to be guidelines for legislators regarding the disposal of confidential and privileged information. She also expressed the need for access to a shredder. 3:23:27 PM MS. SANDOVAL, in response to Representative Seaton, confirmed that the department is in favor of Representative Rokeberg's suggestion to remove the references to "the child's family". 3:24:24 PM REPRESENTATIVE CISSNA related that she recently attended the Child Welfare League's meeting on performance measures. Under discussion at that meeting was the recognition of the imbalance of power, mainly in relation to natural parents. However, Representative Cissna opined that it also applies to foster parents. She related her belief that having legislators enter the picture seems to equalize the situation a bit. 3:26:08 PM MS. SANDOVAL said that's why foster parents are invited to come to court hearings in which the judge serves as the neutral party. She noted that there are numerous ways in which foster parents can be heard by a neutral party. REPRESENTATIVE SEATON moved that the committee adopt Conceptual Amendment 1, to delete the language "for a child's family" throughout the legislation, including on page 1, line 1. There being no objection, Conceptual Amendment 1 was adopted. MS. NOBREGA clarified that there are locations in the legislation where references to the "child's family" should remain. She suggested only deleting the references to the "child's family" that were inserted in statute by HB 14. 3:28:19 PM REPRESENTATIVE SEATON moved to rescind the committee's action in adopting Conceptual Amendment 1. There being no objection, Conceptual Amendment 1 was rescinded. 3:29:03 PM REPRESENTATIVE SEATON then moved that the committee adopt New Conceptual Amendment 1, as follows: Page 1, line 1: Delete "or a child's family" Page 2, line 2: Delete "or a child's family" There being no objection, New Conceptual Amendment 1 was adopted. REPRESENTATIVE GARDNER opined that HB 14 is good legislation because foster parents are asked to parent a foster child as they would their own. At the same time, the hands of the foster parents are tied in that they don't always have access to the information that they need. Therefore, she expressed the need to have all the avenues which the foster parent has in advocating for the foster child open. 3:30:48 PM REPRESENTATIVE KOHRING moved to report HB 14, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 14(HES) was reported from the House Health, Education and Social Services Standing Committee.
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