Legislature(2005 - 2006)CAPITOL 106
02/07/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): || Department of Education and University of Alaska | |
| HB408 | |
| Overview(s): || Department of Health and Social Services – Bring the Kids Home (btkh) | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 408 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 408-DEFINITION OF CHILD ABUSE AND NEGLECT CHAIR WILSON announced that the next order of business would be HOUSE BILL NO. 408, 24-GH2021\A, "An Act relating to the definition of 'child abuse and neglect' for child protection purposes; and providing for an effective date." 3:42:14 PM JOANNE GIBBENS, Program Administrator, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), presented HB 408 on behalf of the governor, and stated that this bill brings Alaskan statute into compliance with federal law. She explained that the Keeping Children and Families Safe Act of 2003 amended the Child Abuse Prevention and Treatment Act (CAPTA), which is the funding source for OCS's child abuse and neglect prevention and treatment programs. The definition of "child" is amended in HB 408 to include "an infant who has been identified by a health care provider involved in the delivery or care of that infant as being affected by abuse of a controlled substance or from withdrawal from prenatal exposure to a controlled substance." The purpose of the bill is to ensure that health care professionals report such individuals to the department under the state's mandatory reporting laws for child abuse and neglect. She pointed out that, although health care providers are already making these reports, the bill is necessary to be compliant with federal law which requires state statute to reflect a mandate for these reports. 3:43:58 PM REPRESENTATIVE CISSNA asked whether: HB 408 mandates more specific reporting; are these children likely to be taken into custody; what system will be in place to support a state custodial outcome; and is there a follow-up program for the involved parent to help stem recidivism. MS. GIBBENS explained that by expanding the term "child," the scope of all mandated reporters, including a number of different types of health care providers is also expanded. She stated that OCS receives infant related calls on a regular basis and does not anticipate an increase, save certain areas of the state. When a call comes in from a hospital, the OCS response will: establish a family profile for assessment purposes; make a referral for treatment if appropriate; and ascertain the safety of the infant and other siblings in the home. In case work follow-up, OCS works with the hospital staff, substance abuse counselors, and any available local programs that are applicable; albeit a shortage of statewide programs exists. She reiterated that this reporting is already happening. 3:47:55 PM REPRESENTATIVE GARDNER stated that the language of HB 408 defines "child" as "an infant" born into an abusive situation and would it not be more appropriate for the bill language to include any child who is subject to [substance abuse] exposure, either prenatal or postpartum. STACIE KRALY, Chief Assistant Attorney General, Statewide Section Supervisor, Human Services Section, Department of Law (DOL), answered that the bill is expected to encompass children both prenatal and postnatal who have "been exposed to controlled substances through the mother." She explained that DOL drafted HB 408 as a comprehensive vehicle for meeting CAPTA requirements without making unduly burdensome requirements on providers and to quantify what is already in practice. 3:50:39 PM REPRESENTATIVE GARDNER inquired why alcohol is not included in the bill. MS. GIBBENS responded that HB 408 is intended to bring state statute into federal compliance, which only requires addressing illegal substances. She offered to reconvene with the appropriate departments to consider including alcohol as part of the bill. REPRESENTATIVE GARDNER stated that this may be an opportunity to address alcohol as child abuse. MS. KRALY reiterated that the purpose of HB 408 is to comport with federal requirements. CHAIR WILSON inquired if including language to address alcohol would compromise the bill comporting to federal requirements. STACIE KRALY responded that it would not be a problem at the federal level and pointed out that other states do include alcohol in their legislation. CHAIR WILSON asked what the ramifications might be of including alcohol in the bill's language. MS. GIBBENS stated that OCS would probably experience an increase in the number of calls received, although they currently receive calls from medical care providers concerned about prenatal alcohol use and exposure. She pointed out that OCS does respond to these calls. In answer to a question, she clarified that OCS's federal funding is subject to the mandated reporting of, and appropriate response to, illegal substance abuse issues. CHAIR WILSON announced that the bill would be held pending the proposal of amendments. 3:54:55 PM REPRESENTATIVE GARDNER requested the following language changes: Page 1, line 9 Delete "child" includes an infant who has been identified ... Insert "child abuse" includes pre natal exposure ... 3:55:55 PM CHAIR WILSON pointed out the CAPTA requirements contained in the bill packet, and reiterated that this bill would be brought back before the committee on Thursday [February 9, 2006]. REPRESENTATIVE GARDNER cautioned that "we may be opening a can of worms" in dealing with the adult use of a legal substance. CHAIR WILSON acknowledged that, with Alaska being the nation's number one consumer of alcohol, its use presents many social and medical issues in the state. REPRESENTATIVE CISSNA reminded the committee of the need for preventative/recovery programs for parents versus removing their children. She stated that many parents may have the intent of being good parents and she pointed out the need to develop means to assist and educate them to that end. REPRESENTATIVE GARDNER said that despite the need for emphasis on prevention and services, it is imperative to first protect the child and ensure their safety. 3:59:55 PM CHAIR WILSON reiterated that HB 408 would be held and said that it would be brought before the committee again [February 9, 2006].
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