Legislature(2005 - 2006)CAPITOL 106
02/09/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| Professional Teaching Practices Commission | |
| HB408 | |
| Overview: National Council on Alcoholism & Drug Dependence | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 408 | TELECONFERENCED | |
HB 408-DEFINITION OF CHILD ABUSE AND NEGLECT 3:36:20 PM CHAIR WILSON announced that the next order of business would be HOUSE BILL NO. 408, "An Act relating to the definition of 'child abuse and neglect' for child protection purposes; and providing for an effective date." 3:36:55 PM JOANNE GIBBENS, Program Administrator, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), stated departmental support for the proposed amendment [later labeled and adopted as Amendment 2] as it addresses issues previously discussed in committee [February 7, 2006], and reflects current reporting practices to OCS. That amendment [Amendment 2] read [original punctuation provided]: Page 1, line 8, following "thereby;": Insert ""child abuse or neglect" includes a determination, at delivery, by a health care provider that a child has been adversely affected by, or is withdrawing from exposure to, a controlled substance or alcohol;" Page 1, lines 9 - 12: Delete all material. Page 1, line 13: Delete "(B)" Insert "(A)" Page 2, line 2: Delete "(C)" Insert "(B)" 3:38:13 PM CHAIR WILSON pointed out that [Amendment 2] is the definition of child abuse or neglect with the inclusion of "or alcohol." However, this change does not effectively alter how these issues are currently being handled by OCS or statewide medical facilities. 3:38:33 PM REPRESENTATIVE ANDERSON posed a scenario in which a social drinker who is not aware of her pregnancy takes measures upon her awareness of being prenatal, but subsequently births a child with fetal alcohol syndrome disabilities (FASD). He asked if the parent(s) would then be faced with having the infant reported to OCS. He related that he has received a broad spectrum of opinions regarding alcohol affects on unborn children and expressed his concern for the possibility of an unwitting situation. MS. GIBBENS explained that this bill addresses situations when a health care provider has a reason for concern, and that a report to OCS does not mean a child will be remanded by the state. 3:41:24 PM CHAIR WILSON reiterated that this bill does not change anything in current practice in the state, but simply provides state statute for what is already occurring and to conform to federal language and requirements. REPRESENTATIVE GARDNER pointed out the possibilities that may be looked at as options to state remand: no action may be required, following a family assessment; supportive home services may be employed; spousal presence in the home may be made conditional; or whatever may be deemed necessary and available to assure the safety of the child. 3:43:25 PM REPRESENTATIVE GATTO pointed out that on page 1, line 1, the word "and" disagrees with the remaining language of the bill and should be changed to "or" to maintain consistency. STACIE KRALY, Chief Assistant Attorney General, Statewide Section Supervisor, Human Services Section, Civil Division, Department of Law (DOL), pointed out that the title does need to be amended to "or" to remain consistent with AS 47.17.290(2) and the remainder of the bill. REPRESENTATIVE GATTO moved to adopt Amendment 1, deleting the word "and" from page 1, line 1, and inserting the word "or." There being no objection, Amendment 1 was adopted. 3:45:26 PM REPRESENTATIVE GARDNER offered Amendment 2 [text previously provided] and explained that this amendment effectively redefines the abuse statute. She pointed out that child abuse includes exposure, withdrawal, and adverse effects of controlled substances or alcohol, but that the fact that a child has been exposed does not mean harm has occurred, or that a child is experiencing withdrawal symptoms. 3:46:42 PM REPRESENTATIVE ANDERSON reiterated his concern for an unwitting situation that results in, or a suspicion of, an FASD infant and the possible consequences. REPRESENTATIVE GARDNER reminded the committee that if OCS is called and a report made, it does not mean the child is removed from parental custody; rather an assessment would be made to ascertain the welfare of the child. REPRESENTATIVE ANDERSON maintained his concern for the judicial aspect of the bill. 3:49:15 PM REPRESENTATIVE CISSNA expressed concern that [by the time a report is made to OCS] the mother and child may have already "fallen off of a cliff." She reminded the committee as to the need to address programs that take proactive preventative measures. 3:50:20 PM CHAIR WILSON asked if statute is in place that will ease the concerns of the committee. MS. GIBBENS said that there is statute addressing the appropriate protocol for contacting OCS in a situation in which a parent who is abusing a substance that interferes with the proper care of his/her child(ren). 3:51:27 PM REPRESENTATIVE ANDERSON said he agreed with Representative Cissna that there is no need to focus on tougher penalties but rather proactive/preventative programs to curb recidivism. 3:52:20 PM CHAIR WILSON, upon determining there was no objection, announced that Amendment 2 was adopted. REPRESENTATIVE ANDERSON moved to report HB 408, as amended, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 408(HES) was reported from the House Health, Education and Social Services Standing Committee. 3:53:35 PM REPRESENTATIVE CISSNA reiterated her concern with regard to prevention. She highlighted the language she gave to committee members regarding an effective state program. She indicated that legislation based on the language she provided to the committee proposes the use of public health nurses to do healthy family training, assessments, mentor parents, and work proactively for the child. 3:56:02 PM CHAIR WILSON commented that the aforementioned is something that one must consider in terms of how the state can address such. She further commented that are some prevention monies that she hoped would stay in the budget in order to achieve such [prevention activities].
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