Legislature(2009 - 2010)CAPITOL 106
04/14/2009 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB71 | |
| HB190 | |
| HB188 | |
| HB50 | |
| HB126 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 32 | TELECONFERENCED | |
| += | HB 50 | TELECONFERENCED | |
| += | HB 190 | TELECONFERENCED | |
| += | HB 71 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 188 | TELECONFERENCED | |
HB 126-FOSTER CARE/CINA/EDUCATION OF HOMELESS 4:16:53 PM CO-CHAIR HERRON announced that the final order of business would be HOUSE BILL NO. 126, "An Act relating to continuing the secondary public education of a homeless student; relating to the purpose of certain laws as they relate to children; relating to tuition waivers, loans, and medical assistance for a child placed in out-of-home care by the state; relating to foster care; relating to children in need of aid; relating to foster care transition to independent living; and relating to juvenile programs and institutions." [Before the committee was CSHB 126(EDC).] 4:17:03 PM CO-CHAIR KELLER moved to adopt the proposed Committee Substitute (CS) for HB 126, Version 26-LS0309\C, Mischel, 4/09/09, as the working document. 4:17:25 PM CO-CHAIR HERRON objected. 4:17:33 PM CO-CHAIR KELLER noted that he had worked on this bill more than any other. He said moving too fast with the bill would be troubling, because the proposed policy changes are very big. He acknowledged the helpfulness of Representative Gara. 4:18:34 PM REPRESENTATIVE LES GARA, Alaska State Legislature, as prime sponsor, presented HB 126. He noted that many summits have been held over the past year to figure out how to fix the major problems in Alaska's foster care system in the most efficient manner possible. The proposed legislation would solve two types of problems in the foster care system. First, it would address problem foster youths face in having to frequently move from home to home and school to school, the result of which is an increase in the chance those foster youths will not make it through the school year, graduate on time, or graduate at all. The McKinney-Vento Homeless Assistance Act, a federal Act, was passed to keep homeless youths and youths awaiting foster placement in the same school. Section 1 of HB 126 would extend the same protection to all foster youths. Youths would stay in the same school, as long as it was feasible to do so, and unless their guardians decided a new school would be more beneficial for them. There would also be help with transportation costs. Under the federal Act there is a liaison, and HB 126 further proposes that that liaison would also help foster youths. REPRESENTATIVE GARA said HB 126 reflects a federal standard, which is that social workers should visit with foster youths. In 30 percent of cases, visits only occur once every eight months, and HB 126 proposes that visits occur each month. Other states, including Minnesota, have set that standard, and HB 126 uses the language in Minnesota's law. Representative Gara noted that this provision would be "aspirational" because it cannot be mandated. He said he thinks the Office of Children's Services (OCS) is currently doing a good job in trying to meet the monthly visit goal; therefore, he would consider having that language removed if the committee decides that is what it wants. REPRESENTATIVE GARA noted that a University of Alaska study shows that in Alaska, 40 percent of youths coming out of foster care end up homeless at some point in their lives. The proposed legislation would have the State of Alaska cover the cost of college or state job training for youths coming out of the foster system. Representative Gara said the state does that already, but limits its coverage to 10 youths. The state also provides employment training vouchers (ETVs) through OCS - but only a limited number of them. The bill proposes to fully fund what the state is already doing. He talked about the incentive of telling a foster youth that when he/she graduates from high school, there will be job training or an education through the University of Alaska available. REPRESENTATIVE GARA said currently OCS operates the "Independent Living Program" for youths coming out of foster care, which provides rental assistance to those youths who cannot afford to pay rent. However, that assistance ends after the third month. The proposed legislation would extend that to six months. The daily amount would be up to the amount already given as a daily reimbursement rate to foster parents. The bill proposes that after those six months, if needed, a youth could receive another three months assistance, at "up to half the rate." Representative Gara noted that Version C proposes a full year of rental help, but he said feedback from OCS and some of the youth advocates has indicated that they would be comfortable amending to the six months with a possible three-month extension. REPRESENTATIVE GARA noted that there is another amendment to help nonprofit organizations, including Change Point Church, to recruit foster parents. There is a nationwide movement to extend foster care to those who need it from age 18 to age 21. There are federal matching funds that became available this year, he noted. REPRESENTATIVE GARA related that he has worked closely with the Casey Family Foundation, which is a nationwide group that supports foster youths. The foundation has aided in the formation of Facing Foster Care - a statewide foster youth advocacy group. 4:28:08 PM CO-CHAIR KELLER offered his understanding that the McKinney- Vento Homeless Assistance Act was designed for homeless families; therefore, the liaison in the school is working in the context that there is a presumed parent. He said he thinks the proposed bill would go significantly further than that by including the foster child as "part of the equation in determining what's in the best interest of the child." 4:30:05 PM REPRESENTATIVE GARA responded that the McKinney-Vento Homeless Assistance Act essentially leaves the decision with the guardian as to whether moving to a new school would be beneficial to the student. 4:31:40 PM CO-CHAIR KELLER noted that McKinney-Vento goes beyond that by asking the school district to be able to provide a written explanation of what is in the best interest of the child. 4:31:45 PM AMANDA METIVIER, Statewide Coordinator, Facing Foster Care, noted that she is an alumnus of the foster care system in Alaska and is currently a foster care parent to a teenager. Ms. Metivier stated: As Representative Gara mentioned, our state currently offers 10 tuition waivers a year for youth to age out, and right now there are 28 current and former foster youths statewide who are within the University of Alaska system, utilizing those waivers, and there are ten other youths who are attending college who aren't on the waiver, but do have assistance from the education and training voucher. MS. METIVIER told the committee that she was one of only five recipients of a waiver about five years ago, and she stated with certainty that she would not have attended college if she had not received that waiver the first time she applied for it. She related that she graduated last December with a bachelor's degree in social work. She continued: When I came into foster care I was a high school dropout, and for me, higher education was a way to break the cycle of abuse within my family, as it is for most foster youths who age out of custody. For young people who come into foster care, the state becomes their parent, and, as someone mentioned before, biological parents don't cut their children off when they turn 18, both financially and emotionally. ... For most older youths who come into foster care, permanency isn't going to be an option, so ... for the most part they're not going to be placed in a guardianship or get adopted; ... they're not going to get what is referred to as a "forever family." And so, having assistance from the department and from the state to continue their education is a way for them to not end up homeless and not end up in jail or relying on public assistance for long periods of time. And I think the statistics show that we have young people that aren't doing well, and this is really a reflection of gaps within the system. That ... the ten tuition [waivers] we revere isn't ... enough. And so, for those of us who do succeed, I think it shows that ... something's being done right - these waivers are a good thing. And so, why not extend it to all youths who age out? 4:34:47 PM CAROL COMEAU, Superintendent, Anchorage School District, testified in support of HB 126. She relayed that the district has been working on this issue for quite a few years, beginning with the school board's adopting policies to conform to the McKinney-Vento Homeless Assistance Act. Ms. Comeau noted that the district has been working with Representative Gara and a number of foster care students and alumni in the district who have aged out of the system. MS. COMEAU noted that Section 1 would require the district to provide transportation during summer school. She noted that the district does not provide transportation to students for summer school, because the students come from all over. She stated that the district could not support Section 1 as currently written. 4:36:58 PM REPRESENTATIVE HOLMES said there would be a forthcoming amendment to address that issue. 4:37:08 PM MS. COMEAU emphasized the importance of the language in Section 1, on page 2, lines 2-4, which read as follows: (b) The requirements in (a) of this section do not apply if the student moves to a school district other than the school district in which the student's school of origin is located. MS. COMEAU explained that the district does not want to be responsible for and does not support transporting students out of district. MS. COMEAU then pointed to language in Section 1, subsection (d), paragraph (1), which read: (d) A school district is required to comply with this section only (1) if the legislature appropriates funds for the purpose; and MS. COMEAU asked for clarification as follows: In other words, if the law is passed, does that mean there needs to be a separate allocation to pay for the transportation, or would it be assumed that in the base student allocation funding - this funding we get from the state - that we would have to take it out of that? MS. COMEAU said the district supports the proposed provision that would allow the student to be moved to another school, if the guardian makes the request. 4:38:40 PM REPRESENTATIVE GARA, regarding legislative funding, said the intent is that the legislature does not establish an unfunded mandate. He said he does not think the language is unclear, but offered to take a look at it. 4:39:58 PM MS. COMEAU next pointed out the language in Section 1, subsection (f), which read: (f) A school district shall designate a liaison between the school district and the homeless student and the student's legal guardian to coordinate compliance with this section. MS. COMEAU said her interpretation of that proposed language is based on the district's experience. She explained that it is the role of the district's Child in Transition/Homeless Program, funded out of Title I, to work with these students. She asked, "Are you saying that we need to have a liaison for every child in foster care, or is one district liaison or maybe another one for this adequate?" 4:40:44 PM REPRESENTATIVE GARA indicated that the bill would require the same liaison as is required by the federal Act. Nothing in the language of the bill would require the district to hire any additional personnel. 4:41:53 PM REPRESENTATIVE CISSNA commented that her experience has shown that there is currently so much turnover in schools that allowing a student to stay in a school often becomes a "network" to that student. Foster youths are lacking peer networks that can help them into adulthood. She stated, "We need to do more than this bill allows, but probably this bill sets the stage." 4:43:54 PM MS. COMEAU concurred, but said the district strongly believes that in some cases the flexibility to allow a child to transfer is needed. She opined that HB 126 sends the message that "these young people deserve some extra support because of the very great chaos in their lives." 4:44:23 PM CO-CHAIR KELLER asked Ms. Comeau to confirm whether she supports the entire bill. 4:44:51 PM MS. COMEAU responded that she supports the bill conceptually, but said she has not looked in depth at the other sections of the bill that do not apply to the Anchorage School District or to K-12 education. 4:45:26 PM REPRESENTATIVE SEATON noted that the original bill version would require a best interest finding. He asked Ms. Comeau if she is comfortable with the requirements in Version C, for example, that the school district would be required to provide a written explanation for an appeal procedure. 4:46:08 PM MS. COMEAU answered yes. 4:46:14 PM MS. COMEAU, in response to Co-Chair Keller, clarified that the Anchorage School District is currently providing transportation to homeless students, which is only partially paid for through Title I funding. The district has paid for the difference for the last two years, and has $380,000 of next year's general fund slated to pay for that transportation. The district is very spread out, so the cost of buses and taxicabs is high, she noted. In response to a follow-up question from Co-Chair Keller, she estimated that the portion of that money that comes from Title I is $150,000. 4:47:37 PM BARB DEXTER, McKinney-Vento Liaison, Anchorage School District, testified in support of HB 126, echoing Ms. Comeau's caution regarding the funding for transportation. She said transportation costs not only cover the vendor, but also staffing. Ms. Dexter indicated that she has been involved in this type of work for 16 years. Many homeless youths she has worked with have been in and out of foster care. She relayed that as a youth becomes an adolescent it is sometimes more difficult to maintain placement. She emphasized that maintaining school stability helps maintain placement stability. In response to Co-Chair Keller, she clarified that her work as liaison is with homeless children; although she works with some who qualify for foster care under the federal Act. She said her caseload currently includes 1,100 students. The Anchorage School District has identified more than 3,000 students who have experienced homelessness this year. She added that there are a much higher number of homeless youths than there are children in foster care. CO-CHAIR KELLER offered his understanding that there are approximately 2,100 youths in foster care statewide. He remarked that a 1,100 caseload seems pretty high. MS. DEXTER noted that there is a staff of 10 people who provide that support for 3,000 students. She said she and the staff are the lead agency in terms of identifying children who meet the homeless qualifications, but they do not provide all the services; "it's a school [district]-wide program and project." 4:50:51 PM LAURA HEYWOOD, Volunteer, Court Appointed Special Advocate (CASA), testified in support of HB 126. She said CASA volunteers are appointed by the courts to represent the best interests of children in state custody. Furthermore, Ms. Heywood noted she is the vice president of Friends of Alaska CASA. Ms. Heywood said she likes HB 126, because "it promotes education to a level with some other basic rights." Health and safety are primary focuses, sometimes resulting in education falling through the cracks. The bill includes common sense language, she opined. For example, records should "follow a child" and foster children should be allowed to stay in the same school for the sake of continuity. MS. HEYWOOD offered her understanding that children out of "home care" would be covered by HB 126, and she said she has a special interest in those children. She reported that in her five years as a CASA volunteer, she has advocated for six children, three of whom spent many years in "residential treatment" - state custody. Children who are raised in abusive households often have mental health issues and/or develop substance abuse issues, go to treatment, turn 18, and come back to their home community with basically no connection with OCS, a foster family, and, in many cases, their own families. Ms. Heywood emphasized the importance of the provision in HB 126 that would help with that transition by paying rent for a longer period of time. 4:54:06 PM MICHELLE DEWITT, Executive Director, Tundra Women's Coalition (TWC), reported that in the month of January, there were 214 children in state custody in the Yukon-Kuskokwim Delta region. She related that as a professional involved with a shelter organization, she appreciates the proposed legislation. She explained that the organization operates a group for at-risk teenagers who range in age from 12 to 17, many of who are in foster care. Many of the older teenagers have trouble finding stability as they age out of the system, look for housing, and look for work, and a lot of them end up in jail or in TWC's shelter. Ms. DeWitt said she thinks HB 126 would provide alternatives for these teenagers that they would otherwise be unable to secure on their own. MS. DEWITT noted that for the past four years, she has served as a personal guardian for a girl who is about to turn 20 and has spent half her life in foster care. She said she can appreciate the importance of the state stepping into that role when others cannot. She opined, "... I believe that that investment will create savings on the other end of the spectrum by preventing some of the homelessness and incarceration issues that we see with these young people when they don't receive help." 4:56:42 PM CAROLYN ROESBERY testified in support of HB 126. She opined that the state should be responsible for and connected to its youth. Making OCS visits more frequent is a wise move in demonstrating to foster youths that they are part of a responsible and viable system, so that they can grow up to be strong contributors to their communities and to the world. Ms. Roesbery stated that HB 126 is Alaska's chance to change the face of society - to show youth a positive path to follow. One month of assisted housing is not reasonable, but the proposed change to up to a year is, she opined. The change that would allow the child to stay at his/her current school will provide stability to that child. She questioned how the state could possibly say no to stability. 4:59:58 PM MS. DEXTER, in response to Co-Chair Keller, clarified that the aforementioned 1,100 youth are in grades seven through twelve; there are an additional 1,900 homeless youth who are younger than that. Of the 1,100, about 700 are unaccompanied youth, which means they are living without a parent or legal guardian, she said. In response to a follow-up question from Co-Chair Keller, Ms. Dexter said getting these youth to school and back takes significant time and is undertaken by other staff in her office, while her focus is to help with "educational decision making." She offered examples. She related that she is a certified teacher who works with other teachers in the district to ensure that they have the best educational plan possible. 5:01:57 PM MS. DEXTER, in response to Co-Chair Keller, said many youth left foster care to become homeless; however, many youth leave homes that are unsafe. She noted that a number of youths with whom she works have parents who are only 13-16 years older than they are. She reemphasized that she does not carry this caseload on her own, but has help from others. 5:03:12 PM MIKE LESMANN, Program Coordinator, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), stated that the department recognizes the potential great benefits of the bill to youths getting ready to transition out of state custody. He relayed that the department maintains a neutral position regarding HB 126. He mentioned a Child & Family Services review conducted by the federal government on OCS, and he said OCS concurs with its federal partner that the most urgent of issues for OCS currently revolve around safety and family reunification/permanency. Mr. Lesmann said OCS needs to work on timeliness of investigations and keep children in their homes safely or, if not possible, work to reunify them quickly. He emphasized that home visits are an important part of all of that work. MR. LESMANN said OCS would like to do as much as it can for all the children in the state's custody. He relayed that there is work to do "in the front end of the system" that is not "getting done to the best of ... outcomes." He stated that OCS believes its priority currently must be on that front end of the foster system. 5:05:31 PM CO-CHAIR HERRON remarked that he thinks there are many in the legislature who wish the department would come to bill hearings with a position on the proposed legislation. 5:05:45 PM REPRESENTATIVE CISSNA said she understands that the department has faced federal reviews, problems with its database, and employee turnover, but indicated that her experience has shown that foster children who do not receive help [from the state] may end up in the prison system or dead. She emphasized that it is possible to do something right now that will [positively] affect those youth. She admitted she does not know how "to do it all," but encouraged legislators to view those youth as the state's children. She asked Mr. Lesmann if he, personally, would like to see the bill passed. 5:08:49 PM MR. LESMANN said he is father to three children, but most days feels like a father to 2,100 children. Addressing the future of these youth has to be a community effort, he opined. Youth need mentors, lifelines, and support. 5:09:29 PM CO-CHAIR HERRON closed public testimony. CO-CHAIR HERRON removed his objection to adopting the proposed committee substitute (CS) to HB 126, Version 26-LS0309\C, Mischel, 4/9/09, as the working document. There being no further objection, Version C was before the committee. 5:10:10 PM REPRESENTATIVE SEATON moved to adopt [Amendment 1], labeled, 26G-1, which read [original punctuation provided]: Page 11, line 5, following "placement.", through line 7: Delete "Nothing in this paragraph creates a private right of action against the department's employees or contractors." 5:10:32 PM CO-CHAIR HERRON objected for the purpose of discussion. REPRESENTATIVE GARA explained that he does not want to hold social workers or the department liable "if they miss it by a day." He stated, "There's no ... tort liability for violating that section." He said there is a general provision in OCS statute that says OCS is liable for negligence, but not for technical violations of any particular provision. In response to Representative Seaton, he explained that [OCS] does not want the language proposed to be deleted in [Amendment 1] "said twice in the statutes." 5:11:22 PM CO-CHAIR HERRON removed his objection. There being no further objection, [Amendment 1] was adopted. 5:11:36 PM REPRESENTATIVE SEATON moved to adopt Amendment 2, labeled 26- LS0309\C.2, Mischel, 4/11/09, which read as follows [original punctuation provided]: Page 12, line 26, through page 13, line 1: Delete all material and insert: "Sec. 47.18.335. Monetary living expense stipend. (a) The department shall provide a monthly monetary living expense stipend for a period not to exceed nine months in an amount described in (b) of this section to an individual who (1) has left out-of-home care at age 18 or older; (2) is participating in services in the program; and (3) has monthly contact with a social worker involved in the program. (b) A stipend provided under this section shall be in an amount necessary to meet an eligible individual's living expense as determined by the department. The amount may not exceed (1) for the first six months of eligibility, the daily rate provided to a licensed foster parent; or (2) for a period not to exceed three additional months during the period that follows the first six months of eligibility, half of the daily rate provided to a licensed foster parent. (c) The department shall pay the stipend provided under this section until the later of the date that the individual (1) reaches 21 years of age; or (2) has left out-of-home care for six months. (d) The department may adopt regulations to implement this section." [CO-CHAIR HERRON objected.] 5:11:54 PM REPRESENTATIVE GARA explained that Amendment 2 is aimed at saving money while keeping the usefulness of the bill intact. The bill's proposal that the state provide rental systems for up to a year would result in a "phenomenal" fiscal note. The effect of Amendment 2 would be a drop in the amount of the fiscal note from approximately $1.9 million to $600,000. 5:12:23 PM CO-CHAIR HERRON removed his objection. There being no further objection, Amendment 2 was adopted. 5:12:36 PM REPRESENTATIVE SEATON moved to adopt Amendment 3, labeled 26- LS0309\C.4, Mischel, 4/13/09, which read as follows [original punctuation provided]: Page 13, following line 6: Insert a new bill section to read: "* Sec. 19. AS 47.32.160 is amended by adding a new subsection to read: (c) A nonprofit organization that, and a person acting on behalf of the organization who, engages in recruitment activities for foster homes that become licensed under this chapter may not be held liable for the consequences of the recruitment." 5:12:46 PM CO-CHAIR HERRON objected for the purpose of discussion. 5:12:54 PM REPRESENTATIVE GARA explained that Change Point Church has been working with the state to attract adults to become foster parents, because there is a shortage of them in Alaska. Amendment 3 would protect Change Point Church from being liable for negligence by a foster parent it helped find. 5:13:18 PM CO-CHAIR HERRON removed his objection. There being no further objection, Amendment 3 was adopted. 5:13:31 PM REPRESENTATIVE SEATON moved to adopt Amendment 4, labeled 26- LS0309\C.5, Kurtz/Mischel, 4/14/09, which read as follows [original punctuation provided]: Page 1, line 10, following "shall,": Insert "to the extent feasible and" Page 1, line 13, through page 2, line 1: Delete "or, if the student is attending school for a summer term, for the remainder of the summer term" Page 3, line 19, following "available": Insert "subsidized" Page 3, line 23: Delete "commission" Insert "institution" 5:13:46 PM CO-CHAIR HERRON objected for the purpose of discussion. 5:13:53 PM REPRESENTATIVE GARA explained that "to the extent feasible" is the same language as is used in the federal Act. The language that would be deleted from Page 1, line 13, through page 2, line 1, is in response to the testimony of Ms. Comeau. The loans that would be provided are subsidized, he explained. Last, Amendment 4 would distinguish that scholarships would be provided by an educational "institution" - not by the Alaska Commission on Postsecondary Education (ACPE). 5:15:06 PM REPRESENTATIVE GARA, in response to Co-Chair Keller, said that in order to limit the cost and be efficient, the intent is that the youth apply for all available grants. He explained that the state does not want to "cover $15,000-worth of costs when there's $10,000 somewhere else, possibly." 5:15:46 PM CO-CHAIR KELLER outlined that the purpose of the section is to "make up the balance." The requirement being proposed is that a youth has applied for a loan. 5:16:08 PM REPRESENTATIVE GARA responded that there would be no way to know in advance whether or not the youth will qualify for the loan for which he/she applies, but the intent is that there is a good-faith effort made. 5:16:18 PM CO-CHAIR HERRON removed his objection. There being no further objection, Amendment 4 was adopted. 5:16:35 PM REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 5, as follows: Page 2, line 26, following "personnel": Insert "or more than one liaison in each school district." REPRESENTATIVE SEATON said the amendment addresses Ms. Comeau's previously stated concern. 5:17:33 PM CO-CHAIR HERRON objected for the purpose of discussion. [His objection was treated as withdrawn.] There being no further objection, Conceptual Amendment 5 was adopted. [HB 126 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| Backup.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| Backup - Ca. study.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| Sponsor Statement.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| Sectional.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| CS Version C.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| CS version P.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| Departments Affected.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| Local Educational Agency Requirements.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |
| Newspaper article.PDF |
HHSS 4/14/2009 3:00:00 PM |
HB 126 |