03/01/1993 01:00 PM House JUD

  HB 97 - PARENTAL CARE FOR CHILD IN STATE CUSTODY                             
                                                                               
  CHAIRMAN PORTER announced that HB 97 was the next item of                    
  business before the committee.                                               
                                                                               
  ELMER LINDSTROM, from the DEPARTMENT OF HEALTH AND SOCIAL                    
  SERVICES, said HB 97 was sponsored by Rep. Cynthia Toohey,                   
  who could not be at the meeting to speak on the bill.  He                    
  said the department supported HB 97.  He commented that the                  
  need for HB 97 arose from a 1991 court ruling that would                     
  require the department to pay for medical costs for children                 
  who were in state custody, but were living with their                        
  parents.  Mr. Lindstrom noted that while the situation might                 
  seem peculiar, it was in fact common for children to be                      
  removed from their homes, placed in foster care, and later                   
  returned to their homes while still in the custody of the                    
  state.  Mr. Lindstrom noted that in December 1992, 235                       
  Alaskan children were living with their parents while                        
  technically in state custody.                                                
                                                                               
  MR. LINDSTROM said that the court had ruled that the                         
  department was liable for medical costs for children in that                 
  situation.  He added that the Department of Law was                          
  concerned that by extension the state could find itself in                   
  the position of paying for other costs as well, including                    
  food and lodging.                                                            
                                                                               
  MR. LINDSTROM called the members' attention to the zero                      
  fiscal note attached to HB 97.  He said that if the bill did                 
  not pass the legislature, the state could face a substantial                 
  cost.                                                                        
                                                                               
  Number 258                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Lindstrom if he were to appear                     
  before the committee a year from now, would he bring a                       
  fiscal note for HB 97 reflecting a cost savings to the                       
  state?                                                                       
                                                                               
  Number 261                                                                   
                                                                               
  MR. LINDSTROM said the chairman was correct; HB 97 was a                     
  cost avoidance measure, but those costs could not be avoided                 
  for an indefinite period of time.                                            
                                                                               
  Number 270                                                                   
                                                                               
  REP. GREEN asked Mr. Lindstrom if HB 97 would have any                       
  adverse effect on children going back to live with their                     
  parents by requiring parents to pay for the costs of raising                 
  their children.                                                              
                                                                               
  Number 281                                                                   
                                                                               
  MR. LINDSTROM said that he was unaware of any concerns the                   
  department had in that regard.                                               
                                                                               
  Number 299                                                                   
                                                                               
  REP. GREEN made a motion to pass HB 97 out of committee,                     
  with individual recommendations and a zero fiscal note.                      
                                                                               
  REP. PHILLIPS stated that she would like to know how much                    
  money the state had spent in the last several years on the                   
  program.                                                                     
                                                                               
  Number 310                                                                   
                                                                               
  CHAIRMAN PORTER commented that no money had yet been spent                   
  by the state because of the recency of the court decision                    
  requiring that the state pay medical expenses.                               
                                                                               
  Hearing no objections, CHAIRMAN PORTER ordered that HB 97 be                 
  move out of committee, with individual recommendations and a                 
  zero fiscal note.