04/02/1993 01:00 PM House JUD

  HB 214:  DISCLOSURE OF MINOR'S RECORD BY PARENT                              
                                                                               
  DUNCAN FOWLER, OMBUDSMAN, STATE OF ALASKA, testified in                      
  support of HB 214.  He said that the bill was submitted at                   
  the request of the Legislative Council, based on a case                      
  involving the Ombudsman's office.  He said that a legislator                 
  had called the Ombudsman's office regarding a problem.  He                   
  said that, shortly after the Ombudsman's office had held                     
  interviews with the child, the parent and the legislator,                    
  the court had issued an order barring the parents from                       
  talking to any legislators or to the Ombudsman's office.                     
                                                                               
  MR. FOWLER said that the court eventually amended the order                  
  to allow the parent to talk to the Ombudsman's office, as                    
  that office operated under confidentiality rules.  The case                  
  was now before the state Supreme Court.  The bill would                      
  correct the problem which came up, he said, and addressed an                 
  important point of legislative oversight over the executive                  
  branch.  He thought that the original bill might limit a                     
  parent's ability to discuss issues they already knew about                   
  which were not confidential.  The amendment addressed that                   
  problem, he said.  He said that his office supported the                     
  bill, although it would not affect his office.                               
                                                                               
  Number 519                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS asked why the amended version of                     
  HB 214 deleted the word "records" from the title of the                      
  bill.                                                                        
                                                                               
  MR. FOWLER did not know, but said that perhaps the committee                 
  staff could answer the question.                                             
                                                                               
  Number 532                                                                   
                                                                               
  JANINE REEP, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW,                  
  testified on HB 214.  She said that she had not seen the                     
  amendment.  She was then provided a copy of the amendment.                   
                                                                               
  REPRESENTATIVE PHILLIPS repeated her question.                               
                                                                               
  MS. REEP said that there was a good reason for the change.                   
  She said that there was concern over the automatic release                   
  of records to certain people.  She said that, as the statute                 
  was set up, the court had to authorize release of any                        
  records.  She noted that in the case to which Mr. Fowler had                 
  referred, the parents and the child had the right to be                      
  represented by an attorney.  She said that records could                     
  include highly sensitive and potentially damaging                            
  information.                                                                 
                                                                               
  MS. REEP said further that parents might request the release                 
  of information to their attorneys, but that did not                          
  automatically mean the release of records to an attorney.                    
  She was not aware of the case which Mr. Fowler had                           
  described.  She was surprised to hear that some parties felt                 
  a parent could not talk to the Department of Law, as they                    
  frequently did, she said.                                                    
                                                                               
  Number 575                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that the explanation seemed to                  
  mitigate the intent of HB 214.  She said that section 2 of                   
  the amended bill, on page 2, line 15, gave parents the right                 
  to disclose any information.  She said that there was                        
  conflict between the purpose of the original bill and the                    
  amended version.                                                             
                                                                               
  MS. REEP was uncertain as to the intent of HB 214.  She said                 
  that it was a policy question as to whether legislators                      
  should have access to a child's records.                                     
                                                                               
  Number 601                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that the new section 2 gave                     
  legislators the power and authority to have records, and                     
  disclose information from those records.                                     
                                                                               
  CHAIRMAN PORTER disagreed, saying that the section gave such                 
  power over information, not records.                                         
                                                                               
  There followed some discussion over the meaning of the terms                 
  "information" and "records."                                                 
                                                                               
  CHAIRMAN PORTER asked Ms. Horetski to comment.                               
                                                                               
  Number 622                                                                   
                                                                               
  MS. HORETSKI said that the original bill (HB 214), was                       
  proposed by the Ombudsman's office.  She said that the first                 
  draft was not well drafted.  She discussed the CS dated                      
  April 2, 1993, and the process followed in drafting the                      
  bill.  She said that the CS had been received only shortly                   
  before the start of the meeting.  She believed that the                      
  title should use the term "information."  She said that the                  
  CS did not restrict parents' right to talk about their                       
  child, but that their existing rights were expanded.                         
                                                                               
  Number 665                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS interrupted to note that HB 214 had                  
  its roots in the court telling the parents that they did not                 
  have the right to share information about their child.  She                  
  said that the bill clarified that the parents did have that                  
  right.  She asked why the court would assume that the                        
  parents did not have that right.                                             
                                                                               
  MS. HORETSKI said that records regarding the minor in                        
  children's proceedings were confidential, under AS                           
  47.10.090.                                                                   
                                                                               
  REPRESENTATIVE PHILLIPS said that the court in the case                      
  under discussion apparently had issued a blanket prohibition                 
  against the parents even speaking to legislators.                            
                                                                               
  Number 678                                                                   
                                                                               
  MS. HORETSKI made further comments on the CS regarding                       
  penalties for violation of the records statute.  She said                    
  that section 3 made it plain that there was a change in                      
  court rules.  She said that it was acceptable to remove the                  
  word "records" from the title, and that most parents would                   
  not have the records, but would get from social workers or                   
  others the information contained in those records.                           
                                                                               
  CHAIRMAN PORTER said that often more than one person was                     
  included in the same record.                                                 
                                                                               
  REPRESENTATIVE PHILLIPS asked if the case was to occur                       
  again, and courts issued an order barring parents from                       
  talking to legislators, would the court be in violation of                   
  subsection (c), the penalty section.                                         
                                                                               
  MS. HORETSKI said that the courts were absolutely immune.                    
                                                                               
  TAPE 93-50, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MS. HORETSKI suggested an amendment on page 2, line 16 of                    
  the CS to change the word "records" in the title to the word                 
  "information."                                                               
                                                                               
  REPRESENTATIVE PHILLIPS MOVED the AMENDMENT.                                 
                                                                               
  CHAIRMAN PORTER asked for objection to the amendment.  He                    
  then asked the will of the committee.                                        
                                                                               
  Number 019                                                                   
                                                                               
  REPRESENTATIVE JAMES asked whether the committee had the CS                  
  version as its working document.                                             
                                                                               
  CHAIRMAN PORTER answered in the negative.                                    
                                                                               
  REPRESENTATIVE JAMES then MOVED that the committee ADOPT the                 
  CS version of HB 214, as amended, as its working draft.                      
                                                                               
  CHAIRMAN PORTER, hearing no objection, declared that the                     
  committee had ADOPTED as its working draft the CS version of                 
  HB 214, dated April 2, 1993.                                                 
                                                                               
  REPRESENTATIVE GREEN MOVED an AMENDMENT to page 2, line 16                   
  of CSHB 214 to change the word "records" in the title to the                 
  word "information."                                                          
                                                                               
  CHAIRMAN PORTER asked for objection and, hearing none,                       
  declared that the committee had before it CSHB 214, AS                       
  AMENDED.                                                                     
                                                                               
  Number 045                                                                   
                                                                               
  REPRESENTATIVE JAMES MOVED PASSAGE of CSHB 214 AS AMENDED,                   
  with individual recommendations, unanimous consent and a                     
  zero fiscal note.                                                            
                                                                               
  CHAIRMAN PORTER asked for objections, and hearing none,                      
  declared CSHB 214 (JUD) MOVED from committee with individual                 
  recommendations and a zero fiscal note.                                      
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 2:39 p.m.