Legislature(2003 - 2004)
05/05/2004 04:20 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SB 288 - TEMPORARY CHILD CUSTODY HRNGS/PLACEMENT Number 0130 CHAIR McGUIRE announced that the next order of business would be CS FOR SENATE BILL NO. 288(JUD), "An Act relating to temporary custody hearings, and to certain determinations concerning placement of a child in child-in-need-of-aid proceedings; and providing for an effective date." Number 0170 JACQUELINE TUPOU, Staff to Senator Lyda Green, Alaska State Legislature, sponsor, on behalf of Senator Green, relayed that current law provides that the courts have to determine, within 48 hours of removing a child from the home, that there was probable cause for the child to be removed. However, when making this determination, the courts currently use various language that is often not in compliance with federal requirements for purposes of receiving federal reimbursement. Federal requirements stipulate that when making the determination about continued placement in the home, the language used must contain the phrase, "contrary to the welfare of the child". Senate Bill 288 mandates the use of that phrase by the courts, and it is estimated that passage of the bill will bring in about $500,000 in "Title IV-E" funding. She noted that this increase in funding is included in the governor's budget for fiscal year (FY) 2005. MS. TUPOU, in response to a question, said that the legal standard will not change with passage of SB 288; the courts will merely have to conform the language that is used in the aforementioned determinations to federal standards. Number 0304 JOANNE GIBBENS, Program Administrator, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), in response to a question, offered that a portion of the proposed new language reads: If a court determines that continued placement in the home of the child's parent or guardian would not be contrary to the welfare of the child, the court shall return the authority to place the child to the child's parent or guardian pending a temporary custody hearing under (e) of this section Number 0446 VENNIE NEMECEK, Assistant Attorney General, Human Services Section, Civil Division (Anchorage), Department of Law (DOL), added that the main goal of this language is to be consistent in using the phrase, "contrary to the welfare of the child". The DOL does not want to change that phrase at all because that is the phrase that is used in the federal law. Thus, if the court declines to make that finding - that continued placement in the home is contrary to the welfare of the child - then the court returns the authority to place the child to the parent. He opined that the proposed language is the cleanest way to say what is meant. Number 0518 REPRESENTATIVE GRUENBERG moved to report CSSB 288(JUD) out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSSB 288(JUD) was reported from the House Judiciary Standing Committee.
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