Legislature(2013 - 2014)CAPITOL 120
04/08/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| HB57 | |
| HB140 | |
| HB54 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 34 | TELECONFERENCED | |
| += | HB 140 | TELECONFERENCED | |
| += | HB 57 | TELECONFERENCED | |
| + | SB 56 | TELECONFERENCED | |
| + | HB 54 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 54-PLACEMENT OF A CHILD IN NEED OF AID
2:43:56 PM
CHAIR KELLER announced that the final order of business would be
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 54, "An Act relating to
the identification, location, and notification of specified
family members and family friends of a child who is in state
custody." [Before the committee was CSSSHB 54(HSS).]
2:44:19 PM
TOBY SMITH, Staff, Representative Les Gara, Alaska State
Legislature, speaking on behalf of Representative Gara, a joint
prime sponsor, paraphrased from the following sectional analysis
provided in committee members' packets:
Section 1.
This section adds a new section to AS 47.10, requiring
that a supervisor in the Office of Children's Services
(OCS) certify in writing that a search for
noncustodial parents, adult family members, and
appropriate adult family friends of the child has been
conducted. OCS must notify these adults of the child's
removal within 30 days, unless there are extenuating
circumstances. This section codifies existing OCS
policy related to extended family searches, and adds
the requirement of supervisor certification.
Section 2.
This section adds a reference to the new section of
statute established in Section 1. It requires that due
diligence be conducted to locate extended family
members before the child is placed in a foster home.
Section 3.
This section allows the department to provide for
emergency placement of a child while conducting due
diligence.
MR. SMITH summarized that the legislation has no fiscal impact
and would ensure that front-line caseworkers perform all that is
required and can be done for the best interest of foster youth.
He clarified that the legislation doesn't change any standards
but rather ensures that proper policies are being performed by
requiring that a supervisor sign-off when a caseworker has
performed a due diligence search in placement of foster youth.
2:46:35 PM
REPRESENTATIVE GRUENBERG inquired as to the difference between
SSHB 54 and CSSSHB 54(HSS).
The committee took an at-ease from 2:50 p.m. to 2:51 p.m.
2:51:32 PM
MR. SMITH reviewed the changes from SSHB 54 to CSSSHB 54(HSS),
as follows:
Page 1, line 2:
Deletes "and family friends"
This change was made at the request of the Office of
Children's Services (OCS). The inclusion of family
friends in AS 47.10.035 created a new requirement that
family friends be notified when a child is removed
from their home. Determining which family friends were
required to be notified of the removal of the child
would be difficult to determine, and would create an
onerous requirement for OCS to comply with. Family
friends will still be considered as potential foster
parents.
Page 1, lines 6:
Deletes "or adult family friend" for the reasons
stated above.
Page 1, line 10:
Deletes "and appropriate adult family friends" for the
reasons state above.
Page 1, line 14:
Changes "certify" to "verify".
This change was made at the request of OCS. OCS feels
that a verification of a family member search can be
done using current documentation methods, while a
certification may have required additional
documentation.
Page 2, lines 1-3:
Deletes "The information provided under this
subsection shall be submitted to the court for
consideration before the next scheduled hearing after
the due diligence period specified in (a) of this
section."
This change was made at the request of OCS. Submitting
this information to the court was a redundant
requirement, as all the information is made available
to all parties as part of the discovery process.
Page 2, following line 19:
Inserts a new section to read: "Sec. 3. AS 47.14.100
is amended by adding a new subsection to read: (u) The
department may provide for emergency placement of a
child while conducting due diligence under AS
47.10.035 and (e) of this section."
This change was made at the request of OCS and the
Department of Law. There was some concern that Sec. 2
(e) of the bill could prohibit OCS from making an
emergency placement for a child the day they are
removed from their home. This change clarifies that a
child may be placed in an emergency or temporary
foster home until a family search has been conducted
and a permanent placement has been approved.
2:54:30 PM
REPRESENTATIVE GRUENBERG asked why the term "certify" was
changed to "verify". He also asked whether "verify" is being
used in the technical sense of AS 09.63, which is a verification
that has to be underwrote. The use of "verify" per AS 09.63
seems unnecessarily formalistic, he opined.
2:55:35 PM
CHRISTY LAWTON, Director, Office of Children's Services (OCS),
Department of Health and Social Services (DHSS), clarified that
there was no intent for the term "verify" to be defined [as
under AS 09.63]. The change was simply a less formal
description of a supervisor consulting with his/her staff and
using that consultation to affirm compliance with policy.
CHAIR KELLER announced that SSHB 54 would be held over so that
the drafter could answer this question.
REPRESENTATIVE GRUENBERG suggested that another term besides
"verify" be utilized otherwise there will be legal questions.
2:57:21 PM
CHAIR KELLER requested confirmation that the term "noncustodial"
on page 1, line 9, doesn't include those parents whose parental
rights have been terminated.
MS. LAWTON confirmed that would be the case.
CHAIR KELLER inquired as to whether CSSSHB 54(HSS) restricts
OCS's discretion in any way in terms of [notifying a
noncustodial parent of information about the foster child].
MS. LAWTON replied no.
2:58:31 PM
REPRESENTATIVE LEDOUX inquired as to how OCS finds these adult
family friends.
REPRESENTATIVE GRUENBERG pointed out that CSSSHB 54(HSS) doesn't
include the reference to "adult family friends". However,
CSSSHB 54(HSS) does use the term "adult family members" although
it isn't defined.
2:59:20 PM
JANE PIERSON, Staff, Representative Steve Thompson, Alaska State
Legislature, noted that this question arose in the House Health
and Social Services Standing Committee and it was discovered
that these are close family friends that aren't blood relations.
Ms. Pierson surmised that these are situations in which the
family friends would likely come forward and express interest.
REPRESENTATIVE LEDOUX surmised, in terms of the due diligence
aspect, that OCS doesn't have an obligation to search for the
adult family friends of the child. If the family friends come
forward, then they have standing in regard to placement of the
child, she surmised.
MS. PIERSON related that's her understanding as well.
MS. LAWTON clarified that this proposed language wouldn't
require OCS to provide formal notification to adult family
friends, but OCS's policy for a due diligence search means that
the agency identifies as it is able family friends for potential
placement. This identification, she noted, is largely based
upon information from the family and the children. The proposed
new language in [CSSSHB 54(HSS)] doesn't require that OCS
provide official/formal notification, in terms of a specific
timeframe.
3:02:40 PM
REPRESENTATIVE GRUENBERG asked if this is the latest version of
what was originally referred to as the blood relative statute.
MS. LAWTON said she is unfamiliar with that prior proposed
legislation, and thus is unable to answer that question.
3:03:31 PM
AMANDA METIVIER, Facing Foster Care in Alaska, related support
for SSHB 54, which creates accountability on behalf of OCS staff
to ensure compliance to perform relative searches early. The
state spends millions to house children in foster care with
strangers who are licensed caregivers. She opined that the best
thing is to search for family members first, place them with
family, and keep children out of the system and into timely
permanence with their families. In response to Representative
Gruenberg's question, Ms. Metivier said she didn't believe this
legislation is a result of the blood relative law, but she
wasn't sure.
REPRESENTATIVE GRUENBERG informed the committee that the blood
relative statute was enacted in the 1970s as a result of
requests from Bush legislators. At one time, children were
taken from village homes rather than keeping them in the village
while the litigation occurred.
CHAIR KELLER closed public testimony on SSHB 54.
3:06:08 PM
REPRESENTATIVE GRUENBERG, recalling a situation with which he
was involved, questioned whether SSHB 54 should include language
that prevents the noncustodial parent whose rights aren't
terminated from having custody/contact in certain dangerous
situations.
3:08:53 PM
MS. LAWTON clarified that SSHB 54 addresses initial
contact/notification within the first 30 days that the child or
relative [of a noncustodial parents] has come into care and that
they have a potential legal right to ask for placement.
Regardless of the circumstances, in terms of past bad acts, OCS
would still be required to notify the noncustodial parent if
their rights had not been terminated before. However, OCS isn't
required to make placements, which is something that if in
dispute would be addressed in the court. The OCS is required to
provide notification and [the noncustodial parent] is allowed to
have rights in terms of hearing and potential representation
from the public defender's office. Ms. Lawton specified that
OCS has discretion with regard to appropriateness of placement.
3:10:15 PM
REPRESENTATIVE LEDOUX emphasized her belief that [a noncustodial
parent] who has committed horrendous bad acts should have
his/her [parental] rights terminated. If [the noncustodial
parent's] rights aren't terminated, then it's simply an
allegation of bad acts.
REPRESENTATIVE GRUENBERG maintained that the legislation should
include language allowing OCS to seek permission from the court
in an extraordinary circumstance not to notify the rapist.
[CSSSHB 54(HSS) was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 34 ver. O Sponsor Statement.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 34 |
| CSHB 34 ver. O Sectional.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 34 |
| CSHB 34 Explanation of Changes.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 34 |
| CSHB 34 ver. O.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 34 |
| CSSSHB 54 Sponsor Statement.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| CSSSHB 54 Sectional Analysis.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| CSSSHB 54 (HSS) Summary of Changes SSHB 54 to CSHB 54 version R.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| CSSSHB 54 (HSS) Ver. I.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| SSHB 54 Version P.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| HB 54 Version N.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| HB 54 Fiscal Note-HSS.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| CSSSHB 54 Supporting Document-OCS Frontline Turnover Rate.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| CSSSHB 54 Letter of Support-Presbyterian Hospitality House.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| CSSSHB 54 Letter of Support-Jennifer Payton.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 54 |
| HB 57 Proposed Amendment O.1.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 57 |
| 2- SB 56 Sponsor Statement.pdf |
HJUD 4/8/2013 1:00:00 PM SFIN 3/18/2013 9:00:00 AM |
SB 56 |
| 4- CSSB 56(JUD) Section Analysis.pdf |
HJUD 4/8/2013 1:00:00 PM SFIN 3/18/2013 9:00:00 AM |
SB 56 |
| 6 SB56 - Summary of Changes.pdf |
HJUD 4/8/2013 1:00:00 PM SFIN 3/18/2013 9:00:00 AM |
SB 56 |
| CSSB 56 (JUD) Amendment C.7.pdf |
HJUD 4/8/2013 1:00:00 PM |
SB 56 |
| CSSB 56 (JUD) Amendment C.6.pdf |
HJUD 4/8/2013 1:00:00 PM |
SB 56 |
| SB 56 Supporting Document-FBKS Newsminer Article.pdf |
HJUD 4/8/2013 1:00:00 PM |
SB 56 |
| SB 56 Letter of Support-Mike Moore.pdf |
HJUD 4/8/2013 1:00:00 PM |
SB 56 |
| SB 56 Letter of Support-ACLU.pdf |
HJUD 4/3/2013 1:00:00 PM HJUD 4/8/2013 1:00:00 PM |
SB 56 |
| HB 140 Letter of Support-AK Chamber of Commerce.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 140 |
| CSHB 57 Proposed Amendment O.1.pdf |
HJUD 4/8/2013 1:00:00 PM |
HB 57 |