Legislature(2013 - 2014)CAPITOL 120
04/02/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings: || Commission on Judicial Conduct | |
| Confirmation Hearings: || Violent Crimes Compensation Board | |
| HB375 | |
| SB171 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 375 | TELECONFERENCED | |
| + | SB 171 | TELECONFERENCED | |
| += | SB 64 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
SB 171-MULTIDISCIPLINARY CHILD PROTECTION TEAMS
1:42:29 PM
CHAIR KELLER announced that the next order of business would be
CS FOR SENATE BILL NO. 171(JUD), "An Act relating to
multidisciplinary child protection teams; and relating to
investigation of child abuse or neglect."
1:43:03 PM
REPRESENTATIVE LYNN moved to adopt the CS for SB 171, label 28-
LS1416\P as the working document. Hearing no objections,
Version P for before the committee.
RYNNIEVA MOSS, Staff, to Senator John Coghill, Alaska State
Legislature, said that the Alaska Children's Justice Act
taskforce had a luncheon about six weeks ago, and it presented
some issues that are facing agencies that deal with child abuse
and sexual abuse. The state has multidisciplinary teams (MDT)
that work together to prevent children who are victims of abuse
from being interviewed multiple times by the different agencies
that are involved in the investigations, she explained. Under
current statute, the Office of Children's Services is the only
agency that can establish a multi-disciplinary child protection
team. She said that SB 171 expands that so any state or
municipal agency of law enforcement or a tribe can establish a
multi-disciplinary child protection team. Secondly, SB 171 adds
people to the MDT, including someone who is versed in the Indian
Child Welfare Act (ICWA) and who is designated by a tribe that
is involved in the case. The measure also adds a person from
the Division of Juvenile Justice and a medical provider who has
received training in child abuse assessment, she explained.
1:45:31 PM
MS. MOSS stated that the MDT does not always meet often enough
to keep abreast of what is happening with the child, so SB 171
mandates that the team meets monthly. The MDT is beneficial;
instead of having one social worker making all the decisions,
there are many experts who can discuss the child's needs. She
said this bill will make sure that a child not involved in an
Office of Children's Services (OCS) case, but who has been a
victim of abuse, will get the same treatment as a child going
through the process with OCS.
1:46:24 PM
CHAIR KELLER asked if the team includes any community members or
anyone with significant [relations] with the child.
MS. MOSS answered that during a "mediation" there are family
members, teachers, friends, and nurses who attend. It is a
different process, she explained.
CHAIR KELLER closed public testimony.
REPRESENTATIVE MILLETT said this is a well written and well
thought out bill. She moved to report the CS for SB 171,
labeled 28-LS1416\P out of committee with individual
recommendations and the accompanying fiscal notes.
1:47:54 PM
CHAIR KELLER objected in order to reopen public testimony.
JESSICA LAWMASTER, Executive Director, Haven House, said Haven
House is a domestic violence and sexual assault resource center
that administers free child advocacy for the Kenai Peninsula.
She said she is also the chair of the Alaska Children's
Alliance, which represents all of the child advocacy centers in
the state, and, on behalf of all of the centers, she expressed
support for SB 171.
REPRESENTATIVE MILLETT asked if Ms. Lawmaster has seen the
"Erin's Law" bill, and Ms. Lawmaster said she testified on that
legislation this morning. The two bills complement each other,
Representative Millet opined.
1:49:47 PM
REPRESENTATIVE GRUENBERG noted that there is mention of a
prosecutor on page 2, lines 22-23 [of the bill]. "Then we have
an attorney who specializes in child protection in the Attorney
General's Office," he said. He explained that he has been a
family law practitioner for many years, and it is his
understanding that the person who takes the civil cases is a
member of the Attorney General's Office. He assumed that the
attorney mentioned on lines 22-23 is a criminal prosecutor, so
both attorneys are in the Department of Law, but one handles the
civil issues and the other takes up the criminal prosecution.
He asked if he was correct.
1:52:00 PM
MS. MOSS expressed her belief that the first team in subsection
(b) is the MDT. The second section includes those who are
invited by consensus, "so a prosecutor could be a tribal court-
it doesn't necessarily have to be through the state court."
1:52:48 PM
REPRESENTATIVE GRUENBERG noted that the bill refers to a
criminal prosecutor, regardless of working for a tribe or the
state. He said he is concerned that there is no one to
represent the defense, like a public defender or someone from
OPA [Office of Public Advocacy]. "If this is a child protection
team and they're developing procedures and stuff...that they
don't have both sides represented. Am I missing something?"
MS. MOSS said she guessed it is because MDT is focused on
healing the child; this team is not concerned with the
prosecution of a defendant, but it is concerned with getting
this child's life and the family's life back in order and
getting them the counseling that they need. "I think it's
completely separate from the criminal process," she added.
1:54:26 PM
REPRESENTATIVE MILLETT said that she does not understand why
there should be anyone who caused the harm to have any
representation on this team. "You're trying to heal the
child...that would be inflicting more wound onto more wound.
This is to get the child healthy again, so I think the make-up
of it is absolutely perfect," she stated.
REPRESENTATIVE LEDOUX said that even if it were an investigative
team, since when does a defense counsel sit at the prosecutors
table and help them develop strategy?
1:55:26 PM
REPRESENTATIVE GRUENBERG said he stands corrected.
CHAIR KELLER closed public testimony and removed his objection
to moving the CS for SB 171, labeled 28-LS1416\P out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS CSSB 171(JUD) was
reported from the House Judiciary Committee.
The committee took an at-ease from 1:55 p.m. to 2:00 p.m.