Legislature(2005 - 2006)SENATE FINANCE 532
04/22/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB305 | |
| HB357 | |
| HB394 | |
| HB400 | |
| HB408 | |
| SB305 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 305 | TELECONFERENCED | |
| + | HB 357 | TELECONFERENCED | |
| + | HB 394 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
| + | HB 408 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE CS FOR CS FOR HOUSE BILL NO. 408(JUD)
"An Act relating to the standard of proof required to
terminate parental rights in child- in-need-of-aid
proceedings; relating to a healing arts practitioner's duty
to report a child adversely affected by or withdrawing from
exposure to a controlled substance or alcohol; relating to
disclosure of confidential or privileged information about
certain children by the Departments of Health and Social
Services and Administration; relating to permanent fund
dividends paid to foster children and adopted children;
relating to child abuse or neglect investigations and
training; amending Rule 18, Alaska Child in Need of Aid
Rules of Procedure; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
AT EASE 12:00:23 PM / 12:01:30 PM
RYNNIEVA MOSS, Staff to Representative John Coghill, expressed
support for the language proposals of the Department of Health
and Social Services. The original bill, as introduced on behalf
of Governor Murkowski, has been revised. She read the sectional
analysis, titled "Family Rights Act of 2006, SCS CS HB 408(JUD),
Sectional for Senate Judiciary CS", into the record as follows.
Section 1. This section contains language that would
release OCS [Office of Children's Services] from providing
family support services when they can show the court, by
clear and convincing evidence, that the parent or guardian
poses substantial risk to a child, has committed a homicide
of a child, or parent has taken such actions as described
in Section 1. This raises the level of proof from "a
preponderance of the evidence". (Requested by Department of
Law)
Section 2. This section raises the standard for the
department showing they have complied with reasonable
efforts to provide family support services from a
"preponderance of evidence" to "clear and convincing
evidence". (Requested by OCS language; Rep. Coghill
legislation-HB 261, 2001)
Ms. Moss stated that evidence indicates that the existing
standards would not assist certain families.
Section 3. This section is language clean up to accommodate
Section 2 amendments. (Department of Law)
Section 4. When a public official or an employee requests
information from the department, they will now have five
working days to respond. (HB 327 - Rep. Chenault)
Ms. Moss explained this language would resolve a dispute between
the legislature and the Department of Law in that it would allow
OCS to release information regarding harm inflicted on a child
were the parent to make "public disclosure of the perpetrator
being charged with the crime or there has been a fatality or
near fatality of a child". She recalled an instance in which the
Department of Law prohibited release of such information.
Section 5. Clarifies the intent of HB 53 that once a report
of harm has resulted in a parent making public disclosure,
the alleged perpetrator being charged with a crime, or has
resulted in fatality or near fatality of a child, OCS is
able to disclose the nature and validity of any report of
harm about a child in a report of harm. (Representative
Coghill)
12:05:23 PM
Section 6. Broadens the department's ability to discuss a
report of harm pertaining to not only children in the
family or household, but also children who may be under the
care of a perpetrator in a report of harm. (Representative
Coghill)
Section 7. Last summer two teenagers were placed in a
foster home and the foster parents were appointed as legal
guardians. The State released the teens' permanent fund
dividends to the legal guardians. The placement did not
work and the children were removed from the home without
their dividends. Section 6 says the only way a child's past
dividend can be released is if the child is adopted and has
remained adopted for one year, the child turns eighteen and
the PFD's are released by OCS, the child is returned to the
parent(s), or the department is ordered to do so by the
court. The one-year provision is put in place because there
is a high rate of adoptions being disturbed. Subsection (c)
clarifies this applies to legal guardians of children who
have been in state custody, unless the guardianship was
established for an incapacitated person. (Representative
Coghill)
Section 8. This section requires practitioners of the
healing arts involved in the delivery or care of a child
who determines the child is adversely affected by a
controlled substance or alcohol to notify OCS. It clarifies
that a "controlled substance" does not include prescription
medication, but rather "a drug, substance, or immediate
precursor included in the schedules set in AS 11.71.140 -
11.71.190".
Ms. Moss noted an amendment was drafted to replace "child" with
"infant" in the language of Section 8.
Section 9. This provision consolidates HB 346 sponsored by
Representative Mark Neuman into HB 408. The provision
requires social worker training to include constitutional
and statutory rights of children and families, requires
cooperation by OCS with law enforcement to ensure the
possibility of criminal charges is not compromised in the
investigation, and that the alleged perpetrator be advised
of what the specific complaint or allegation is without
disclosing the identity of the accuser.
Section 10. Indirect Court Rule change dealing with
changing "preponderance of evidence" in Sections 1, 2, & 3
to "clear and convincing evidence". (Department of Law)
Section 11. Applicability language to clarify that pending
cases and non-pending cases still within the statute of
limitation will have "clear and convincing evidence"
standard applied to them. (Department of Law)
Section 12. Because Sections 1, 2, & 3 will result in an
Indirect Court Rule Amendment, those section[s] of the bill
will only take place if the vote on Section 9 receives a
two-thirds vote of each house of the legislature.
(Department of Law)
Section 13. Immediate effective date clause.
12:09:39 PM
Senator Stedman referenced Sec. 47.10.115. Permanent fund
dividend., added by Section 7 on page 5 of the bill. He
understood the Permanent Fund dividend (PFD) was the property of
the child, and asked whether the child would have some legal
recourse when he or she turned 18.
Ms. Moss responded that the issue had not yet been determined,
but was under investigation by the Attorney General's office in
Fairbanks.
12:10:38 PM
Senator Stedman realized that parents often use a child's PFD to
house, clothe, and fed the child. He considered it a different
situation when a parent used a child's PFD for unneeded items.
Co-Chair Green asked if Senator Stedman was referring to the
case of an adopted or foster child.
Senator Stedman affirmed, and clarified he was speaking of a
case where a child had been in foster care for a period of time
that allowed the foster care provider access to the child's
PFDs.
Co-Chair Green inquired if a natural parent would be held to the
same standard.
Senator Stedman affirmed.
Co-Chair Green stated that natural parents are not currently
held to that standard.
Senator Stedman opined that all legal guardians should be able
to use a child's PFD only to meet basic needs, and expected a
court opinion on that issue. He supported the language in the
bill.
Co-Chair Green voiced intent to conclude testimony on the bill
and address amendments at a later date.
Ms. Moss clarified that there were no amendments forthcoming.
12:13:13 PM
BEVERLY SMITH, Christian Science Committee on Publication for
Alaska, referred to a memorandum from the organization dated
April 22, 2006 [copy on file], and requested that consideration
be given to the addition of language to Section 8. This proposed
amendment would insert a new subsection to AS 47.17.024. Duties
of practitioners of the healing arts., amended by Section 8 on
page 6, following line 15 to read as follows.
(c) Nothing in this chapter shall compel a religious
healing practitioner to disclose information learned
through sacred communications with a person seeking his or
her spiritual help and enjoined to be kept confidential
under the discipline of his or her church or religious
organization.
Ms. Smith stated that this language would allow Christian
Science practitioners to maintain their religious customs.
Certain communications between parishioners should be kept
confidential. This provision would also assure that a
practitioner would report crimes committed against a child. She
additionally supported the proposed language change of "child"
to "infant".
12:17:19 PM
Senator Bunde asked if the proposed amendment would prevent a
Christian Science practitioner from reporting knowledge of a
child who appeared to be affected by prenatal drug use.
Ms. Smith responded that practitioners are primarily concerned
with the best interest of the child. They would have to use
their judgment. Church doctrine would not prevent them from
reporting a child in danger.
Co-Chair Green understood that the language in bill would
address that situation.
Ms. Smith concurred. The change to "infant" from "child" might
provide more clear direction in that instance, as a child could
be "affected" by a parent's alcoholism, but in a different
manner than an infant with fetal alcohol symptoms.
12:18:55 PM
Senator Bunde furthered that the current language proposal
stated that the practitioner "cannot be compelled" to disclose
information, but language elsewhere in the bill stipulates a
doctor "shall report" evidence of drug use. This appeared to
leave practitioners with more discretion than doctors when
reporting medical observations.
12:19:25 PM
Co-Chair Green read the current language as follows: "a
practitioner of the healing arts involved in the delivery or
care of a child who the practitioner determines has been
adversely affected by, or is withdrawing from exposure to, a
controlled substance or alcohol shall immediately notify the
nearest office of the department of the child's condition". She
interpreted the requested amendment as applying to knowledge
gained through a conversation with a family. She likened the
confidentiality afforded by the proposed amendment to a
psychiatrist's doctor-client privilege.
12:20:31 PM
Senator Dyson asked for a definition of "sacred communication"
as it appears within the suggested amendment.
Ms. Smith explained that because a Christian Science
practitioner is not technically a member of the clergy, but acts
in that capacity, "sacred communication" would apply to
conversations between practitioners and parishioners, as well as
clergy.
Senator Dyson surmised the definition was similar to
confidential. He commented that mandatory reporting requirements
apply to the medical field, but not clergy. Christian Science
practitioners were in the difficult position of providing both
types of services.
Ms. Smith agreed, and desired to make the Committee aware of
this disconnect in the law. The proposed amendment would satisfy
the current requirements in this bill.
12:22:43 PM
TAMMY SANDOVAL, Acting Deputy Commissioner, Office of Children's
Services, Department of Health and Social Services, testified
that the original intent of this legislation was to provide for
compliance with federal law. A person assisting in the delivery
of an infant must report if that infant was adversely affected
by alcohol or a controlled substance. The Department of Health
and Social Services would then be obligated to investigate the
matter.
The bill was HELD in Committee.
RECESS TO CALL OF THE CHAIR 12:24:34 PM / 2:37:11 PM
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