Legislature(2005 - 2006)BUTROVICH 205
02/08/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB252 | |
| SB235 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 251 | TELECONFERENCED | |
| *+ | SB 252 | TELECONFERENCED | |
| += | SB 235 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 252-DEFINITION OF CHILD ABUSE AND NEGLECT
CHAIR DYSON announced SB 252 to be up for discussion.
2:13:56 PM
JOANNE GIBBENS, Program Administrator, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
introduced herself and Stacie Kraly of the Department of Law.
Ms. Gibbens explained that the intent of SB 252 is simply to
comply with federal law. In 2003, the Keeping Children and
Families Safe Act amended a federal law known as CAPTA, the
Child Abuse Prevention and Treatment Act. An amendment to that
federal law now requires states to have in place a process to
investigate, provide services and look into cases where health
care providers have reported issues to child protective services
regarding illegal substance abuse and its effect on children.
She said this bill therefore ensures that health care
professionals report to the child protective service agency any
infants affected by abuse of a controlled substance or by
withdrawal from prenatal exposure to a controlled substance.
Other parts of the federal law require that OCS develop a plan
of care and so forth. All requirements in the federal amendment
are things OCS does already, including receiving reports on a
regular basis from hospital personnel if, for example, a baby is
born who generates a concern about cocaine or marijuana
exposure. The key piece of the legislation is putting into
statute the requirement that health care providers make those
reports.
2:16:05 PM
SENATOR ELTON referred to an e-mail from the Alaska Primary Care
Association expressing concern that the bill may discourage some
people from going to a community health clinic.
MS. GIBBENS acknowledged that people who fear being reported
might not go to a health care provider for prenatal care.
However, this bill, and the federal intent, is to ensure that
it's the health care providers involved in the delivery or care
of an infant who'll make that report. She indicated for OCS
it's "safety first": if there is concern about an infant's
health, the hope is that it's reported so necessary services can
be provided.
She discounted the notion that OCS would be standing at the
doorway, waiting for the mother to give birth. She noted that
hospitals and health care providers have their own protocols for
determining when a situation has reached a level where the state
should be involved, which is why OCS receives calls now and
responds to them. Although not an expert in substance abuse
itself, she emphasized that the bill is limited to the health
care providers who have the expertise to judge whether there is
harm to an infant.
2:19:19 PM
SENATOR ELTON expressed surprise that there wasn't already a
statutory requirement because of requirements for reporting
instances of abuse. He asked whether perhaps the bill is needed
because some people in the medical field aren't reporting now.
MS. GIBBENS responded that she doesn't believe current child
protection statutes specifically mention the use or effect of
illegal or controlled substances on infants, including prenatal
exposure or withdrawal; she deferred to Ms. Kraly for further
detail. Ms. Gibbens said she'd consulted with a number of OCS
offices in preparing for her testimony, and unanimously across
the state those calls are being received. Although it's not
specifically in law now, health care providers see it as their
obligation to call so that OCS can be there to make an
assessment, ensure the children are safe and perhaps get the
mothers into treatment. Thus she didn't anticipate a large
increase in calls due to this bill.
2:21:12 PM
CHAIR DYSON offered his belief that when a parent is abusing
illegal drugs, under current statute the child is identified as
a child in need of aid. He asked Ms. Kraly whether detection of
cocaine in an infant might precipitate the mother's arrest.
STACIE KRALY, Chief Assistant Attorney General - Statewide
Section Supervisor, Human Services Section, Civil Division,
Department of Law (DOL), pointed out that she doesn't practice
criminal law. She then opined that the referral would probably
be made if a toxicology report showed the presence of a
controlled substance in both the baby and the mother. There'd
be a report of harm and also a referral to a law enforcement
agency in order to determine whether charges would be brought;
those are discretionary functions of the district attorneys in
the areas they cover. She acknowledged the possibility, though
she wasn't sure how often it happened.
CHAIR DYSON referred to Senator Elton's concern and highlighted
that providers want to get care to the right people and not
scare off those who need it most. He asked what happens if
prenatal care, including amniocentesis, raises a strong
possibility of cocaine use before the child is born.
2:23:35 PM
MS. KRALY responded that DOL is getting calls such as reports of
harm relating to a mother's consuming controlled substances
during a pregnancy. From a jurisdictional standpoint, neither
OCS nor DOL has authority over an unborn child. From a program
standpoint, however, the family is referred to OCS, [DOL] takes
the report of harm, there is an assessment and there is an
effort to provide services and work with the family prior to the
child's birth in order to ameliorate difficulties or issues
arising in the home.
2:24:48 PM
CHAIR DYSON noted that Senator Green had joined the meeting at
approximately 2:15 p.m.
SENATOR GREEN referred to page 1, line 9, and asked whether it
is grammatically correct.
MS. KRALY agreed it is a clumsy sentence. She indicated DOL is
working on an amendment to a companion bill in the House with
the chair of the House Health, Education and Social Services
Standing Committee to make it more readable.
SENATOR ELTON observed that the bill is narrowly written, only
applying to a health care provider involved in the delivery or
care of an infant. It excludes the rest of the medical
community, who also may be aware of circumstances.
MS. GIBBENS related her understanding that this bill basically
repeats, verbatim, what the federal law requires; she surmised
it is due to the level of expertise of the health care providers
who are at the delivery or who provide care to the baby. She
noted, however, that all health care professionals are mandated
reporters for child abuse and neglect in Alaska.
2:27:47 PM
SENATOR ELTON requested that someone get back to him to explain
why the bill is so narrow. He voiced concern about the ability
of a medical professional to report if that professional doesn't
fit the criteria but notices a problem.
CHAIR DYSON asked whether anyone else wished to testify. He
surmised that, in addition to bringing the statutes in line with
current practice and federal requirements, this bill would
affect federal funding.
MS. GIBBENS or MS. KRALY concurred. In response to Senator
Green, she said depending on how the language is finessed in the
House Health, Education and Social Services Standing Committee,
she'd propose that the Judiciary committee conform the language.
2:28:51 PM
SENATOR GREEN moved to report SB 252 from committee with a zero
fiscal note and a note to ask the Judiciary committee to look at
conforming language. Without objection, SB 252 was reported
from the Senate Health, Education and Social Services Standing
Committee.
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