Legislature(2009 - 2010)BELTZ 211

04/13/2009 01:30 PM Senate HEALTH & SOCIAL SERVICES


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01:33:05 PM Start
01:33:19 PM Ocs Child & Family Services Review
02:07:52 PM SB105
02:46:19 PM HB35
03:09:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= SB 179 PARENTAL NOTICE OF MINOR'S ABORTION
Scheduled But Not Heard
+ OCS Hearing TELECONFERENCED
+ SB 105 FOSTER CARE/CINA/EDUCATION OF HOMELESS TELECONFERENCED
Moved CSSB 105(HSS) Out of Committee
Heard & Held
+= HB 35 NOTICE & CONSENT FOR MINOR'S ABORTION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 105-FOSTER CARE/CINA/EDUCATION OF HOMELESS                                                                      
                                                                                                                                
CHAIR DAVIS  announced consideration  of SB  105 [Version  E CSSB
105(EDC) was before the committee].                                                                                             
                                                                                                                                
2:07:52 PM                                                                                                                    
TOM  OBERMEYER,  staff  to  Senator Davis,  sponsor  of  SB  105,                                                               
presented the  sponsor statement and  overview of changes  in the                                                               
proposed  committee  substitute   (CS)  labeled  26-LS0556\C.  He                                                               
explained   that   the   word   "commission"   was   changed   to                                                               
"institution" on  page 3 in  order to recognize that  schools and                                                               
institutions should be  making the decision as to  what is needed                                                               
for   the  student   rather  than   the   Alaska  Commission   on                                                               
Postsecondary Education.                                                                                                        
                                                                                                                                
The other  main change is that  the stipend was reduced  on pages                                                               
11-12 not  to exceed nine  months with different  age parameters.                                                               
The person has  to be 18 or  older, has to be  participating in a                                                               
services program  and has contact  with a social  worker involved                                                               
in the  program. The stipend  must be  what is necessary  to meet                                                               
the individual's living expenses  as determined by the department                                                               
and it  shall not exceed the  daily rate provided for  a licensed                                                               
foster parent for the first six  months of eligibility; and if it                                                               
goes beyond  that, it's  not to  exceed more  than one  half that                                                               
amount for  an additional  three months.  It also  indicates that                                                               
the  department shall  pay the  stipend until  the date  that the                                                               
individual reaches 21  years of age or has  left out-of-home care                                                               
for six months. He did not have a new fiscal note.                                                                              
                                                                                                                                
2:12:14 PM                                                                                                                    
MIKE LESMAN,  Community Relations  Manager, Office  of Children's                                                               
Services (OCS), Department of Health  and Social Services (DHSS),                                                               
said SB 105  has good language, but the department  has a neutral                                                               
position. He  agreed with Ms.  Sandoval's explanation.  The front                                                               
end  work  is  the  most  urgent  and  OCS  intends  to  initiate                                                               
investigations, assess  safety and risk to  children, and prevent                                                               
removing them  from their homes if  at all possible in  the hopes                                                               
that  this will  reduce  the  problems on  the  back  end of  the                                                               
system.                                                                                                                         
                                                                                                                                
SENATOR  ELLIS asked  about  the  Child In  Need  Of Aid  (CHINA)                                                               
provisions.                                                                                                                     
                                                                                                                                
MR. LESMAN responded  that those statutes have been  cleaned up a                                                               
great deal, like replacing the  words "foster care" with "out-of-                                                               
home care".  Another is that this  bill would allow the  State of                                                               
Alaska to maintain custody up to  age 21 whereas currently with a                                                               
couple of court  orders they can only maintain custody  up to age                                                               
20.                                                                                                                             
                                                                                                                                
2:17:18 PM                                                                                                                    
LAURA   HEYWOOD,   CASA   Volunteer  (court   appointed   special                                                               
advocate),  explained that  they are  appointed by  the court  to                                                               
advocate for children  who are in state custody  for CHINA cases.                                                               
They work with lots of  professionals, but one difference is that                                                               
they have  very small case  loads (one or  two cases at  a time).                                                               
They are not  professionals, but are trained by  the program that                                                               
is administered by  the Office of Public  Advocacy and supervised                                                               
by their  guardian ad  litem. Ms.  Heywood said  she is  also the                                                               
vice  president of  Friends of  Alaska  CASA, which  is the  non-                                                               
profit that  raises money  to support the  CASA program.  They do                                                               
things like  meet kids' needs  that aren't covered  elsewhere and                                                               
support volunteers.                                                                                                             
                                                                                                                                
MS.  HEYWOOD said  SB 105  promotes education  to a  higher level                                                               
than before  and has learned  during her work just  how important                                                               
that is.  Education is the  only thing  that can't be  taken away                                                               
from some of those children.                                                                                                    
                                                                                                                                
2:19:55 PM                                                                                                                    
SENATOR THOMAS joined the meeting.                                                                                              
                                                                                                                                
MS. HEYWOOD said that in the  five years she has worked with CASA                                                               
she has  advocated for six  children. These children spent  a lot                                                               
of time  in residential treatment  because of the  issues related                                                               
to foster care.  When those kids age out of  care, they return to                                                               
their communities  where they  may have no  family so  they don't                                                               
have any connections  to help them. She wanted to  make a special                                                               
pitch for this bill to help them with this transition.                                                                          
                                                                                                                                
2:21:28 PM                                                                                                                    
KARL ECKSTROM, representing himself,  Change Point, AK, supported                                                               
SB 105.  He said the Change  Point has The Downtown  Soup Kitchen                                                               
that serves  about 500 homeless  people a day and  the population                                                               
of kids they serve who are in foster care is increasing.                                                                        
                                                                                                                                
2:22:34 PM                                                                                                                    
AMANDA  METIVIER, Statewide  Coordinator, Facing  Foster Care  in                                                               
Alaska, supported SB  105. She said she is also  an alumni of the                                                               
Alaska's foster  care system  and is  currently a  foster parent.                                                               
She said  the 38  percent of  the young people  who "age  out" of                                                               
foster   care  end   up  homeless;   about   30  percent   become                                                               
incarcerated at  some point  and they  have a  high rate  of teen                                                               
pregnancy. They  also have a  high rate of utilization  of public                                                               
assistance.                                                                                                                     
                                                                                                                                
She  said  currently  the  state   provides  10  tuition  waivers                                                               
annually for  young people who  age out. Statewide 28  youths are                                                               
attending  college  on  those  waivers  and  10  more  youth  are                                                               
attending college without assistance from the tuition waiver.                                                                   
                                                                                                                                
Anecdotally she  said she  came into foster  care as  a teenager,                                                               
and  by the  time she  came  into state  custody she  was so  far                                                               
behind in  school that she dropped  out and had to  deal with the                                                               
stress and  trauma of  not only  what happened  in her  home, but                                                               
with having been removed from her  home and being placed in a new                                                               
family. She was  lucky enough to have a social  worker who helped                                                               
her get  a waiver and  encouraged her to continue  her education.                                                               
At the time  the state was offering five tuition  waivers a year.                                                               
Without that  waiver she would  not have finished  her education,                                                               
and she  graduated last year  with a Bachelor's Degree  in social                                                               
work. A lot of people who age out  have no help. So if they don't                                                               
get into  a program  right away,  they don't  wait around  to try                                                               
again because  they have  to make  a living. They  end up  on the                                                               
street.                                                                                                                         
                                                                                                                                
2:25:16 PM                                                                                                                    
REBECCA SHIRE,  Statewide Representative,  Facing Foster  Care in                                                               
Alaska, said  she is currently  in foster care. She  supported SB
105.  During her  six years  in  custody she  has attended  seven                                                               
different schools,  four were in  her first year of  foster care.                                                               
Throughout  the year  she switched  between  those first  schools                                                               
several times  - as well as  being home schooled. She  was in and                                                               
out  of treatment  that  year  as well.  She  had trouble  making                                                               
friends and had no lasting relationships.                                                                                       
                                                                                                                                
She said according to the  U.S. Department of Education, students                                                               
fall behind  4-6 months  in their  education with  each placement                                                               
change.  She finally  graduated late.  She is  now a  social work                                                               
major  at UAA  because  of the  tuition waiver.  If  she had  not                                                               
gotten it, she would probably not have continued her education.                                                                 
                                                                                                                                
2:27:37 PM                                                                                                                    
REPRESENTATIVE GARA said the provisions  in this legislation will                                                               
make a huge  difference in the lives of foster  youth. The aim of                                                               
the bill  is to  come up  with feasible things  that will  make a                                                               
difference in  the lives of youth.  The things that he  feels are                                                               
most important in this bill are:                                                                                                
   · Keeping youth in the same school - federal law says                                                                        
     homeless youth should be able to  stay in the same school as                                                               
     they  move  around. It  has  previously  covered only  youth                                                               
     awaiting   foster  care.   This  expands   that  protection.                                                               
     Obviously it's only  in the same district;  if it's feasible                                                               
     they do it.                                                                                                                
   · Having provisions aimed at fixing the statistic that                                                                       
     roughly 38  percent of youth  coming out of foster  care end                                                               
     up  homeless.  So  this  extends  the  assistance  that  was                                                               
     previously  available  to  only  that small  number  to  all                                                               
     foster   youth.  It   includes  tuition   waivers  and   ETV                                                               
     (employment  training  vouchers).  These  are  not  terribly                                                               
     expensive provisions.                                                                                                      
   · Trying to solve the homeless problem. There is now one                                                                     
     month of full rental help and  a couple of other months with                                                               
     half of  that. This extends it  for up to six  months rental                                                               
     help and then three months at half level.                                                                                  
   · Allowing foster youth to stay in foster care and on                                                                        
     Medicaid  until age  21. Not  all youth  are ready  to leave                                                               
     foster care at 18.                                                                                                         
   · Having an advisory provision. This bill provides for a                                                                     
     monthly face-to-face visit.                                                                                                
                                                                                                                                
He said that these are fairly inexpensive fixes.                                                                                
                                                                                                                                
2:35:06 PM                                                                                                                    
SENATOR  ELLIS asked  where Alaska  stacks up  compared to  other                                                               
states and how would that would change if this passes.                                                                          
                                                                                                                                
REPRESENTATIVE GARA said he couldn't answer that question.                                                                      
                                                                                                                                
SENATOR DYSON asked if keeping foster  kids in the same school is                                                               
currently financed through the school budget.                                                                                   
                                                                                                                                
REPRESENTATIVE GARA answered yes.                                                                                               
                                                                                                                                
SENATOR  DYSON observed  that they  seem  to be  moving toward  a                                                               
model that requires  the schools to fix a lot  of the problems of                                                               
non-functional families, and he wondered  if it doesn't make more                                                               
sense for the foster care system to do that.                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  replied that  all of  the provisions  in the                                                               
bill say "subject to funding from the state".                                                                                   
                                                                                                                                
CHAIR  DAVIS said  this bill  prefers  the money  go directly  to                                                               
them, not through OCS, because that delays things.                                                                              
                                                                                                                                
SENATOR DYSON said he agrees that  it would be best for the money                                                               
to   go  to   the   foster  parents   who   would  then   provide                                                               
transportation.                                                                                                                 
                                                                                                                                
2:38:47 PM                                                                                                                    
REPRESENTATIVE  GARA  responded  that   you  can't  force  foster                                                               
parents to  be prefect; so  if the parent  isn't going to  try to                                                               
keep a kid in the same school, you have to work through OCS.                                                                    
                                                                                                                                
SENATOR DYSON disagreed with that scenario.                                                                                     
                                                                                                                                
SENATOR THOMAS  asked what the  reason was for  changing "out-of-                                                               
home care" to "foster care".                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA answered  that "foster care" is  when a child                                                               
is  with an  unrelated foster  parent and  "out-of-home care"  is                                                               
when a  child is with a  relative. Together they are  supposed to                                                               
encompass all kids who are in foster care.                                                                                      
                                                                                                                                
2:40:20 PM                                                                                                                    
SENATOR PASKVAN moved to adopt  the proposed committee substitute                                                               
for SB 105,  labeled 26-LS0556\C, as the  working document. There                                                               
being no objection, version C was before the committee.                                                                         
                                                                                                                                
SENATOR DYSON asked what the department's position is.                                                                          
                                                                                                                                
MR. LESMAN  responded that the  department's position  is neutral                                                               
for the reasons stated previously.                                                                                              
                                                                                                                                
SENATOR DYSON  asked if anything  could be  done to make  it more                                                               
palatable.                                                                                                                      
                                                                                                                                
MR. LESMAN said the biggest challenge  in the bill has to do with                                                               
the monetary  living stipend. Existing  language leaves a  lot to                                                               
be worked out.                                                                                                                  
                                                                                                                                
2:43:22 PM                                                                                                                    
SENATOR  PASKVAN moved  to report  CS for  SB 105  from committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There being no objection, CSSB 105(HSS) moved from committee.                                                                   

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