Legislature(2015 - 2016)BUTROVICH 205
04/11/2016 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 27 | TELECONFERENCED | |
HB 27-DHSS DUTIES; CINA; FOSTER CARE; ADOPTION
1:31:23 PM
CHAIR STEDMAN announced the consideration of HB 27. The version
before the committee was CS FOR SPONSOR SUBSTITUTE FOR HOUSE
BILL NO. 27(JUD) am, "An Act relating to the duties of the
Department of Health and Social Services; relating to hearings
on and plans for permanent placement of a child in need of aid;
relating to school placement and transportation for children in
foster care; relating to foster care transition programs;
relating to emergency and temporary placement of a child in need
of aid; relating to transitional living arrangements for
children in foster care; and amending Rule 17.2, Alaska Child in
Need of Aid Rules of Procedure."
REPRESENTATIVE LES GARA, Alaska State Legislature, sponsor of HB
27, said the purpose of the bill is to give foster youth a much
better chance to succeed without damage and being bounced
between many foster homes. He maintained that more youth are
succeeding, however, 24 percent of foster youth end up in jail
at some point and roughly 35 percent end up "couch surfing" or
homeless at some point. One of the goals of the bill is to get
youth out of the foster care system into a permanent, loving
home more quickly. Alaska has more youth per capita waiting for
an adoptive home than in any other state but one.
He noted support letters in members' packets. He read from the
Alaska Children's Trust letter. The purpose of the bill is to
reduce the impact of trauma by taking steps to get youth out of
foster care into loving homes, reduce new incidences of adverse
childhood experiences, and build resilience among Alaska's
children.
1:34:37 PM
REPRESENTATIVE GARA addressed getting youth into a permanent
home. He said there are stresses within the Office of Children's
Services (OCS) and problems related to foster children. The bill
aims to provide a double check to ensure that the most important
things regarding foster care are done right. At court hearings
the question will be asked as to what is being done to get the
child into a permanent home, such as a family search. Everything
in the bill is consistent with best practices that should be
happening within the system.
He described the Casey Family Foundation which pushed to allow
youth to stay in foster care as long as they need to, up to age
21. Another part of HB 27 is that foster care workers must now
show that a youth is ready to exit from the foster care system.
1:38:19 PM
REPRESENTATIVE GARA described the law that requires a family
search, as a feasible placement for a child, to be done within
the first 30 days of removal. Every time a child switches homes,
a family search must also be done. The federal law says to check
within the first 30 days, but HB 27 requires it more often and
sooner, if feasible.
1:40:18 PM
REPRESENTATIVE GARA noted HB 27 is a no-cost bill. It adds to
the department's duties to express the need for more foster
homes.
He stressed the importance of school stability for a foster
child. The bill provides that the department will attempt to
keep the child in the same school, if feasible. A magistrate can
check that the department has considered school issues.
1:42:24 PM
REPRESENTATIVE GARA said there is a provision in the bill,
requested by the department, regarding foster students being
allowed to live in a dorm. He said there is also an Independent
Living provision in the bill related to job training and
transition needs. There are funds for this called Employment
Training Vouchers. A report from the department is required
regarding that expense.
He concluded that it is wrong for Alaska to have the second
highest number of youth needing an adoptive home.
1:44:50 PM
SENATOR GIESSEL asked who owns the child's PFD.
REPRESENTATIVE GARA understood that it is held for the child
until they are older and OCS does the application.
1:45:45 PM
REPRESENTATIVE GARA explained the sectional analysis:
Section 1 This Act may be known as the Child Protection and
Opportunity Act.
Section 2 formally adds recruiting foster parents when there is
a shortage of foster parents to the duties of the Department of
Health and Social Services ("the department").
CHAIR STEDMAN asked what was amended in Section 2.
REPRESENTATIVE GARA explained that on page 4, line 6, under the
general duties of the department, they are required to actively
recruit quality foster parents and adoptive parents when a
shortage occurs.
1:46:48 PM
Section 3 amends AS 47.10.080(l) to require the department to
demonstrate in existing hearings that the department is making
reasonable efforts to find a permanent placement for a child
Section 4 requires that during status hearings the department
demonstrate that it is taking reasonable efforts to find a
permanent home for a child.
1:47:57 PM
Section 5 requires that when the department transfers a child
from one out
search for an appropriate placement, if in the child's best
interests, with an adult family member or a family friends who
meets the foster care licensing requirements established by the
department.
Section 6 requires that when a child is transferred from one
placement setting to another, and it is reasonable and in the
child's best educational interests, the department shall
coordinate with the school the child is attending to ensure the
child is permitted to remain in that school through the end of
the school term if the child's new placement is in the same
municipality and connected by road to the school. Where the
Department does a Team Decision Meeting involving a new home
placement for a child, the participants must be invited to offer
input on whether a school change is or is not in the child's
best interests.
1:49:48 PM
Section 7 amends AS 47.10.142 by adding a new subsection
requiring that when the department takes emergency custody of a
child, the department shall, to the extent feasible and
consistent with the best interests of the child, place the child
according to the criteria specified under AS 47.14.100(e).
Section 8 amends AS 47.14.100(a) to allow the department to
authorize a transitional living arrangement, including a student
dorm at a postsecondary educational institution, in order to
adequately meet the child's needs and assists the child in
transitioning to independent living.
Section 9 changes the age when the department is no longer
required to continue searching for a suitable adoptive or
permanent legal guardianship for a child from 18 to 21 years of
age.
1:51:02 PM
Section 10 requires that before a child is released from the
Office of Children's Services custody before age 21 the
department demonstrate at the court proceeding that releasing
the child out of care is in the youth's best interests.
Section 11 amends AS 47.18.320(a) to state that the Office of
Children's Services should work towards not just a "basic
education", but towards "educational and vocational training."
Word "basic" removed.
1:52:25 PM
Section 12 requires the department, if appropriations are
insufficient to meet the purposes of the foster care transition
program, to submit a report to the legislature advising the
legislature of the extent of the insufficiency, the department's
efforts to use the funds efficiently, and the services the
department cannot provide under existing appropriations.
Section 13 identifies the section of the bill that would result
in indirect amendments to the Alaska Child in Need of Aid Rules
of Procedure relating to permanency hearings.
CHAIR STEDMAN requested the department comment on the bill.
1:53:50 PM
TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
testified in support of HB 27. She addressed the PFD question
first, saying OCS applies for the PFD on behalf of the children.
They hold the PFDs in a trust, and release them when the child
returns to the custody of their parents or if they age out of
care.
She stated that OCS has worked closely the past year with the
bill sponsor on HB 27. The bill helps to align current best
practice standards to the statute itself, and it will better
improve the permanency outcomes for youth. She said the
permanency planning hearings are a required hearing in the court
system at the 12-month mark in every case. The reports OCS
presents to the courts do not necessarily outline who the
permanent placement is or when it would begin. The bill allows
reasonable effort standards to be added to the permanency
hearing to ensure that there is a permanency placement in place.
1:56:11 PM
MS. CAMPBELL addressed placement change concerns. It is a part
of OCS's practice now to continually evaluate if there is a
family member available to take the child, but it isn't
consistent. By providing for that in statute, it becomes a
double check every time placement changes are considered.
1:56:55 PM
SENATOR GIESSEL asked if family members are vetted before
placement.
MS. CAMPBELL explained the two methods for taking in a child;
unlicensed care placement or licensed foster care. Unlicensed
relatives must go through a basic safety review and a
fingerprint background check.
1:57:54 PM
MS. CAMPBELL addressed school placement during a placement
change. There is new federal legislation that requires OCS to
continue to keep children in the school they started in at the
beginning of the school year. The bill elevates this provision
in statute. She described transportation issues and how
available federal and state funds apply.
1:59:02 PM
SENATOR GIESSEL asked if the transportation funds are federal or
state funds.
MS. CAMPBELL said both. There are federal funds available
through school districts and state funds to fall back on.
She stressed the importance of OCS's plan to speak with youth at
age 18 to communicate about exiting the program. The bill
expands that requirement to age 21.
1:59:59 PM
MS. CAMPBELL spoke to the department's requirement to highlight
the need for foster care homes and adoptive homes. She talked
about the dorm provision; some youth are ready for college and
the bill would allow them to live in dorms.
She noted that many provisions in the bill are part of the work
the department does, so the department has submitted a zero
fiscal note.
2:01:16 PM
CHAIR STEDMAN opened public testimony.
2:01:26 PM
AMANDA METIVIER, Executive Director, Facing Foster Care in
Alaska, testified in support of HB 27. She said her organization
supports every provision in the bill. As of February, 3,000
children are in foster care and are waiting for permanent
families. She described her personal experience as a foster
child and now as a foster parent. She maintained that the best
thing for foster children is to get them out of the system. She
spoke about a foster child who aged out and had no extended
family and so went to other state programs. The bill would
ensure that children get out of foster care and into permanent
homes where everyone benefits. It would also be a cost savings
to the state. She noted the importance of transitional living
and dorm housing.
2:05:45 PM
TREVOR STORRS, Executive Director, Alaska Children's Trust,
testified in support of HB 27. He said the bill works toward
reducing trauma and building resiliency in both the child and
the family, and in the community. It would reduce the number of
adverse experiences related to foster care. It helps connect
children with their relatives and connects OCS with family
placement.
2:08:01 PM
JUDY ANDREE, Chair - Statewide Steering Committee, Alaska
Women's Lobby, testified in support of HB 27. She referred to a
letter written by Tamara Dietrich from Anchorage. She stressed
the important of assisting these children to have as stable a
childhood as possible and successfully transition into
independence.
2:09:42 PM
SENATOR GIESSEL moved to adopt the Senate CS for CS for SS for
HB 27(HSS), labeled 29-LS0176\S, as the working document.
CHAIR STEDMAN objected for discussion.
2:10:20 PM
REPRESENTATIVE GARA noted concerns in the bill on the House
side, so an amendment was added on the House floor. This version
of the bill includes an amendment that does not require adding
new staff and costs. It includes team decision meetings, where
all stakeholders meet to discuss foster placement changes. The
decision regarding school placement will now be decided during
the team decision meetings, where possible, and with
stakeholders when meetings are not held. It avoids the need to
convene many extra times.
CHAIR STEDMAN asked the department to come forward.
2:12:29 PM
MS. CAMPBELL stated the department supports version S.
CHAIR STEDMAN removed his objection to the adoption of version
S.
There being no further objection version S was adopted.
2:13:48 PM
MOLLY CARVER, Staff, Representative Les Gara, Alaska State
Legislature, presented information on HB 27. She shared her work
on the bill and noted the benefits to the state and to foster
kids.
2:14:38 PM
CHAIR STOLTZE asked if the upcoming fiscal note will be a zero
fiscal note.
REPRESENTATIVE GARA said that is his understanding.
CHAIR STEDMAN closed public testimony and held HB 27 in
committee.
2:15:17 PM
SENATOR ELLIS noted the importance of the legislation and wished
to know the plan.
CHAIR STEDMAN said the committee plans to meet Wednesday or
sooner to seek the will of the committee.