Legislature(2021 - 2022)BUTROVICH 205

03/31/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 175 HEALTH CARE SERVICES BY TELEHEALTH TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 184 REQUIRE TRIBAL CHILD WELFARE COMPACT TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
          HB 184-REQUIRE TRIBAL CHILD WELFARE COMPACT                                                                       
                                                                                                                                
2:12:07 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration  of HOUSE  BILL  NO. 184  "An  Act requiring  state                                                               
participation in a tribal child welfare compact."                                                                               
                                                                                                                                
2:12:41 PM                                                                                                                    
REPRESENTATIVE  TIFFANY   ZULKOSKY,  Alaska   State  Legislature,                                                               
Juneau, Alaska,  sponsor of HB  184 stated that  this legislation                                                               
seeks to  protect the implementation  of the Alaska  Tribal Child                                                               
Welfare Compact by codifying it in Alaska statute.                                                                              
                                                                                                                                
REPRESENTATIVE  ZULKOSKY  explained  that  the  State  of  Alaska                                                               
entered the landmark Tribal Child  Welfare Compact (Compact) with                                                               
18  Tribal   cosigners,  representing   161  federally-recognized                                                               
Alaska  Native Tribes.  The Alaska  Tribal Child  Welfare Compact                                                               
would  offer the  state systemic  innovation to  provide services                                                               
and care  that every  child deserves. She  offered her  view that                                                               
there were  elements in  this policy  that all  legislators could                                                               
embrace. If fully  implemented, it could save  the state millions                                                               
of dollars  over time  and transform  a struggling  child welfare                                                               
system with its policies.                                                                                                       
                                                                                                                                
REPRESENTATIVE ZULKOSKY turned to slide 2, Why the Work Began.                                                                  
                                                                                                                                
REPRESENTATIVE   ZULKOSKY   highlighted   that  the   Office   of                                                               
Children's  Services  (OCS) has  high  staff  turnover rates  and                                                               
frontline  workers  carry caseloads  more  than  three times  the                                                               
national  average despite  the legislature's  efforts to  address                                                               
the issue.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ZULKOSKY  stated that Alaska Native  children make                                                               
up 15 percent of Alaska's children  but roughly 60 percent of the                                                               
children in  state custody. She  said disparities of  this nature                                                               
generally indicate a failure in the child welfare system.                                                                       
                                                                                                                                
2:14:20 PM                                                                                                                    
REPRESENTATIVE ZULKOSKY  turned to slide  3, How the  Work Began.                                                               
She stated that  tribes, the state, and  invited stakeholders had                                                               
worked collaboratively on child welfare  issues for over 25 years                                                               
through tribal  and state  efforts. The  goals are  to strengthen                                                               
Alaska's compliance with  the Indian Child Welfare  Act (ICWA) of                                                               
1978, reduce the disproportionality  of Alaska Native children in                                                               
state  custody,  and  build   and  strengthen  the  relationships                                                               
between stakeholder groups.                                                                                                     
                                                                                                                                
REPRESENTATIVE ZULKOSKY stated that  Tribal Title IV-E agreements                                                               
provide  tribes with  a higher  federal  reimbursement rate  than                                                               
states  for services  including  foster  care, guardianship,  and                                                               
adoption   assistance.  This   means   that   tribal  and   state                                                               
partnerships  can leverage  increased  federal  funding and  save                                                               
state dollars.                                                                                                                  
                                                                                                                                
2:15:08 PM                                                                                                                    
REPRESENTATIVE  ZULKOSKY  reviewed  slide  4,  What  is  Alaska's                                                               
Tribal Child Welfare Compact, which read:                                                                                       
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     The  Alaska  Tribal  Welfare  Compact  (Compact)  is  a                                                                    
     government-to-government agreement to  improve the life                                                                    
     outcomes   for  Alaska's   children  and   families  by                                                                    
     transferring   specific,   negotiated   child   welfare                                                                    
     services and supports  (including revenue streams) from                                                                    
     the Office  of Children's Services (OCS)  to the Tribal                                                                    
     CoSigners                                                                                                                  
                                                                                                                                
     The Compact was  signed in 2017 by  Governor Walker and                                                                    
     18  Tribal  Co-Signers;   representing  161  Federally-                                                                    
     recognized   Tribes   and  Tribal   Organizations   and                                                                    
     continued under Governor Dunleavy in 2019                                                                                  
                                                                                                                                
REPRESENTATIVE ZULKOSKY  asked members to  keep in mind  that the                                                               
Alaska  Tribal  Child  Welfare  Compact  does  not  transfer  the                                                               
jurisdiction of  the child to  the tribe. It remains  solely with                                                               
the state.  She said that  tribes are better positioned  than OCS                                                               
to  focus on  prevention  and early  intervention strategies  for                                                               
vulnerable families using the compact.                                                                                          
                                                                                                                                
2:15:46 PM                                                                                                                    
REPRESENTATIVE   ZULKOSKY   reviewed  slide   5,   Implementation                                                               
Timeline.                                                                                                                       
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     2018                                                                                                                       
                                                                                                                                
     square4 Tribal Co-Signers developed their programs, built                                                                  
     capacity and infrastructure                                                                                                
                                                                                                                                
     square4 OCS began sharing Protective Services Reports                                                                      
     (PSRs or 'screen ins' or 'screen outs'), and provided                                                                      
     training and technical support                                                                                             
                                                                                                                                
     2019                                                                                                                       
                                                                                                                                
  square4 Tribal Co-Signers began performing Initial Diligent                                                                   
        Relative Searches                                                                                                       
                                                                                                                                
   square4 The Parties negotiated four new Scopes of Work for                                                                   
        Ongoing   Relatives   Searches,    Family   Contact,                                                                    
        Licensing Assists, and Safety Evaluations                                                                               
                                                                                                                                
  square4 State-Tribal partnership was stalled due to a change                                                                  
        in Administration                                                                                                       
                                                                                                                                
REPRESENTATIVE  ZULKOSKY  noted  that  the tribes  and  OCS  were                                                               
grateful  for  the  support of  Governors  Walker  and  Dunleavy.                                                               
Still,  because  it  is  not  in  statute  but  is  an  executive                                                               
initiative,  this adds  significant ambiguity  to the  vital work                                                               
done under the Compact.                                                                                                         
                                                                                                                                
2:16:19 PM                                                                                                                    
REPRESENTATIVE ZULKOSKY reviewed slide 6, Implementation                                                                        
Timeline.                                                                                                                       
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     2020                                                                                                                       
                                                                                                                                
   square4 Parties worked out differences and signed all five                                                                   
        previously -negotiated Scopes:                                                                                          
                                                                                                                                
     square4 Initial Diligent Relative Searches (IDRS)                                                                          
                                                                                                                                
     square4 Ongoing Relative Searches (ORS)                                                                                    
                                                                                                                                
     square4 Family Contact                                                                                                     
                                                                                                                                
     square4 Licensing Assists                                                                                                  
                                                                                                                                
     square4 Safety Evaluations                                                                                                 
                                                                                                                                
     2021                                                                                                                       
                                                                                                                                
     square4 Compact negotiations included all previously -                                                                     
        negotiated scopes of work and added funding for                                                                         
        preventative services                                                                                                   
                                                                                                                                
     2022                                                                                                                       
                                                                                                                                
     square4 Negotiations will occur in April 2022                                                                              
                                                                                                                                
2:16:53 PM                                                                                                                    
REPRESENTATIVE ZULKOSKY reviewed slide 7, Advantages.                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
        square4 Provides higher quality services, closer to home,                                                               
          at a lower cost through leveraging Tribal                                                                             
          resources                                                                                                             
                                                                                                                                
        square4 Strengthens state services by engaging Tribes,                                                                  
          often the most local government, on an issue of                                                                       
          shared interest                                                                                                       
                                                                                                                                
        square4 Increased public trust through existing family                                                                  
          relationships with Tribes                                                                                             
                                                                                                                                
        square4 Preventative services lower ACE scores                                                                          
                                                                                                                                
          square4 ACEs are potentially traumatic events that                                                                    
             occur in childhood (0-17 years) and can lead to                                                                    
             chronic  health   problems,   mental   illness,                                                                    
             substance   abuse   disorders   and   increased                                                                    
             incarceration in adulthood.                                                                                        
                                                                                                                                
2:17:54 PM                                                                                                                    
REPRESENTATIVE ZULKOSKY reviewed slide 8, Sectional Analysis.                                                                   
                                                                                                                                
       Section 1: Amends AS 47.05 to add a new section to                                                                       
       article 1 requiring the State to participate in a                                                                        
     Tribal Child Welfare Compact.                                                                                              
                                                                                                                                
2:18:11 PM                                                                                                                    
REPRESENTATIVE  ZULKOSKY   explained  the  timing  for   HB  184.                                                               
Currently, the  Tribal Child Welfare  Compact is  accomplished by                                                               
executive initiative.  She said  HB 184 seeks  to provide  a firm                                                               
anchor  in  state  law  for the  ongoing  implementation  of  the                                                               
Compact with  zero fiscal  impact. This bill  would give  the co-                                                               
signers  stability  and   predictability  to  administer  quality                                                               
programs  to vulnerable  youth and  families in  the most  remote                                                               
parts of  the state  without worrying  about whether  the Compact                                                               
will continue.                                                                                                                  
                                                                                                                                
REPRESENTATIVE ZULKOSKY acknowledged  that legislators often hear                                                               
statistics that generally  lead to good policy.  Still, they also                                                               
provide distance  between the  legislature's decisions  and their                                                               
consequential  effects on  families. She  said that  is why  this                                                               
bill and  the Compact are  fascinating. The Tribal  Child Welfare                                                               
Compact is not  just a positive step in  the state's relationship                                                               
with its tribal partners, it is also an innovative and forward-                                                                 
thinking  policy   that  reaches  children  and   families  in  a                                                               
meaningful way.                                                                                                                 
                                                                                                                                
2:19:58 PM                                                                                                                    
SENATOR   REINBOLD  commented   that  she   had  heard   numerous                                                               
complaints  about OCS  and was  seeking  solutions. She  wondered                                                               
about the discrepancy between the  161 tribes mentioned today and                                                               
the 229 tribes mentioned during a hearing on another bill.                                                                      
                                                                                                                                
REPRESENTATIVE ZULKOSKY  answered that  there are  229 federally-                                                               
recognized  tribes in  Alaska.  This initiative  is  a state  and                                                               
tribal compact, which means that  the state and tribal co-signers                                                               
are  signing   on  in  an   agreement  to   provide  specifically                                                               
negotiated scopes of  work. She referred to slide  4, which shows                                                               
that 18  tribal co-signers  represent 161  of the  229 federally-                                                               
recognized tribes in Alaska.                                                                                                    
                                                                                                                                
2:21:35 PM                                                                                                                    
SENATOR REINBOLD wondered how tribes were identified.                                                                           
                                                                                                                                
REPRESENTATIVE   ZULKOSKY  deferred   the   question  to   Nicole                                                               
Borromeo, General Counsel, Alaska Federation of Natives.                                                                        
                                                                                                                                
CHAIR WILSON  reiterated that the  question for Ms.  Borromeo was                                                               
how tribal membership is established.                                                                                           
                                                                                                                                
2:22:51 PM                                                                                                                    
SENATOR REINBOLD  asked whether  the Alaska Tribal  Child Welfare                                                               
Compact  would only  impact children  in  Alaska or  if it  would                                                               
affect tribes in other states.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ZULKOSKY   answered  that  Alaska   Tribal  Child                                                               
Welfare  Compact  is  a  negotiated  agreement  between  Alaska's                                                               
federally-recognized  tribes and  the  state concerning  specific                                                               
work being done through the  Office of Children's Services (OCS).                                                               
She explained  that the  jurisdiction of  the child  remains with                                                               
the  state.  The  tribes  are   leveraging  their  resources  and                                                               
relationships to  offer support  to OCS  in diligent  and ongoing                                                               
relative  searches, family  contacts,  licensing assistance,  and                                                               
safety evaluations.                                                                                                             
                                                                                                                                
2:24:20 PM                                                                                                                    
SENATOR  REINBOLD  related  a scenario  involving  a  woman  from                                                               
another state whose divorce led  to a jurisdictional dispute. She                                                               
stated that she was trying to understand the impacts of HB 184.                                                                 
                                                                                                                                
2:25:12 PM                                                                                                                    
SENATOR COSTELLO  stated that  she had  questions similar  to the                                                               
ones Senator  Reinbold had asked  regarding the number  of tribes                                                               
and  how tribal  membership is  defined. She  wondered about  the                                                               
number  of children  helped by  the Alaska  Tribal Child  Welfare                                                               
Compact and in which communities they reside.                                                                                   
                                                                                                                                
REPRESENTATIVE  ZULKOSKY   deferred  to  invited   testifiers  to                                                               
discuss  the  type  of  support  that  tribes  have  provided  to                                                               
families and  clarify the scope  of the compact. She  stated that                                                               
the  compact  seeks  to leverage  support  and  provide  diligent                                                               
relative searches, but the custody  of the child remains with the                                                               
state.                                                                                                                          
                                                                                                                                
2:26:45 PM                                                                                                                    
SENATOR COSTELLO wondered about the  number of children and where                                                               
they  were located.  She related  her understanding  that HB  184                                                               
requires the state  to participate in a  compact, which typically                                                               
is  government-to-government. She  stated that  in the  past, the                                                               
compact  was something  the executive  branch initiated  with the                                                               
tribes.  She  asked  whether  the  Alaska  Tribal  Child  Welfare                                                               
Compact  would   violate  any  balance   of  power   between  the                                                               
legislative and executive branches.  She noted that the executive                                                               
branch and  federally-recognized tribes  have already  been doing                                                               
this successfully.  If this is  allowed, she wondered  what would                                                               
keep the legislature  from forcing the executive  branch to enter                                                               
into compacts in  other areas such that that it  would dilute the                                                               
power of the executive branch.                                                                                                  
                                                                                                                                
REPRESENTATIVE ZULKOSKY responded  that the intent of  HB 184 was                                                               
to protect, provide  clarity, and allow the state  to continue to                                                               
explore  the state  and tribal  relations  as it  relates to  the                                                               
compact.  She stated  that nothing  in  HB 184  would compel  the                                                               
state to  specific negotiations,  agreements, or  funding levels.                                                               
She  noted  that those  negotiated  scopes  of work  and  funding                                                               
agreements  that accompany  them were  at the  discretion of  the                                                               
state and the tribes. She  indicated that she intended to protect                                                               
this  systematic  innovation  by  codifying it  in  statute.  She                                                               
indicated  she was  open to  suggestions to  provide clarity  and                                                               
ensure protection for  the excellent work of  the compact without                                                               
running into constitutional issues.                                                                                             
                                                                                                                                
2:29:53 PM                                                                                                                    
SENATOR  HUGHES  asked  whether this  approach  has  resulted  in                                                               
improvements.                                                                                                                   
                                                                                                                                
REPRESENTATIVE ZULKOSKY deferred to Nicole Borromeo to respond.                                                                 
                                                                                                                                
2:30:58 PM                                                                                                                    
SENATOR BEGICH stated  that the bill uses  the directive language                                                               
"shall enter  into agreements."  He asked  why that  language was                                                               
necessary.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ZULKOSKY  responded that the intent  was to codify                                                               
the  expectation  and  intent  that  the  tribal  compacts  would                                                               
continue to accomplish the work that needs to be done.                                                                          
                                                                                                                                
2:31:53 PM                                                                                                                    
SENATOR BEGICH related his understanding  that "shall" means that                                                               
if a compact is negotiated  between the department and state, the                                                               
state must adhere  to it. He offered his view  that would be good                                                               
intent, but he was unsure whether he had fairly described it.                                                                   
                                                                                                                                
REPRESENTATIVE ZULKOSKY  responded that the state  and the tribes                                                               
would negotiate  yearly in any  compact. She characterized  it as                                                               
essentially doing an annual program  evaluation to determine what                                                               
is  successful,  what  needs additional  work,  and  any  funding                                                               
agreements to  align with that  work. She indicated  that "shall"                                                               
was used  because the state and  tribes have agreed on  the scope                                                               
of  work  and  funding.  She acknowledged  that  there  might  be                                                               
concerns. Ultimately, the goal is  to codify the innovation being                                                               
accomplished between the state and  the tribes by protecting that                                                               
work in statute.                                                                                                                
                                                                                                                                
2:33:32 PM                                                                                                                    
SENATOR BEGICH stated that she  had affirmed the certainty of the                                                               
bill.                                                                                                                           
                                                                                                                                
2:33:40 PM                                                                                                                    
CHAIR WILSON turned to invited testimony.                                                                                       
                                                                                                                                
2:34:40 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:35:26 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
2:36:00 PM                                                                                                                    
TRACI  MCGARRY,  Director,  Children  &  Family  Services;  Child                                                               
Advocacy  Center, Kawerak  Inc., Nome,  Alaska, provided  invited                                                               
testimony supporting  HB 184.  She said she  speaks on  behalf of                                                               
the three Alaska  Tribal Child Welfare Compact  co-leaders and 15                                                               
co-signers  representing  161 of  the  229  Alaska Native  Tribes                                                               
throughout the state.  She said she had been the  director for 10                                                               
years. She noted that Alaska Native  tribes know what is best for                                                               
their  children and  Alaska Native  families and  communities are                                                               
the  best places  for  their children  to  thrive. Alaska  Native                                                               
children  steeped in  the  love, values,  and  cultures of  their                                                               
tribe have the  best chance of being healthy,  engaged members of                                                               
society.                                                                                                                        
                                                                                                                                
MS.  MCGARRY reminded  members  that this  compact  is the  first                                                               
agreement   in  the   nation  between   the   state  and   tribal                                                               
organizations  to  transfer   certain  negotiated  child  welfare                                                               
services  and associated  funding  streams to  tribes and  tribal                                                               
organizations to administer on behalf  of the state. She said the                                                               
goal of the compact is to  improve child welfare by including and                                                               
investing in  tribes. She noted  that codifying the  compact into                                                               
state law  ensures that tribes  can invest in  infrastructure and                                                               
longevity  of staff  and  not worry  about  future funding.  This                                                               
allows  co-signers  to focus  on  the  most important  work,  the                                                               
children  and families  of  Alaska. She  stated  that tribes  and                                                               
tribal  organizations   have  worked  alongside  the   Office  of                                                               
Children's  Services (OCS)  for  many years.  This compact  would                                                               
solidify the commitment  of both parties to  improve outcomes for                                                               
all  children,  Native  and non-Native,  in  state  custody.  She                                                               
suggested that co-signers can  provide efficient, effective child                                                               
welfare work  in children's home  communities. She  urged members                                                               
to move HB 184 from committee.                                                                                                  
                                                                                                                                
2:38:29 PM                                                                                                                    
SENATOR HUGHES  asked for data  showing improvements  in outcomes                                                               
over the last 10 years.                                                                                                         
                                                                                                                                
MS.  MCGARRY   responded  that  the  implementation   process  is                                                               
ongoing. She related that Casey  Family Programs, a clinical case                                                               
management organization, recently provided  training to the state                                                               
and tribes  on implementation  science. She  has been  working on                                                               
ensuring  that  the  scopes are  appropriately  implemented.  She                                                               
stated that, parents, foster parents  and grandparents don't want                                                               
their children in state custody, so  being able to care for their                                                               
children  was important.  She explained  that the  infrastructure                                                               
support that the  state provides through the  Alaska Tribal Child                                                               
Welfare Compact would allow the  tribes and tribal entities to do                                                               
preventative  work instead  of handling  crises. She  stated that                                                               
Kawerak's  staff  has been  able  to  conduct relative  searches.                                                               
Although she  did not have  specific figures, she  indicated that                                                               
Kawerak had been  able to hire someone via the  compact. This has                                                               
resulted  in moving  children  into  relative placements  earlier                                                               
than in  the past. She  noted that  Kawerak could not  have hired                                                               
that  person without  the funding  that the  Alaska Tribal  Child                                                               
Welfare Compact provided.                                                                                                       
                                                                                                                                
2:40:10 PM                                                                                                                    
SENATOR  HUGHES said  it is  a challenging  world right  now, and                                                               
these children need  help. She expressed an  interest in learning                                                               
more about the successes.                                                                                                       
                                                                                                                                
2:40:26 PM                                                                                                                    
SENATOR  BEGICH  reinforced   Ms.  McGarry's  comments  regarding                                                               
certainty  because  it  allows  tribes  and  tribal  entities  to                                                               
recruit  and   retain  child  welfare  staff   with  the  highest                                                               
turnover. He  surmised that  it goes  to Senator  Hughes' concern                                                               
about  outcomes because  experienced  caseworkers  are often  the                                                               
most  effective  ones.  He  emphasized that  it  makes  sense  to                                                               
support  HB  184 because  of  the  level  of certainty  it  would                                                               
provide.                                                                                                                        
                                                                                                                                
2:41:32 PM                                                                                                                    
NICOLE  BORROMEO,  Executive  Vice  President;  General  Counsel,                                                               
Alaska  Federation of  Natives (AFN),  Anchorage, Alaska,  stated                                                               
that she  had held  this position  since 2014.  She said  she has                                                               
served as  the facilitator  for the  Alaska Tribal  Child Welfare                                                               
Compact.                                                                                                                        
                                                                                                                                
MS. BORROMEO,  in response to  Senator Reinbold's  question about                                                               
how  tribes determine  membership, explained  that membership  is                                                               
based  on  a case-by-case  determination  by  the 229  federally-                                                               
recognized tribes, but there  are 574 federally-recognized tribes                                                               
throughout  the nation.  She said  each tribe  is an  independent                                                               
sovereign  with  its  policies  and  procedures  for  determining                                                               
tribal membership. In  the 1970s, the US Supreme  Court in Morton                                                               
v. Mancari  [417 U.S. 535  (1974] held  that how a  tribe defines                                                               
its membership was up to  each tribe. The federal government will                                                               
not  second-guess   tribal  involvement.  Most  tribes   have  an                                                               
eligibility  process, such  that  children are  eligible in  most                                                               
instances if their  parents are enrolled members of  the tribe or                                                               
if they are eligible for membership in the tribe.                                                                               
                                                                                                                                
2:44:20 PM                                                                                                                    
SENATOR REINBOLD asked  for an example of  tribal eligibility for                                                               
one of the tribes.                                                                                                              
                                                                                                                                
2:44:44 PM                                                                                                                    
MS.  BORROMEO  responded  that   several  criteria  applied.  For                                                               
example,  a  number  of  tribes   have  blood  quantum  criteria;                                                               
however, that  was more  popular in  the early  70s and  80s, and                                                               
many tribes are  moving away from blood quantum.  Some tribes had                                                               
geographic requirements, such as living  on a reservation or in a                                                               
village.  She  noted  that  except   for  Metlakatla,  an  Indian                                                               
Reserve, Alaska does  not have reservations. She  said those were                                                               
traditional   criteria;  whether   the  tribes   adhere  to   the                                                               
requirements is up to the individual tribes.                                                                                    
                                                                                                                                
2:45:50 PM                                                                                                                    
SENATOR  COSTELLO related  her understanding  that  HB 184  would                                                               
require  the  executive  branch  to have  a  compact.  She  asked                                                               
whether this  was something new  and if it meant  the legislative                                                               
branch  had  a  new  avenue  within  the  executive  branch.  For                                                               
instance, she asked  if the legislature could  create compacts to                                                               
require  the  executive  branch   to  enter  into  agreements  or                                                               
compacts.  She  asked whether  the  Alaska  Tribal Child  Welfare                                                               
Compact  would  continue without  this  bill  under a  subsequent                                                               
administration.                                                                                                                 
                                                                                                                                
2:46:47 PM                                                                                                                    
MS.  BORROMEO related  her understanding  that the  questions all                                                               
relate  to  whether HB  184  would  upset  the balance  of  power                                                               
between  the executive  and legislative  branches of  government.                                                               
She responded  that the short  answer was no. She  suggested that                                                               
if  members think  of  the Alaska  Tribal  Child Welfare  Compact                                                               
(Compact)  as a  regulation, the  legislature would  be codifying                                                               
the regulation. It  would cement the Alaska  Tribal Child Welfare                                                               
Compact more  permanently in state  law. It would make  it easier                                                               
for future administrations  to move forward with  the compact and                                                               
for tribal  co-signers to  plan on its  existence each  year. She                                                               
explained  that compacts  could be  authorized by  statute or  by                                                               
executive branch action.  She noted that it  frequently occurs in                                                               
the  federal government,  such as  the Indian  Self-Determination                                                               
Act  and the  compacts  between Alaska  tribal organizations  and                                                               
tribes  for  health  care  services and  the  delivery  of  self-                                                               
governance-related services.  She offered her belief  that HB 184                                                               
makes  it easier  for the  state and  tribes to  administer child                                                               
welfare  services  cost-effectively  and provide  higher  quality                                                               
services at a lower cost to the state.                                                                                          
                                                                                                                                
2:48:31 PM                                                                                                                    
MS. BORROMEO, in response to  the question on service population,                                                               
said  it would  depend on  how the  tribal co-signer  defined its                                                               
service population  and service  delivery area. For  instance, it                                                               
would be possible for a co-signer  to service a child outside the                                                               
State  of Alaska  if  the  child was  enrolled  in  the tribe  or                                                               
eligible for  membership in the  tribe. She stated that  it would                                                               
fall under  the service-delivery population, not  necessarily the                                                               
service-delivery  area,  but generally  tied  to  the village  or                                                               
region where the tribe or tribal organization operates.                                                                         
                                                                                                                                
MS. BORROMEO indicated that  Representative Zulkosky covered much                                                               
of her  planned testimony. She  reiterated that compacts  of this                                                               
nature  are  entirely legal  under  federal  and state  law.  The                                                               
Alaska State Legislature was not  being asked to do anything that                                                               
would  take away  from the  State of  Alaska's jurisdiction  over                                                               
tribal  welfare  matters.  HB  184   was  meant  to  improve  the                                                               
administration  of children  in need  of care,  Alaska Native  or                                                               
non-Native children,  depending on  whether the tribe  would like                                                               
to  provide  services to  those  children.  However, only  Alaska                                                               
Native children were currently being  served by the Alaska Tribal                                                               
Child Welfare Compact.                                                                                                          
                                                                                                                                
2:50:41 PM                                                                                                                    
VIVIAN KORTHUIS, Chief Executive  Officer, Association of Village                                                               
Council  Presidents  (AVCP),  Bethel,  Alaska,  provided  invited                                                               
testimony in  support of  HB 184.  She stated  that AVCP  was the                                                               
largest  tribal  consortium in  the  nation,  with 56  federally-                                                               
recognized tribes as members, serving  tribes on the Yukon River,                                                               
Kuskokwim River, and the Bering  Sea coast on the Yukon-Kuskokwim                                                               
Delta (YKD). She said approximately  30,000 residents live in the                                                               
region.                                                                                                                         
                                                                                                                                
MS. KORTHUIS stated that the  Alaska Tribal Child Welfare Compact                                                               
is  a government-to-government  agreement  between  the State  of                                                               
Alaska and  tribes. She  explained that  tribes agree  to perform                                                               
negotiated child  welfare services for tribal  children on behalf                                                               
of  the state.  Tribes  can perform  these services  efficiently,                                                               
effectively,  and  culturally   appropriately.  AVCP's  executive                                                               
board decided  to be one of  the founding members of  the compact                                                               
in 2017 because tribes place a  high value on their children. She                                                               
provided an  example of what  this means  to the YKD  region. She                                                               
said approximately 500  tribal children from the  AVCP region are                                                               
in  the Office  of Children's  Service (OCS)  custody. She  noted                                                               
that a  medium-sized village in  the region would be  500 people.                                                               
She said half of the children  placed live in homes or facilities                                                               
outside the YKD. That figure  represents a smaller village in the                                                               
region.                                                                                                                         
                                                                                                                                
2:53:22 PM                                                                                                                    
MS. KORTHUIS  stated that  removing a child  from their  home and                                                               
parents  is a  traumatic experience  for any  child, even  if the                                                               
removal was  to keep them  safe. She  asked members to  imagine a                                                               
child  leaving  their  home,  their  house,  their  parents,  and                                                               
everything  familiar to  move  to Anchorage  or  another part  of                                                               
Alaska, which multiplies the trauma.  She emphasized that each of                                                               
the 500 children are people.                                                                                                    
                                                                                                                                
MS. KORTHUIS  related that  OCS removed  an AVCP  tribal member's                                                               
child from  their parent's home  in Anchorage. In that  case, OCS                                                               
contacted AVCP to identify a  relative. AVCP found a relative and                                                               
completed a  safety walk-through of  the home. She  reported that                                                               
the  child  was able  to  move  to  the  relative's home  in  the                                                               
village.  She  highlighted that  this  was  possible because  the                                                               
Alaska Tribal Child Welfare Compact  provided the process for OCS                                                               
to  make the  referral. She  said  AVCP received  the funding  to                                                               
identify a home  and obtain approval. She indicated  this was one                                                               
way the tribal organization was  helping its children through the                                                               
compact and why it is so important.                                                                                             
                                                                                                                                
MS. KORTHUIS emphasized  that YKD wants their  children to remain                                                               
in the community whenever possible.                                                                                             
                                                                                                                                
2:55:11 PM                                                                                                                    
MS. KORTHUIS  highlighted another benefit of  working with tribes                                                               
under the  Alaska Tribal  Child Welfare  Compact: the  ability to                                                               
leverage resources.  She stated that  it allows AVCP  to leverage                                                               
other programs, such as providing  potential foster care families                                                               
with  the   equipment  they  need  to   become  licensed,  making                                                               
necessary  repairs  to  foster  homes,  and  providing  childcare                                                               
resources.  She  emphasized  that  the  children  are  important,                                                               
needed, and represent one of  the most valuable resources for all                                                               
of the  tribes in the  region. She  said AVCP fully  supports the                                                               
Alaska  Tribal Child  Welfare Compact  and reaffirms  the state's                                                               
goal  for  better outcomes  for  all  of Alaska's  children.  She                                                               
further stated that AVCP supports HB 184 and all of its intent.                                                                 
                                                                                                                                
2:56:19 PM                                                                                                                    
CHAIR WILSON opened public testimony on HB 184.                                                                                 
                                                                                                                                
2:56:31 PM                                                                                                                    
TREVOR  STORRS,   President;  Chief  Executive   Officer,  Alaska                                                               
Children's Trust, Anchorage, Alaska,  stated that he was speaking                                                               
to the  committee from the  land of  the Dena'ina people.  As the                                                               
statewide lead  organization working  to prevent child  abuse and                                                               
neglect,  the  Alaska  Children's  Trust  strongly  supports  the                                                               
Alaska Tribal Child Welfare Compact.                                                                                            
                                                                                                                                
MR. STORRS  stated that Alaska  has one of the  country's highest                                                               
child  abuse  and   neglect  rates.  Each  year   the  Office  of                                                               
Children's  Services (OCS)  receives approximately  20,000 calls,                                                               
of which 45  percent result in investigations.  As the Department                                                               
of Health and  Social Services shared this  year, OCS continually                                                               
struggles with high turnover rates,  most recently reported at 60                                                               
percent. OCS cannot engage in  prevention work with every case it                                                               
receives. The  Alaska Tribal Child Welfare  Compact represents an                                                               
innovative approach  to strengthening  OCS's capacity.  Still, it                                                               
would allow  for culturally appropriate services  and support for                                                               
Alaska's families in their communities.                                                                                         
                                                                                                                                
2:57:40 PM                                                                                                                    
MR. STORRS stated that Alaska  Native children make up 15 percent                                                               
of the state's general population  but represent approximately 65                                                               
percent  of  the  kids in  state  custody.  The  disproportionate                                                               
number  of Alaska  Native  children  in the  OCS  system must  be                                                               
addressed,  but  it  will take  long-term  sustainable,  systemic                                                               
change. He  emphasized that  was exactly  what the  Alaska Tribal                                                               
Child Welfare Compact seeks to  accomplish. He reported that over                                                               
the last  four years, the  compact had allowed tribes  and tribal                                                               
organizations  to  assist  in  finding   relatives  to  care  for                                                               
children, visit homes  in advance to ensure  safe placement, help                                                               
at-risk  families before  they need  OCS  intervention, and  work                                                               
alongside  OCS to  ensure families  have  the additional  support                                                               
they need.                                                                                                                      
                                                                                                                                
MR.  STORRS  indicated that  this  historic,  unique compact  was                                                               
working  and needed  to be  made permanent  to address  the child                                                               
welfare  needs.  He urged  members  to  support  HB 184  to  help                                                               
prevent child abuse and neglect.                                                                                                
                                                                                                                                
2:58:44 PM                                                                                                                    
CHAIR WILSON closed public testimony on HB 184.                                                                                 
                                                                                                                                
2:59:00 PM                                                                                                                    
SENATOR  HUGHES  remarked  that Ms.  Korthuis's  testimony  about                                                               
children being removed  from the world they  know was compelling.                                                               
She expressed  interest in knowing  that the Alaska  Tribal Child                                                               
Welfare Compact was working well.                                                                                               
                                                                                                                                
2:59:43 PM                                                                                                                    
CHAIR WILSON suggested that OCS could provide the committee with                                                                
data on the effectiveness of the Alaska Tribal Child Welfare                                                                    
Compact.                                                                                                                        
                                                                                                                                
REPRESENTATIVE ZULKOSKY thanked the committee. She said this                                                                    
bill would provide an opportunity to help protect the work being                                                                
done collaboratively by the state and tribes.                                                                                   
                                                                                                                                
2:59:57 PM                                                                                                                    
CHAIR WILSON held HB 184 in committee.                                                                                          

Document Name Date/Time Subjects
HB 184 Sectional Analysis version A.pdf HHSS 4/22/2021 3:00:00 PM
HTRB 5/4/2021 8:00:00 AM
SHSS 3/31/2022 1:30:00 PM
HB 184
HB 184 Sponsor Statement version A.pdf HHSS 4/22/2021 3:00:00 PM
HTRB 5/4/2021 8:00:00 AM
SHSS 3/31/2022 1:30:00 PM
HB 184
HB 184 LOS_Maniilaq.pdf SHSS 3/31/2022 1:30:00 PM
HB 184
HB 184 LOS_Alaska Childrens Trust.pdf HHSS 4/27/2021 3:00:00 PM
HTRB 5/4/2021 8:00:00 AM
SHSS 3/31/2022 1:30:00 PM
HB 184
HB 184 LOS_Alaska Regional Coalition.pdf HHSS 4/27/2021 3:00:00 PM
SHSS 3/31/2022 1:30:00 PM
HB 184
SB 175 Work Draft v.G.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
SB 175 Testimony 3.21.22.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
SB 175 Letters 3.30.22.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
SB 175 Exp of Changes V.I to V.G.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
HB 184 Letter 3.16.22.pdf SHSS 3/31/2022 1:30:00 PM
HB 184
SB 175 A 1.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
HB 184 Powerpoint 3-31-2022.pdf SHSS 3/31/2022 1:30:00 PM
HB 184
SB 175 A 2.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
HB 184 Powerpoint #2 3.31.22.pdf SHSS 3/31/2022 1:30:00 PM
HB 184
SB 175 Supporting Doc Pay Parity 4.4.22.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
SB 175 Ammendments Considered.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
SB 175 FN BH UPDATED 2.18.22.pdf SHSS 3/31/2022 1:30:00 PM
SB 175
SHSS SB175 Follow-Up Information from CBPL (4.4.22).pdf SHSS 3/31/2022 1:30:00 PM
SB 175