03/01/2004 08:03 AM Senate JUD

                                                                                                                                
            SB 288-EMERGENCY CHILD CUSTODY PLACEMENT                                                                        
                                                                                                                                
CHAIR  SEEKINS   informed  members  that  a   proposed  committee                                                               
substitute, labeled version U, was prepared for the committee.                                                                  
                                                                                                                                
SENATOR OGAN  moved to  adopt version U  as the  working document                                                               
before  the committee  and then  objected for  the purpose  of an                                                               
explanation.                                                                                                                    
                                                                                                                                
MS. JACQUELINE  TUPOU, staff  to Senator  Lyda Green,  sponsor of                                                               
the measure,  explained that  the changes made  to version  U are                                                               
technical  in nature  and  were  made by  the  legal drafter  and                                                               
attorneys from the Department of  Law to improve the legislation.                                                               
The  first change  replaced "emergency"  custody with  "temporary                                                               
legal"  custody on  page 1,  line 14.  The second  change is  the                                                               
addition of  a new sentence  beginning on  page 2, line  4, which                                                               
clarifies the court procedure.                                                                                                  
                                                                                                                                
SENATOR  OGAN  removed his  objection;  therefore  version U  was                                                               
before   the  committee.   He  then   asked  what   problem  this                                                               
legislation addresses.                                                                                                          
                                                                                                                                
MS.  TUPOU told  members that  this legislation  changes Alaska's                                                               
statutory  language to  align with  federal language.  Currently,                                                               
judges use  different terminology when determining  the placement                                                               
of children.  Often, in  the instance of  a continuance,  a judge                                                               
may not specifically state what  is happening on the record. This                                                               
legislation  clarifies the  process  and  aligns the  terminology                                                               
with the federal language.                                                                                                      
                                                                                                                                
SENATOR OGAN  asked if the  purpose of the  bill is to  align the                                                               
language or to get federal funds.                                                                                               
                                                                                                                                
MS. TUPOU replied the purpose  is to comply with federal language                                                               
and to create a better statute.                                                                                                 
                                                                                                                                
CHAIR SEEKINS said  in some cases the court may  place a child in                                                               
agency custody  of the  department, but in  other cases  it might                                                               
decide  on  temporary  legal  custody to  be  able  to  determine                                                               
whether or not the child is at risk.                                                                                            
                                                                                                                                
SENATOR OGAN  asked if more children  might be placed out  of the                                                               
home as a result of changing "emergency" to "temporary legal."                                                                  
                                                                                                                                
MS. TUPOU said  that is not the intent but  deferred to the legal                                                               
drafter for further information.                                                                                                
                                                                                                                                
MS.  JEAN MISCHEL,  legislative  counsel,  Legislative Legal  and                                                               
Research  Services, Legislative  Affairs  Agency,  said the  term                                                               
"temporary legal" encompasses non-physical  custody of a child in                                                               
the event  that a  court determines that  placement of  the child                                                               
with  the parent  or  guardian  is not  contrary  to the  child's                                                               
welfare. The  parent or guardian would  maintain physical custody                                                               
but  the state  would  control certain  aspects  of that  child's                                                               
life.                                                                                                                           
                                                                                                                                
CHAIR SEEKINS asked  if that dovetails into the  language on line                                                               
4, page 2.                                                                                                                      
                                                                                                                                
MS.  MISCHEL replied,  "That's right.  It's a  placement question                                                               
versus legal custody."                                                                                                          
                                                                                                                                
CHAIR  SEEKINS thought  that using  this language  might make  it                                                               
easier to determine whether a  child should be placed outside the                                                               
home.                                                                                                                           
                                                                                                                                
MS. MISCHEL  added that the standard  to remove a child  will not                                                               
change and is based  on a child in need of  aid (CINA) as defined                                                               
in statute.                                                                                                                     
                                                                                                                                
SENATOR OGAN moved CSSB 288(JUD),  version U, from committee with                                                               
attached fiscal notes.                                                                                                          
                                                                                                                                
CHAIR SEEKINS  said with no  objection, CSSB 288(JUD)  would move                                                               
to the next committee of referral.