Legislature(2005 - 2006)BUTROVICH 205
04/04/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB318 | |
| HB408 | |
| HB400 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 318 | TELECONFERENCED | |
| += | HB 408 | TELECONFERENCED | |
| + | HB 400 | TELECONFERENCED | |
HB 408-DEFINITION OF CHILD ABUSE AND NEGLECT
10:07:28 AM
CHAIR RALPH SEEKINS announced CSHB 408(FIN) AM to be up for
consideration.
RYNNIEVA MOSS, Staff to Representative John Coghill, and TAMMY
SANDOVAL, Deputy Commissioner, Office of Children's Services,
introduced themselves for the record.
CHAIR SEEKINS moved Amendment 1. Page 6, line 10, after the
words "healing arts" insert ", as defined in AS 47.17.290(13).
Hearing no objections, the committee adopted Amendment 1.
CHAIR SEEKINS moved Amendment 2.
24-GH2021\L.1
Mischel
A M E N D M E N T 2
OFFERED IN THE SENATE
TO: SCS CSHB 408( ), Draft Version "L"
Page 5, lines 3 - 18:
Delete all material and insert:
"* Sec. 6. AS 47.10.093(j) is repealed and reenacted to
read:
(j) The department may publicly disclose information
pertaining to a child or an alleged perpetrator named in a
report of harm described under (i) of this section, or
pertaining to a household member of the child or the
alleged perpetrator, if the information relates to a
determination, if any, made by the department regarding the
nature and validity of a report of harm under AS 47.17 or
to the department's activities arising from the
department's investigation of the report. The commissioner
or the commissioner's designee
(1) shall withhold disclosure of the child's
name, picture, or other information that would readily lead
to the identification of the child if the department
determines that the disclosure would be contrary to the
best interests of the child, the child's siblings, or other
children in the child's household; or
(2) after consultation with a prosecuting
attorney, shall withhold disclosure of information that
would reasonably be expected to interfere with a criminal
investigation or proceeding or a criminal defendant's right
to a fair trial in a criminal proceeding."
10:09:13 AM
SENATOR GRETCHEN GUESS objected for the opportunity to read
Amendment 2.
CHAIR SEEKINS announced a brief recess at 10:09:35 AM.
10:11:02 AM
SENATOR HOLLIS FRENCH questioned the witness regarding the
instances under which the Department of Health and Social
Services (DHSS) could make a public disclosure.
MS. SANDOVAL said in a nutshell they have the occasion to
respond to the media with regard to fatality or near fatality.
They realized that HB 53 was only about that particular
incident. There have been requests for information about what
DHSS had been doing with the family and the law would not allow
them to disclose that information but part of the story would
already be in the media. The amendment would allow the
Department to disclose information with regard to what they have
done in serious circumstances.
CHAIR SEEKINS clarified that it would only allow them to
disclose information for instances such as near fatalities or
fatalities.
MS. SANDOVAL said correct.
MS. MOSS added that the amendment would allow DHSS to go back to
past reports of harm and disclose other information as well.
SENATOR FRENCH noted that it was a balancing act to do the
disclosures so as to let the public know they are doing their
job while not revealing whom the family is.
10:14:02 AM
MS. SANDOVAL said that is something that they have to consider.
The assessment of the family involves concern for the children
and their safety. The Department would only share information as
to the reason they made certain determinations.
SENATOR FRENCH stated that it allows the Department to defend
itself against charges of inaction and negligence.
MS. SANDOVAL agreed.
SENATOR FRENCH asked whether healthcare practitioners have
reviewed the bill.
MS. MOSS said she has worked closely with the Public Defender's
Office and with the Office of Public Advocacy.
SENATOR GUESS withdrew her objection and the committee adopted
Amendment 2.
SENATOR GUESS moved to report SCS CSHB 408(JUD) from committee
with individual recommendations and attached fiscal notes.
Hearing no objections, the motion carried.
CHAIR SEEKINS moved to adopt the State Concurrent Resolution on
the title change. Hearing no objections, the motion carried.
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