03/28/2016 01:30 PM Senate JUDICIARY

           SB 112-ADOPTION OF CHILD IN STATE CUSTODY                                                                        
                                                                                                                                
2:13:17 PM                                                                                                                    
VICE  CHAIR COGHILL  announced  the consideration  of SB  112. He                                                               
noted this  is the second  hearing and  there is a  new committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
SENATOR COSTELLO  moved to adopt  the work  draft CS for  SB 112,                                                               
labeled 29-GS1262\I, as the working document.                                                                                   
                                                                                                                                
VICE CHAIR COGHILL objected for discussion purposes.                                                                            
                                                                                                                                
2:14:01 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:14:19 PM                                                                                                                    
VICE  CHAIR COGHILL  listed the  individuals available  to answer                                                               
questions  and  asked  Ms.  Lawton to  describe  the  changes  in                                                               
version I.                                                                                                                      
                                                                                                                                
CHRISTY   LAWTON,  Director,   Office   of  Children's   Service,                                                               
Department  of  Health  and  Social  Services  (DHSS),  presented                                                               
information  on SB  112. She  noted the  only difference  between                                                               
versions  P  and  I  are   the  words  "interested  in  immediate                                                               
permanent placement" added on page 8,  lines 3 and [8] of version                                                               
I. This language  would mirror language in other  sections of the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR COSTELLO asked whether "family friend" is in the bill.                                                                  
                                                                                                                                
MS. LAWTON clarified that she meant to say "family member."                                                                     
                                                                                                                                
She continued to  explain that the bill  achieves several things.                                                               
It  brings the  concept of  one  judge/one family  for all  legal                                                               
proceedings that  might occur for a  child into Child in  Need of                                                               
Aid (CINA)  matters. This will  create efficiencies,  save money,                                                               
and  expedite the  process of  children going  into, or  leaving,                                                               
foster  care.  The  bill  also   provides  a  vehicle  to  ensure                                                               
provisions under  the 1978 Indian  Child Welfare Act  (ICWA) that                                                               
specify adoption  placement preferences  for American  Indian and                                                               
Alaska Native Children are preserved.                                                                                           
                                                                                                                                
She  related that  a U.S.  Supreme Court  case last  year made  a                                                               
decision that  did not consider adoption  preferences under ICWA.                                                               
She stated  that DHSS wanted  to preserve what is  intended under                                                               
ICWA. The proxy  in SB 112 is intended to  do that. She concluded                                                               
that the  bill benefits  all Alaskans  and complies  with federal                                                               
law.                                                                                                                            
                                                                                                                                
VICE  CHAIR COGHILL  withdrew  his objection  and  version I  was                                                               
before the committee.                                                                                                           
                                                                                                                                
He opened public testimony.                                                                                                     
                                                                                                                                
2:20:12 PM                                                                                                                    
MELANIE BAHNKE,  President, Kawerak,  Inc., testified  in support                                                               
of SB 112.  She related three reasons Kawerak  supports the bill.                                                               
It does  away with adoption  barriers for Alaska  Native families                                                               
by defining  a proxy in lieu  of a formal petition  for adoption.                                                               
It   ties  adoption   proceedings   with   the  underlying   CINA                                                               
proceedings, which  will save the  state resources and  money. It                                                               
also furthers the state's compliance with ICWA.                                                                                 
                                                                                                                                
2:22:20 PM                                                                                                                    
NICOLE BORROMEO,  General Counsel,  Alaska Federation  of Natives                                                               
(AFN), testified  in support  of SB 112.  She echoed  comments of                                                               
the previous  two speakers. She  noted that AFN has  been working                                                               
hard with the department on this issue.                                                                                         
                                                                                                                                
SENATOR COSTELLO thanked Ms. Borromeo for calling in.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  about   Section  2  regarding  what                                                               
happens if  a party  objects to the  venue where  the proceedings                                                               
take place.                                                                                                                     
                                                                                                                                
MS. LAWTON replied the intention is  to get the parties to agree.                                                               
If  someone  objects, the  hearing  would  stay within  the  CINA                                                               
proceeding. She did not expect many objections.                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  asked what happens  if there is  an out-of-                                                               
state petitioner.                                                                                                               
                                                                                                                                
2:25:36 PM                                                                                                                    
KATHERINE LYBRAND,  Assistant Attorney General,  Child Protection                                                               
Services,   Civil   Division,   Department  of   Law,   presented                                                               
information  on SB  112. She  explained  that the  bill does  not                                                               
consider out-of-state  petitioners. Those individuals  would have                                                               
to go  through the interstate  compact for placement  of children                                                               
process.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked if tribal  courts could  preside over                                                               
guardianship or adoption proceedings.                                                                                           
                                                                                                                                
MS.  LYBRAND  responded that  the  bill  will not  affect  tribal                                                               
jurisdiction proceedings. She provided an example.                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI noted  U.S. Supreme  Court cases  regarding                                                               
this issue  and inquired whether  Alaska recognizes  tribal court                                                               
decisions.                                                                                                                      
                                                                                                                                
MS. LYBRAND clarified that SB 112  does not seek to modify tribal                                                               
jurisdiction.                                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked what happens  when one parent wants to                                                               
go through a tribal court and the other does not.                                                                               
                                                                                                                                
2:27:40 PM                                                                                                                    
MS. LAWTON explained  that in Alaska there are  three tribes that                                                               
have  exclusive jurisdiction  over  CINA  proceedings. The  state                                                               
holds concurrent  jurisdiction over all other  tribes. When there                                                               
is  a   family  member  who   is  not  happy  with   the  state's                                                               
jurisdiction,  the courts  and  tribal courts  try  to solve  the                                                               
disagreement.                                                                                                                   
                                                                                                                                
VICE CHAIR COGHILL  said it is an area of  growing law. This bill                                                               
allows for collaborating at the highest level possible.                                                                         
                                                                                                                                
2:28:37 PM                                                                                                                    
ELIZABETH   MEDICINECROW,  President   &   CEO,  First   Alaskans                                                               
Institute, testified  in support of  SB 112. She said  that First                                                               
Alaskans Institute  is a  statewide non-profit  organization. She                                                               
stressed  that every  child,  in  their eyes,  is  a leader.  She                                                               
described some of the Institute's  programs and the importance of                                                               
children's  connection   to  their  communities,   families,  and                                                               
cultures. She thanked the committee for its work.                                                                               
                                                                                                                                
2:30:17 PM                                                                                                                    
VICE CHAIR COGHILL agreed that every child is a leader.                                                                         
                                                                                                                                
He withdrew his objection.                                                                                                      
                                                                                                                                
2:30:52 PM                                                                                                                    
SENATOR COSTELLO moved to report  the CS for SB 112(JUD), version                                                               
29-GS1262\I, from  committee with individual  recommendations and                                                               
attached zero fiscal notes.                                                                                                     
                                                                                                                                
VICE  CHAIR  COGHILL  announced   that  without  objection,  CSSB
(JUD)  is   reported  from   the  Senate   Judiciary  Standing                                                               
Committee.