Legislature(1997 - 1998)
05/05/1998 03:20 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 030 SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY SENATOR PARNELL brought SSHB 366(title am) before the committee as the next order of business. LISA TORKELSON, staff to Representative Fred Dyson, said the legislation is basically a protective measure. She related a situation where a lady's sister turned her into the Division of Family and Youth Services (DFYS) for being a vegetarian and choosing that eating style for her children as well. It caused a lot of problems, including family problems, and it was very difficult for the lady to prove that her children were well fed even though they chose this lifestyle. HB 366 prohibits an agency from using the status of being poor, homeless, or lives a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives as the sole reason for removing a child from a home or for DFYS to come in and take custody of that child. TAPE 98-52, SIDE A Number 031 SENATOR PARNELL inquired if there has been a court case on this, and REPRESENTATIVE DYSON replied that he did not know of one, but the intent of the legislation is to strengthen the rights of parents and limit the role of DFYS to take children if they are not being abused and neglected. Number 060 SENATOR MILLER questioned if the lady was turned into DFYS solely because of being vegetarians. REPRESENTATIVE DYSON pointed out that the law requires DFYS to investigate whenever there is a report of harm, and a fair percentage of the reports they get are spite, particularly when it comes to custody cases. SENATOR MILLER said what he has found frustrating in his 16 years in the Legislature is that it seems like often DFYS spends a lot to manpower investigating the wrong cases and no manpower in investigating the cases that they should be investigating. He said it is unfortunate that there has to be legislation redirecting that focus. REPRESENTATIVE DYSON noted that he has been working with the states of Wisconsin, Minnesota and Kansas in how they are approaching this issue, and one of them is the quality and training of the people and in keeping them. The turnover rate in Alaska is tremendous and there isn't the kind of judgement, maturity and experience to make good judgements about these cases without continuity. SENATOR PARNELL asked if DFYS currently uses a standard that is called "generally accepted lifestyle standard" or was this new language. MS. TORKELSON responded that this was language drafted by the legislative drafter, and Susan Wibker of the Department of Law, who helped to write the child protection bill, spoke favorably for it. SENATOR PARNELL noted that Lynette Moreno Hinz, the president of the Anchorage Tribes of Tlingit and Haida Indians of Alaska, had signed up to testify, but she had to leave before being able to testify on the legislation. However, she indicated on the witness register that she was in opposition to the bill. There being no further testimony on SSHB 366(title am), SENATOR PARNELL stated the legislation would be set aside until a quorum was reestablished. Number 170 SSHB 366(title am) - NO CINA BASED SOLELY ON POVERTY CHAIRMAN TAYLOR asked for the pleasure of the committee on SSHB 366(title am). SENATOR PARNELL moved SSHB 366(title am) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.
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